Employment Fraud | Application Fraud

Application Deception Through Misrepresentation of Facts and Forgery of Documents

Does a job posting require very good Adobe Dreamweaver skills? Must you have at least B2-level English proficiency according to the Common European Framework to be considered for a listed position? Or are you not allowed to have any prior convictions in order to be employed? For most job applicants, exclusion criteria are in fact exclusion criteria; for other interested parties, they are more like small, surmountable hurdles.

 

In their investigations into application fraud, our private detectives from Düsseldorf have already seen a great deal: non-existent “many years of experience with Photoshop and Illustrator” are nevertheless added to resumes, certificates of language proficiency are quickly forged on a computer, or prior convictions are deceitfully concealed. What many offenders consider to be a harmless cosmetic correction actually fulfills the criminal offenses of forgery and employment fraud, which is a special case of fraud within the meaning of Section 263 of the German Criminal Code. In employment fraud, the direct financial loss lies in the fact that the quality of the promised work performance does not correspond to the agreed wage or salary payment. In addition, consequential damage due to improperly performed work is not uncommon.

Damage Proof Mandatory for Criminal Measures

If someone obtains employment by dishonestly pretending to have qualifications and training they do not actually possess, they deceive the employer in order to unlawfully obtain a financial advantage and are therefore guilty of fraud. In such a case, there can of course no longer be any question of the trust relationship generally required in employment relationships. Especially in sensitive areas of responsibility or industries (such as the detective business), continued employment would under these circumstances be unreasonable. It must be distinguished whether, despite the lack of the stated experience, satisfactory work is being delivered or not. If that is the case, it is up to the employer to decide whether to overlook the application deception or to terminate the employment contract and pursue the employee under criminal and civil law.

 

A punishable employment fraud usually requires damage to have occurred: the quality of the services rendered does not match a realistic expectation based on the alleged qualifications and experience. This also includes obtaining higher wage rates by falsely claiming a higher level of education. The accused can be convicted if they would not have been hired with their actual education, or only at a significantly lower salary. For example, an employer would incur direct damage if they paid a higher wage on the basis of a falsely claimed master’s degree instead of the actual bachelor’s degree. The offense of fraud would be fulfilled and the employer would have the right to immediate dismissal, to file a criminal complaint, and to bring a claim for damages. In exceptional cases (see below), however, the court will require proof that the damage actually resulted from the delinquent behavior of the employment fraudster—if you need help proving this, our commercial detectives in Düsseldorf are at your service: +49 211 9874 011-0.

Information Falsified, Yet Performance Still Fine – Courts Do Not Always Convict

In 2010, the Higher Regional Court (OLG) of Düsseldorf acquitted a defendant who had presented forged references and an old police clearance certificate to her employer and thereby concealed prior convictions for aggravated assault, which is why she was allowed to continue working as a caregiver (decision of 18.11.2010: case no. III-3 RVs 145/10). The reasoning was that the defendant had delivered satisfactory and proper work performance in accordance with the employment contract and therefore had caused no damage to the employer.

 

The situation would be different, however, if, for example, language skills were falsely claimed that were decisive for hiring and had to be used in daily work. If the newly hired employee responsible for customer service in France is not even capable of writing reasonably error-free emails and letters in French, but instead clumsily produces embarrassing and reputation-damaging texts using online translation programs, then they are not suited to perform their duties. In such a case, the employer suffers at least through paying wages for work that was not delivered as expected, which can be enforced in court and lead to a conviction. Furthermore, in the example above, it must be assumed that French customers and prospects will not conclude a purchase, service, or work contract with a company they cannot even communicate with properly. If a corresponding suspicion arises in your company against an employee, our detective agency from Düsseldorf will be happy to review their application documents and provide court-admissible evidence of any false statements: info@aaden-detektive-duesseldorf.de.

Special Case: Obtaining a Civil Servant Position by Deception

Unlike private-sector employment, obtaining a civil servant position through false application statements or forgery does not offer any prospect of acquittal—no matter how high the quality of work may be. The legislator assumes a financial risk or loss as a matter of principle: “If the offender conceals circumstances that make them appear personally unfit or unreliable for public service, the hiring authority already suffers an uncompensable disadvantage for that reason alone” (source: Rechtslexikon).

 

But not only for civil servants: even in special positions of trust with correspondingly high pay (usually management positions), no financial loss needs to be proven in order to establish criminal liability. The falsification of medical qualifications can have particularly dramatic effects. A prominent example from recent years is a supposed neurosurgeon who worked at clinics in Magdeburg, Marburg, and Regensburg. Around 200 patients of a Dutch doctor suffered health damage, yet he was later still allowed to practice in Heilbronn (report here). Unfortunately, employment fraudsters and other forms of impostors are sometimes publicly glorified (for example Gert Postel), following the example of real and fictional figures such as Thomas Mann’s Felix Krull or Friedrich Wilhelm Voigt, the “Captain of Köpenick.” The latter was not only honored with a statue in front of the site of the crime for his theft of the city treasury from Köpenick Town Hall, but his coup also entered the German language as the “Köpenickiade” and has been adapted artistically numerous times (stage plays, including those by Carl Zuckmayer, as well as many film adaptations, radio plays, and more).

Court-Admissible Verification of Suspicious Information by a Düsseldorf Private Detective Agency

If you find yourself in one of the situations described or in a similar situation and suspect that one of your employees provided false information in their application about their background, skills, and/or education, then contact the expert investigators of Aaden Commercial Detective Agency Düsseldorf without obligation. With our background checks, we can determine whether the suspicious employee has prior convictions, debts, points in Flensburg (for example relevant for commercial drivers), and more that were concealed during the job interview. In addition, our detectives in Düsseldorf verify information about allegedly attended universities or universities of applied sciences, certificates and purported training courses, previous employment, and much more in order to either confirm or dispel your suspicion.

 

All evidence we collect and provide is admissible in court. You can reach us for information and assignments during business hours (Monday to Friday, 8:00 a.m. to 7:00 p.m.) at the following number: +49 211 9874 011-0.

Aaden Detectives Düsseldorf

Münsterstraße 306

D-40470 Düsseldorf

Tel.: +49 211 9874 011-0

Fax: +49 211 9874 011-9

E-Mail: info@aaden-detektive-duesseldorf.de

Web: https://aaden-detektive-duesseldorf.de/en

 

CEO: Maya Grünschloß, PhD

Register Court: Amtsgericht Köln

Registration Number: HRB 83824