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Category: Criminal Law
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independent contractor breaks a rule of the company that employs

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independent contractor breaks a rule of the company that employs him to gain additional commissions from the principal
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Customer: replied 3 years ago.

independent contractor avoids 1 commission rule and makes second sale using fictitious name. Has a criminal law been breached?


 


At this time, the circumstances are completely hypothetical.


 

Just breaking an internal rule is certainly not a crime, but if the person submitted false information, such as a fictitious name, in order to receive monetary gain, then yes that could be the common law crime of obtaining money by false pretenses.

New York statutes have included obtaining money by false pretenses, embezzlement, and other fraud type crimes under their general larceny statute which is codified at New York Penal Code Article 155.
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