When a long-time client presents a matter in which he or she is the victim of, or witness to, a crime, such as if an employee has stolen money, a forgery is discovered, or computers or data have been hacked or taken, the question of whether or not to take the matter to law enforcement—to “pitch” the case—can pose a dilemma.
Pitch? Don’t Pitch?
The first issue to address is whether to bring the case to law enforcement at all. This is, surprisingly, a complex issue. Under New York law, there is, in general, no obligation to report crimes. It is optional. There are significant exceptions to the general rule. Some professions have reporting requirements for certain types of crimes—medical, schools and child care among them. Some regulated industries have reporting requirements, e.g., the securities industry. The threshold question is not, should the case be brought to law enforcement, but must the case be brought to law enforcement.
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