Invoice Fraud, Double Invoicing, & Who Is Liable - Owner or Employer? (2024)

Most businesses send and receive invoices on a regular basis, which means they must be careful about the possibility of invoice fraud.

Some dishonest individuals make it a point to take advantage of companies that generally trust the typical invoice. The result is that those companies end up paying more than they should.

If you run a business, you should be aware of what fraudulent invoices might look like and how you can avoid this type of scam.

What Is Invoice Fraud?

Invoice fraud occurs when someone purposely invoices for more than the correct amount, causing companies to overpay or even pay someone who never offered them goods or services in the first place. Invoice fraud takes many forms, including the following.

False Invoices

A false invoice tries to charge a company for goods and services it never received, which means the company could be needlessly paying a scammer hundreds or thousands of dollars.

How to Identify Fake Invoices?

Invoice Fraud, Double Invoicing, & Who Is Liable - Owner or Employer? (1)
One sign an invoice is fake is that there are no documents that support the receipt of goods or services, meaning there is no purchase order or receiving report available. In some cases, it’s clear the products or services were never received since they cannot be located.

Inflated Invoices

Another type of fraudulent invoice is an inflated document. This typically means the prices or amounts are higher than agreed upon sums. Supporting paperwork, such as the purchase order, might make it clear that the company ordered or offered to pay a particular amount. And yet the invoice charges more, suggesting invoice fraud.

Duplicate Invoices

Another type of fake invoice scam is when a company is asked to pay for duplicate invoices, even when it only received a product or service once.

What Is Double Invoicing?

A simple sign of a duplicate invoice is getting more than one invoice for the same goods or services. The invoices might even have the same date, purchase order number and invoice number, making it clear the invoice was also received at least once. Also, the company might see evidence that it made multiple payments on the same invoice, and yet the person who sent the invoice is demanding to be paid again.

If you have questions about invoice fraud, you can contact Seth Kretzer, a criminal defense attorney in Houston who has experience handling fraud cases of all kinds.

Is an Invoice a Legal Document?

The simple act of making and sending an invoice does not result in a legally binding agreement. If that were the case, anyone could send someone else an invoice and demand payment. On the contrary, an invoice is only a legal document once both sides agree to the content within.

Is It legal to Change an Invoice?

Invoice Fraud, Double Invoicing, & Who Is Liable - Owner or Employer? (2)
It’s not legal to change an agreed upon invoice unless it’s to correct a mistake. To protect yourself, contact and collaborate with the other party before either party makes any changes to the invoice.

If you think someone illegally changed an invoice or you’re being accused of doing so, contactwhite collar crimes lawyer in Houston, Seth Kretzer today for legal guidance.

Invoice Fraud – Who Is Liable?

In general, the person who commits invoice fraud is liable for his or her actions. If someone ordered a fraudulent invoice act, that person would face legal repercussions if caught. However, companies are expected to do their due diligence in ensuring their employees are not sending fraudulent invoices on their behalf. Otherwise, the company risks legal consequences.

If you need more information about the laws regarding falsifying invoices, please contact The Law Offices of Seth Kretzer today for a consultation.

Invoice Fraud, Double Invoicing, & Who Is Liable - Owner or Employer? (2024)

FAQs

Invoice Fraud, Double Invoicing, & Who Is Liable - Owner or Employer? ›

Generally, the person who commits invoice fraud is liable for his or her actions. However, if someone else ordered the fraudulent invoicing, that person may also be held criminally liable. In addition, due diligence is expected from companies.

Is double invoicing illegal? ›

“False invoices” refer to invoices for goods or services not rendered. “Duplicate invoices” are fraudulent if issued knowingly with the intent to defraud.

Who is the person responsible for invoice? ›

A Billing Clerk is a professional who is in charge of creating invoices and credit memos, updating customer files, and sending out payment reminders to customers.

