As a high-level professional, you may think that you are safe as long as you are not the one executing a fraudulent transaction. But under Michigan law, staying in your lane can be a dangerous legal strategy.
Your liability as a party to the crime
You may think that ignoring a partner’s accounting or an employer’s unethical behavior is a way to protect yourself. In the eyes of the law, the courts may see this as willful blindness. If you deliberately avoid learning the truth about illegal activities, a prosecutor can argue that you have criminal intent.
Elements of a conspiracy crime
In Michigan, the courts define a conspiracy as two or more people agreeing to commit a crime, such as fraud, embezzlement or identity theft. Involved parties can also be guilty if they agree to commit a legal act illegally.
You can face a conspiracy charge without taking a physical step toward the crime. An agreement is enough evidence to prove that the conspiracy is complete. If you are part of the chain of command and knowingly go along with a scheme to remain compliant, you may be liable as an agent of that conspiracy.
Facing the same felony penalties
Under Michigan law, a conspiracy charge often carries the same severe penalties as the underlying crime. For instance, if the judge imposes a 10-year felony for embezzlement, you could face the same sentence for ignoring the illegal act on purpose.
Your professional reputation and freedom are too valuable to leave to chance. If you suspect your quiet compliance has put you in the crosshairs of an investigation, you must act quickly. Seeking legal counsel can offer valuable insights into protecting your career.