Should I tell a company my former colleagues committed fraud?

barryt1975 · 04-06-2022 8:05am #1

Hi,

advice please, a former work colleague who committed fraud to the tune of millions, is now employed with a new financial company and I am considering telling this new company that this former colleague committed massive fraud. This fraud will become public knowledge in the coming months, so their secret will become public knowledge, but this new company is doing very well, is a start up fin tech, and is on the track to become a hundred million euro company, but I feel obliged to inform this company of this persons past.

anyone know if any GDPR rules apply to this scenario? they were my line manager.

any other points to note?

I believe that I should/am doing the right thing.

all advice is appreciated. Thanks

04-06-2022 9:38am

Anonymous letter, registered post to owner.

sam t smith · 04-06-2022 9:45am

Say nothing ‘til you hear more.

04-06-2022 9:49am

Don't know about GDPR (and, from the 'outside' [UK], I find it amusing to see that trotted out so regularly on this site) but you would want to be 100% certain of the facts before you approach another company like that. If you're going to do this it might be a safer option (for you) to investigate any 'whistle-blower' schemes, especially if it is a regulated industry/service.

04-06-2022 9:53am

https://www.boards.ie/discussion/comment/119156764#Comment_119156764

Isn’t whistleblower when an employee goes to the authorities/regulatory body about the misdeeds of their employer?

Also, the op doesn’t need to prove the person did it, they could report that there is an ongoing investigation into fraud.

Pauliedragon · 04-06-2022 9:55am

If it's going to be out in the open soon why not just let things run it's course? If u do feel strongly enough to pursue an anonymous letter or e mail might be the way to go however how can that be verified? What action can the company take against the individual without corroboration.

Jim2007 · 04-06-2022 10:05am

‘so their secret will become public knowledge’

Fraud is a criminal offense and would be a matter of public record…. So how could it be only coming out later?

Has the person been convicted of a crime? Or is it gossip and your opinion?

04-06-2022 10:08am

https://www.boards.ie/discussion/comment/119156828#Comment_119156828

I suspect there are a lot of people under criminal investigation without their friends, neighbours, colleagues or employers knowing about it.

barryt1975 · 04-06-2022 2:10pm

Thanks all so far, this person left the previous old company, and had to move industries so perhaps new company didn’t do too many back ground checks, although the role was a very senior role, top of the pile so to speak. I have definite proof of fraud, emails, paperwork, voice recordings etc, so they know I have this evidence. Old company owners told me that they informed Garda etc, so I expect this to blow up in the coming weeks/months.

have been through the whistleblower route, although I do have my doubts if old company did tell guards, but another legal avenue will expose this fraud shortly. I have left old company.

any further advice is appreciated.

thanks

06-06-2022 12:09am

I’m curious as to why you feel compelled to inform the new company about what are, right now, allegations of fraud. Is there a mechanism, duty, professional code of conduct that requires that? The answer must be no or you would not raise the issue here. So how is this your problem that you feel obliged to pass on allegations ( until they are proven in court they remain such regardless of your opinion) and possibly expose yourself to legal action?

hullaballoo · 06-06-2022 11:31am

If it's a financial services firm it is probably regulated by the Central Bank. You could find out if the company is regulated by the Central Bank and if so, make a report to it.

Wanderer78 · 06-06-2022 11:56am

https://www.boards.ie/discussion/comment/119164612#Comment_119164612

i wonder what the criteria is for the shadow banking system, does it need to meet the same criteria of operation as the regular banking system?

barryt1975 · 06-06-2022 7:33pm

https://www.boards.ie/discussion/comment/119163552#Comment_119163552

thanks for your reply

I feel that I have a moral / ethical duty to report this, can I ask you what legal action do you mean, please assume that all the evidence I have is legit and everything I say is totally correct and this person committed fraud to the tune of millions of euro, it is not the financial sector.

Slutmonkey57b · 06-06-2022 7:47pm

You say you've left the old company. How do you propose to provide evidence of this? You removed confidential files from your old place of work and plan to illegally send them on to another company, is that it?

This is not a winning strategy for you.

Victor · 06-06-2022 7:53pm

Report to Garda. Otherwise you may be interfering in a Garda investigation.

06-06-2022 7:56pm

https://www.boards.ie/discussion/comment/119166502#Comment_119166502

It may well be correct but it has not been established in a court that fraud has been committed and by whom. Your first ethical duty is to yourself and your family: why take on yourself a duty that does not exist and run the risk of being dragged into all sorts of legally and professionally messy situations? There is no obligation on you to act other than your own personal outlook. Step back and ask if that serves you and yours best into the future.

I’ll add that Ireland is a very small country and an anonymous thread on a fintech will probably already have been read by some of those you believe ought to know more. Duty all ended OP.

