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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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If high ranking personnel of a government contractor, chooses

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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?
Customer: replied 5 years ago.
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.
Customer: replied 5 years ago.
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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