sachin (GM) 23 November 2015

Can directors be not responsible for fraud done by employees

sir,

IP Address confirms that email was sent from Company Office and confims Address of the same. However, the Investigating Officer is not taking interest in it as he is being managed by the Opposite Party. IO States that since email id thet was used is Yahoo.com and is a private id not company owned, the company is not liable for the same. Also states thet the Directors are not Criminally liable for the Fradulent act of Employee. It is clear that Fraud has happned but IO is defending the Culprit.

Does It simply means that if fraud is done by a company and concrete evidence of sent email can be discarded as it can not tell the name of employee who sent mail and no one will be held responsible for the Crime even if the Location and address is tracked down ( Tracked by IP adress by Cyber Crime expert) as Office Company?

Please help me by guiding further course of action.

Thanks,

Sachin

M: 8802229962

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4 Replies

(Guest)

that email id does not belong to the company but to the employee. the ip address might belong to the company. so how could company be liable for acts done by the owner of email id provided that it had no knowledge of the fraud.

adv.raghavan (Advocate,9444674980) 23 November 2015

Vicarious liability. If IO is ignoring, them u summon them up and cross examine them.

sachin (GM) 26 November 2015

The act has been done on instructions of Directors to earn more brokerage and the employee misrepresent me by sending computer generated account statements by email from office at 7.15 pm that is tracked by ip address. The burden of proof is of company to tell who sent mail. But the evidence is beyound reasonable doubt that the fabricated fradulent statement were sent by that company. Now, i need help in nailing the big Fish (Directors) who are organising this white collar crime hiding behind the employees and managing the show. The police is shelding the big broker.

For example - It seems as if a terrorist sends a threat email to someone from a home and police tracks the address by tracing IPaddress and if a person from house does not admit that who sent mail they will not be able to catch the the one.

IO is not doing its duty else all the culprits should be behind bars. Pls guide me.

T. Kalaiselvan, Advocate (Advocate) 01 December 2015

The IO's report can be objected/protested. You can file a petition for reinvestigation by some other officer on the lines of your observation in the case or can file a petition before the magistrate to take cognisance of the case by deposing evidence along with witness evidences from your side.