Is falsifying an invoice a crime? ›

To penalize the creation of false invoices, every country's regulations creates its own penalties. In general, fraudulent invoicing is considered a serious crime that can lead to civil and criminal penalties, including financial fines, imprisonment, confiscation of assets, and the loss of business licenses.

Who is responsible for invoicing customers? ›

In most companies, the accounting or finance department is responsible for handling invoices. This involves creating invoices, sending them to customers, and ensuring that payments are received in a timely manner.

What to do if someone pays an invoice twice? ›

Overpaying a vendor or paying the same bill twice can result in a credit balance on the vendor's account, which needs to be corrected in order to maintain accurate accounting records. You should immediately contact the vendor and request a refund or credit memo for the overpayment.

Is it illegal for a company to double charge you? ›

Law. In law, double billing refers to charging an hourly rate to two clients for the same time spent working. The American Bar Association prohibits double billing. It is tantamount to overcharging, since the amount of time actually spent working on any one client's work is less than the amount billed to that client.

Who owns the invoice? ›

What Is Invoice Financing?
Invoice FinancingInvoice Factoring
Invoice ownershipBusiness that creates the invoice continues to own it.Factoring company that buys the invoice becomes its owner.
Invoice collectionUsually handled by the business that created it.Usually handled by the factoring company.
1 more row
Jun 1, 2022

Which department is responsible for invoicing? ›

A Quick Overview of Accounts Payable

The accounts payable department is responsible for invoice processing, including invoice payment processing.

Who is responsible for issuing an invoice? ›

An invoice is a document given to a buyer by a seller to collect payment. Invoices include the cost of products or services rendered, the associated cost, the due date to receive payment, and any other pertinent payment details, such as available payment methods.

Does an invoice satisfy the Statute of Frauds? ›

In order to satisfy a statute of frauds, a person must have written evidence that proves that an oral contract was made. The written memorandum can be just about anything. It can be an order form, an invoice, a receipt, or even a co*cktail napkin with written notes.

Will an invoice hold up in court? ›

No, an invoice will not usually hold up in court. An invoice is simply a request for payment, but it's not a legal document and therefore not legally binding. You may be able to legally enforce an invoice if you also have a valid contract.

Who is liable for redirecting an invoice? ›

The person who commits invoice fraud is liable for their actions. The supplier has a duty to the customer to ensure that they were not the victim of fraudulent emails. In an invoice scam, the customer is typically liable for the intercepted payment.

Who is responsible for billing and invoice? ›

A: Billing Clerks are responsible for preparing invoices, processing payments, and maintaining accurate financial records. They ensure timely and accurate billing to clients or customers.

Who is in charge of invoicing? ›

An Invoice Clerk, or Billing Clerk, works in a company's accounting department, handling incoming and outgoing invoices. Their main duties include creating invoices for clients, ensuring all invoices are accurate, and resolving billing errors.

Are invoices legally binding? ›

An invoice is not a legally binding agreement—but it does serve as a record of a transaction. It's evidence a product was delivered or a service was rendered and an amount is due in return.

Can you be invoiced twice? ›

Double invoicing, or duplicate invoicing, occurs when a business sends duplicate invoices to a customer — i.e., two invoices for the same goods or services provided. Sometimes, the invoices have the same purchase order number, date, and invoice number, making it clear that they were received at least once before.

Is double billing unethical? ›

Double billing is usually the result of an honest mistake. When it's done intentionally the practice is considered unethical. Poor billing practices often lead to double billing, such as bad habits around documenting time.

What are the consequences of wrong invoicing? ›

Getting it wrong means disrupting your cash flow and the smooth functioning of your business. However, beyond serving as a tool to get paid, a well-organized invoicing mechanism can strengthen brand identity, gain customer trust, and even ensure long-term recurring patronage.

What is considered double billing? ›

In the legal realm, double billing occurs when an attorney invoices two or more clients at their full rate for work performed during the same time frame. Essentially, it involves charging clients for more hours than were genuinely worked.

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