Lenar3556 · 06-06-2022 11:20pm

https://www.boards.ie/discussion/comment/119166502#Comment_119166502

In many instances, someone acting as you propose does so not out of any moral duty, but out of malice, spite or to settle a score and in doing so can bring considerable trouble on themselves.

My advice would be to tread very carefully, and critically asess the basis on which you plan to defame the individual involved.

If you still feel obliged to act, I would suggest approaching the Garda rather than the employer.

CH3OH · 06-06-2022 11:34pm

You should simply mind your own business and certainly not spread what are at the moment unproven allegations

07-06-2022 7:45am

https://www.boards.ie/discussion/comment/119167477#Comment_119167477

Yes, then sit back in the warm glow of satisfaction when the reports of fraud at the new employer come out.

08-06-2022 8:40am

You’ve reported this to your previous employer. If you feel you haven’t been listened to then there’s nothing stopping you going to the Gardai. after that leave the sleuthing to those with the skills to carry out such work.

08-06-2022 8:49am

https://www.boards.ie/discussion/comment/119157619#Comment_119157619

Did this person "leave" their old job after their fraud, or were they fired? I presume the old company knew about the fraud?

I used to work in banking and in my years there witnessed 2 large fraudulent situations committed by staff I knew and worked side by side with every single day. Some of us were even called in for questioning too as we had handled documents and huge amounts of cash alongside these staff members .

The sense of betrayal and hurt was huge as we considered them friends and we were almost implicated ourselves by just working with them. They were both fired. I doubt they would have got jobs again in anything to do with finance but who knows? I would have felt very aggrieved to see them heading off to new jobs handling cash and accounts.

This type of behaviour is never a once off, it seems to be addictive. So YES I would be very concerned about this new company who is about to take on a fraudster! I am not sure what to advise you to do ...... maybe an anonymous letter would be my route.

NUTLEY BOY · 08-06-2022 12:36pm

Not legal advice - just a view on the issue(s) arising.

It is one thing to have possession of what appears to be incriminating evidence. However, there can be a world of difference between possession of such evidence and it's actual admissability especially if there are any uncertainties about the legality of the method of collection.

If OP feels any potential personal vulnerability by implication or likewise going to the Gardai might change their status from that of a witness to that of a suspect. OP might end up wondering why an honest and honourable attempt to bring this to proper attention rebounds as it could. BTW the experiences of some "whistle-blowers" here and abroad has not always been good.

IMHO OP should consult a good and experienced criminal lawyer to take advice on their rights as well as their obligations so that they may be properly informed and protected especially if they may have to deal with the Gardai.

barryt1975 · 08-06-2022 4:47pm

https://www.boards.ie/discussion/comment/119172624#Comment_119172624

i don’t actually know if they(my old boss) resigned or were fired, I suspect that the owners put it to them, resign or we will fire you. Subsequently I have found out that the owners of old company were involved in this fraud, I was whistleblower to owners on fraud and when I pushed owners to come clean on everything, I was told they did but I still pushed them as I didn’t believe them, I was made redundant. I have exhausted WRC on redundancy, so this is about preventing possible fraud in other companies.

thanks all for your input it is greatly appreciated

barryt1975 · 08-06-2022 4:49pm

https://www.boards.ie/discussion/comment/119172624#Comment_119172624

This explains my situation perfectly, I believe an anonymous letter to new company is what I’ll do, please share any other advice please, it’s appreciated

Slutmonkey57b · 08-06-2022 11:14pm

https://www.boards.ie/discussion/comment/119174930#Comment_119174930

You are going to come off as a disgruntled ex employee with a grudge. If you do still have evidence, the only place you can give it is to the police. Even then it's something you stole/kept from a former employer.

Strumms · 08-06-2022 11:19pm

I would not tell the other company.

you have contract with a current employer that I imagine precludes you from sharing anything with a competitor.

you could lose your job.

you could always tell your current employer where x is now working and leave it up to them.

GerardKeating · 09-06-2022 11:42am

https://www.boards.ie/discussion/2058248764/should-i-tell-a-company-my-former-colleagues-committed-fraud

If i were you, i would be more interested in the laws about defamation, even if you are 100% accurate and correct, you could be sued for defamation. And sending an "anonymous letter" is no protectio against defamation.

If after weighing the risks of a defamation case, you still feel the need to inform, you mention the owners of the company were involved in the fraud, so who was the fraud against, the company, government or another party?

POBox19 · 09-06-2022 11:56am

You claim to have proof of the fraud carried out by the former employee and that the old company have informed the Gardai. In that situation I'd suggest that you present your evidence to the Gardai investigating the alleged fraud. A person is innocent until proven guilty in a court of law and making your unproven allegation to the new company employing this person could leave you open to some serious legal trouble.