If high ranking personnel of a government contractor, chooses to deviate funds to a different bank account as provided by their subcontractor in the invoice and invoice certification and this specific action is part of a federally funded international program, would this be government fraud?
Hello and thank you for the question. I am sorry to read of this dilemma. Why is it being done? Convenience or intent to divert funds?
The funds have been deviated already. The invoice delivered for payment was altered after delivery in the offices of this big governmental contractor, and the funds channeled to a different recipient. In blatant disregard to contractual specifications. This is relevant to a big international project that is federally funded.
From facts provided a viable breach of contract claim is possible. For a fraud claim one has to show an intentional act and misrepresentation leading to injury. That too is viable here from these facts. Court are more likely to award a breach of contract claim over a fraud claim.
What would I need to prove fraud, missrepresentation, deceit and false claim beyond reasonable doubt?
In a civil lawsuit you would need to show only more likely than not. Fraud is often proven through detailing facts that show to a reasonable person that no other interpretation other than fraud is likely. In a criminal case the showing is more strict and has to be convincing and clear. Witnessed and tangible written items such as the checks and emails would be useful. Good luck
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