Full question:
I am a decision maker in charge of the computer department for the entire company. I have received kick backs from vendors which my employer may have found out recently. I have been laid off last Monday 12/8 and after that they have 'probably' found out the kick back fact. Am I in trouble? In other words, is the kick back from a computer vendor illegal (felony or misdemeanor)? Any help regarding this matter will be well appreciated.
- Category: Criminal
- Date:
- State: Michigan
Answer:
Kickbacks are often associated with government fraud. The crime is committed in a variety of settings, however, most laws relate to kickbacks associated with government, the healthcare industry, and employee benefit or pension plans. The federal Anti-Kickback Act of 1986 prohibits government contractors and subcontractors from issuing or accepting kickbacks.
There is a Michigan statute that makes kickbacks to employees of all types of employers a misdemeanor. Please see the statute below for applicability:
750.125 Giving, offering, or promising commission, gift, or gratuity to
agent, employee, or other person with intent to influence action of agent
or employee; requesting or accepting commission, gift, or gratuity; using
or giving document containing materially false, erroneous, or defective
statement; evidence; use of truthful testimony, evidence, or other
information against witness in criminal case; violation as misdemeanor.
Sec. 125.
(1) A person shall not give, offer, or promise a commission, gift, or
gratuity to an agent, employee, or other person or do or offer to do an
act beneficial to an agent, employee, or other person with intent to
influence the action of the agent or employee in relation to his or her
principal's or employer's business.
(2) An agent or employee shall not request or accept a commission,
gift, or gratuity, or a promise of a commission, gift, or gratuity, for
the agent, employee, or another person or the doing of an act or offer of
an act beneficial to the agent, employee, or another person according to
an agreement or understanding between the agent or employee and any other
person that the agent or employee shall act in a particular manner in
relation to his or her principal's or employer's business.
(3) A person shall not use or give to an agent, employee, or other
person, and an agent or employee shall not use, approve, or certify, with
intent to deceive the principal or employer, a receipt, account,
invoice, or other document concerning which the principal or employer is
interested that contains a statement that is materially false,
erroneous, or defective or omits to state fully any commission, money,
property, or other valuable thing given or agreed to be given to the agent
or employee.
(4) Evidence is not admissible in any proceeding or prosecution under
this section to show that a gift or acceptance of a commission, money,
property, or other valuable thing described in this section is customary
in a business, trade, or calling. The customary nature of a transaction
is not a defense in a proceeding or prosecution under this section.
(5) In a proceeding or prosecution under this section, a person shall
not be excused from attending and testifying or from producing
documentary evidence pursuant to a subpoena on the ground that the
testimony or evidence may tend to incriminate him or her or subject him
or her to a penalty or forfeiture. Truthful testimony, evidence, or other
truthful information compelled under this section and any information
derived directly or indirectly from that truthful testimony, evidence, or
other truthful information shall not be used against the witness in a
criminal case, except for impeachment purposes or in a prosecution for
perjury or otherwise failing to testify or produce evidence as required.
(6) A person who violates this section is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of not more
than $1,000.00, or both.
Please see the information at the following links:
Please see the forms at the following links:
http://definitions.uslegal.com/k/kickbacks/
http://definitions.uslegal.com/e/employment-termination/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
