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Offense

Payroll Fraud

Fraud, Deception and Corruption Offenses

An occupational fraud, generally committed by an employee, manager or company insider with access to a payroll system, that diverts an employer's funds through the payroll process itself, commonly by adding a fictitious or ghost employee to the payroll and directing their pay to an account the perpetrator controls, inflating hours or a pay rate above what was authorized, or continuing to pay a former employee after termination. The Association of Certified Fraud Examiners classifies payroll fraud as one of the more common categories of occupational fraud in its recurring Report to the Nations, and notes that a payroll scheme often runs undetected for a comparatively long period because it can be structured to generate a series of individually modest, recurring payments rather than a single large theft. Payroll fraud is distinct from wage theft, in which an employer, rather than an employee or insider, unlawfully withholds wages properly owed to a worker; payroll fraud runs in the opposite direction, from employer to a dishonest insider.

Facts
Classification Code
US federal law criminalizes embezzlement or theft from an employee welfare or pension benefit plan under 18 U.S.C. 664 1
Typical Penalty
A violation of 18 U.S.C. 664 is punishable by a fine and up to five years imprisonment 1
Elements of Offense
Embezzlement-type payroll fraud generally requires the fraudulent conversion of another person's property by someone who already has lawful possession of it 2
Notable Example
The Los Angeles Clippers salary cap scandal involved a paid no-show job for NBA star Kawhi Leonard, an arrangement described as a form of payroll fraud in the corporate world 3
Jurisdiction Variation
England and Wales abolished the distinct offense of embezzlement, replacing it with the general offense of theft under the Theft Act 1968, unlike the United States where distinct embezzlement statutes remain in force 2
Classification
Offense Grade
Serious or Indictable Offense 1
Connections

Has Offense Grade

Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.

In the Other Atlases
Sources
1. 18 U.S. Code Section 664 (Cornell Law School Legal Information Institute)
  • offense definition clause
    Any person who embezzles, steals, or unlawfully and willfully abstracts or converts to his own use or to the use of another, any of the moneys, funds, securities, premiums, credits, property, or other assets of any employee welfare benefit plan or employee pension benefit plan
  • penalty clause
    shall be fined under this title, or imprisoned not more than five years, or both.
View the Source
2. Embezzlement, Wikipedia
  • Typical elements section
    Fraudulent conversion of the property of another person by the person who has lawful possession of the property
  • England and Wales section
    The former offences of embezzlement are replaced by the new offence of theft, contrary to section 1 of the Theft Act 1968.
View the Source
3. Ghost employee, Wikipedia
No-show job, notable case section
Quote, No-show job, notable case section
The Los Angeles Clippers salary cap scandal involved a paid 'no-show' job for NBA star Kawhi Leonard, paying him an additional $28 million for no work.
View the Source
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