If you work for an LLC and you have been told that your boss was embezzling, can you be charged with anything because you didn’t tell anyone?

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If you work for an LLC and you have been told that your boss was embezzling, can you be charged with anything because you didn’t tell anyone?

Asked on December 11, 2013 under Criminal Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no affirmative duty to disclose someone else's criminal activity (especially when it's apparently something that you heard from a third person, rather than seeing/experiencing yourself), so if all you do is not tell anyone, you would not face criminal charges. However, if you even implicitly help him embezzle or hide his embezzlement, that would be different. For example, say that you are a bookkeeper, and you sign off on some financial report that is hiding embezzlement; or say that you are in purchasing and sign off on a falsified purchase order that your boss uses to embezzle; etc.--if you do anything that furthers or helps the embezzlement, then you may be an accomplice.


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