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Where do I stand legally, am I commiting fraud or is it my company?
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I'll just give you the necessary details.

Basically I work in a finance company who borrows money to businesses, due to the nature of the finance (not your typical business loans) the underwriters of the company sometimes request card processing figures to make a decision to borrow the customer money or not. They request these figures from the sales department who are the ones who speak to the customers and are supposed to ask the merchant for their login details to get these figures but they never do, so instead they refer them to my department to get them.

Here's where the issue lies and I don't know if I am committing fraud or not and I am scared to death that I will be guilty and not the sales director who has said I have to do it.

The way that I have been told to get these figures is by contacting the card processors (FDMS, Worldpay, Elavon etc.) and act as if I am the customer, using the customers details that they have given to us (including account numbers, sort code, name, merchant ID number, business name and business address) and get the figures.

If whatever body responsible for monitoring this kind of thing comes in and does an inspection and sees I am doing this, would I be held liable and convitcted of fraud (or whatever other law this is breaking) or would it be the company responsible for tellin me to do this?

Additionally, if I got a signed agreement from the sales director saying he is to be held liable if an inspection got done and not myself. Would this agreement stand up in a court of law or would I still be held responsible?

I really appreciate any advice. Thank you

Edit: it may also be worth mentioning that 4 other departments and 2 members of my team have refused to do this process due to the uncertainty surrounding it.

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7 years ago