QUESTION

Ok a store near my house got into trouble for for converting food stamp money into cash and giving those money to the customer. Two people, the employee and the employer, got into trouble. The employer admitted that he was the one who told the employee what he should do and how to do it. The employee admitted that he was the one who swiped the card and gave money to the people because he was told to do so by his employer. In this case who is at fault? What punishment will the employee receive? What punishment will the employer receive?

Asked on Aug 06th, 2012 on Business Law - Michigan
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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As a general matter, criminal penalties in financial fraud cases depend, among other things, on the dollar amount of the wrongful benefit that the defendant received. If the financial benefit to the defendants was immaterial and they have no prior offenses, they may be looking at a non-incarcerative sentence. However, these kinds of defendants are usually caught because the particular act in which they were engaged was part of a larger plan. It's really impossible to say from the skimpy facts you have provided.
Answered on Aug 07th, 2012 at 8:54 AM

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