Tampa Payroll Fraud Lawyer
Payroll fraud is a serious white-collar offense that can lead to harsh criminal penalties, including prison time, fines, and long-term financial consequences. These cases often involve allegations of falsifying employee records, misclassifying workers, or manipulating payment systems to obtain illegal financial gain. If you are under investigation or facing charges, a skilled Tampa payroll fraud lawyer at Scriven Law, P.A. can help you understand your rights, respond effectively to investigators, and build a strong defense to protect your freedom and reputation.
Understanding Payroll Fraud
Payroll fraud occurs when an individual or business intentionally manipulates payroll systems for personal or financial advantage. This type of crime can be charged under both Florida and federal law, depending on the scale and nature of the alleged conduct. Prosecutors often target business owners, managers, accountants, or payroll professionals suspected of diverting company funds or falsifying records to conceal illegal payments.
Because payroll fraud typically involves financial institutions, tax filings, and employment records, these cases often draw attention from multiple agencies such as the Internal Revenue Service (IRS), the Department of Labor (DOL), and the Federal Bureau of Investigation (FBI). A conviction can result in years in prison, restitution, and substantial fines — not to mention permanent damage to your professional standing.
Common Types of Payroll Fraud
Payroll fraud can take many different forms, depending on how a company manages its payment systems. Some of the most common examples include:
- Creating “ghost employees” — fake workers added to the payroll to collect unearned wages
- Misclassifying employees as independent contractors to avoid taxes or benefits
- Altering employee timesheets or overtime records
- Withholding taxes from paychecks but failing to remit them to the IRS
- Issuing duplicate or unauthorized paychecks
- Using false payroll accounts to divert company funds
- Kickback schemes where employees share illicit payments with payroll personnel
Even administrative mistakes can sometimes lead to criminal allegations. That’s why early legal intervention is essential — to review your records, clarify discrepancies, and ensure that an unintentional error doesn’t become a criminal prosecution.
Penalties for Payroll Fraud
Payroll fraud is treated as a financial crime, and penalties vary based on the amount of money involved and whether federal agencies are involved in the prosecution. Possible consequences include:
- Federal or state prison sentences of up to 20 years
- Hefty fines and restitution orders to repay affected parties
- Loss of professional licenses and future employment restrictions
- Tax penalties and civil enforcement actions from the IRS
- Permanent criminal record impacting future business opportunities
In addition to these penalties, payroll fraud cases can trigger parallel civil or administrative proceedings. This means defendants may have to fight on multiple fronts — including court, regulatory hearings, and potential audits — making experienced legal representation even more critical.
Defending Against Payroll Fraud Charges
At Scriven Law, P.A., we know that not every payroll discrepancy constitutes a crime. Many accusations stem from miscommunication, accounting errors, or confusion over complex employment laws. Our firm investigates the evidence in detail and works to expose weaknesses in the prosecution’s case. Common defenses to payroll fraud include:
• Lack of intent to defraud — demonstrating that any mistakes were clerical or accidental
• Good faith reliance on accountants, payroll companies, or software systems
• Insufficient evidence proving that fraudulent payments were deliberate
• Violations of your constitutional rights during the investigation or evidence collection
Our goal is to resolve your case with minimal disruption to your life and business. Whether through negotiation, dismissal, or trial, we fight aggressively to achieve the best possible outcome.
Frequently Asked Questions About Payroll Fraud
Who investigates payroll fraud cases?
Payroll fraud investigations are often handled by the IRS, the Department of Labor, or state agencies. When federal funds or interstate activity are involved, the FBI or U.S. Attorney’s Office may also pursue charges.
Can I be charged if I didn’t personally manage payroll?
Yes. Supervisors, executives, or business owners can still be charged if prosecutors believe they authorized or ignored fraudulent activity. However, lack of knowledge or intent can serve as a strong defense.
Is payroll fraud considered a federal crime?
It can be. If the alleged conduct involves federal tax filings, interstate wire transfers, or federally insured institutions, the case may be prosecuted in federal court and carry much harsher penalties.
Contact a Tampa Payroll Fraud Lawyer Today
Allegations of payroll fraud can threaten your career, finances, and reputation. The experienced legal team at Scriven Law, P.A. provides strategic and aggressive defense for professionals and businesses accused of financial wrongdoing. A dedicated Tampa payroll fraud lawyer will review your case, protect your rights, and fight for the best possible resolution to your situation.
Call 813-226-8522 or visit our contact page to schedule a confidential consultation today. Let Scriven Law, P.A. defend your future and work tirelessly to clear your name.
