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Fraud in Foreign Labor Contracting

Fraud4

Many people associate the term white collar crime with certain offenses, such as embezzlement or blackmail. However, the reality is that white collar crime covers a variety of offenses, ranging from falsifying financial records to stealing someone’s identity. One of the lesser known, but more serious white collar crime charges involves allegations of fraud in foreign labor contracting. Being convicted of this offense can end up costing defendants hefty fines and a lengthy prison sentence, so if you are being investigated for contracting fraud, it is critical to retain an experienced white collar crime lawyer who can help you begin formulating a defense.

Prohibited conduct  

Under federal law, U.S. employers are prohibited from using fraudulent pretenses and making false promises or representations when recruiting, soliciting, or hiring a person outside of the U.S. to work for them. These charges most often involve allegations of false promises concerning working conditions related to housing, food, pay, transportation, fees to labor brokers, immigration status, and the ability to work at other places of employment.

This law also extends to hiring employees to work outside of the country if these types of fraudulent methods are used to employ a person to work on:

  • A U.S. government contract performed outside of the country;
  • A U.S. military installation;
  • A foreign U.S. mission; or
  • Property outside of the U.S. that is owned or controlled by the government.

This type of offense is aggressively investigated and prosecuted and even attempting to hire another person to recruit outside of the country using unlawful methods is punishable. For instance, those who are convicted of this offense face a fine of $250,000 and up to five years in prison. However, before a person can be convicted, prosecutors must be able to establish that the defendant knowingly used fraudulent pretenses to mislead victims with the intent to defraud them. To prove intent, prosecutors will look for evidence that the defendant used coercive tactics, charged exorbitant fees, failed to pay lawful wages, or took a percentage of the employee’s wages in the form of kickbacks.

Because a case’s success depends largely on whether there is evidence of the defendant’s intent to defraud the alleged victim, it is critical for those who are accused of or charged with this crime to speak with a skilled white collar crime attorney who has the resources and experience to conduct an in-depth investigation and aggressively represent their interests in court.

Call a Dedicated Miami White Collar Crime Attorney Today  

To speak with a Miami white collar crime attorney about your own criminal charges, please call Jeffrey S. Weiner, P.A., Criminal Defense Attorneys at 305-670-9919 at your earliest convenience. We understand how frightening and stressful it can be to be the subject of a fraud investigation and so dedicate ourselves to defending the rights of our clients throughout the investigation process, as well as subsequent hearings and trials. Please call us today to learn more about the services that we offer.

Resource:

law.cornell.edu/uscode/text/18/1351

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