Expense and Billing Fraud in Cologne

The relationship between field staff, drivers, external personnel and other company employees and the business is based on trust. The lack of supervision and the relative independence of these professional groups can lead some to shift personal expenses onto the company – for example, repairs to a daughter’s car charged via the company vehicle, trips to visit a grandmother, or a date claimed as a business meal.

 

It becomes even more serious when field staff fail to attend appointments, do no work at all, yet still submit full claims. This constitutes fraud – specifically, billing fraud – a criminal offence and, over time, a significant detriment to the employer. Other employees who become aware of their colleagues’ misconduct often remain silent. The infamous Kölsche Klüngel shows its negative side in this context. However, expense fraud is a violation of labour law and can result in appropriate employment consequences, up to and including immediate dismissal.

 

If you believe you have been a victim of billing fraud, the economic detectives of Kurtz Detective Agency Cologne can assist. We investigate the suspect’s environment and, if necessary, conduct surveillance to provide you with certainty. Kurtz Investigations Cologne looks forward to your call: +49 221 4558 0377.

Fraud Offence Requires Intent

Incorrect expense claims do not automatically constitute the criminal offence of fraud (§ 263 StGB), as intent is a prerequisite. For example, submitting invoices twice is not, in itself, intentional (keyword: negligence); only if this occurs repeatedly over a longer period can deliberate fraud be assumed. Such cases are generally handled through internal company audits. Our Cologne detectives become involved when the accuracy of submitted claims is questioned, particularly if there is suspicion that claimed expenses were not for the paying company but for private purposes or incurred by third parties. Similarly, falsified invoices are a focus of our economic detectives in Cologne.

 

Whether immediate dismissals are justified due to minor or infrequent discrepancies in claims is continually re-evaluated by the courts. There is no definitive legal precedent in this regard, so to avoid high court and legal fees, it is generally preferable in these cases to first apply the milder measures of a formal warning or, if necessary, standard dismissal.