Report hospice backdating documents

23-Jul-2015 01:13 by 2 Comments

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Misrepresentation versus memorialization Whether backdating a document is appropriate depends on the backdating’s “purpose and effect.” Backdating to perpetrate a fraud is obviously unethical and illegal.

Under most circumstances, backdating is seen as fraudulent and illegal, although there are some situations in which backdating can be used in a legal and beneficial way, such as backdating a claim for a past period.Yet, for the business lawyer, backdating documents is often not only permissible, but is a regular and necessary part of everyday practice.The challenge for the business lawyer is determining when backdating is legitimate and when it is not.Attorneys who inappropriately backdate documents can face ethical sanctions, lawsuits and even criminal prosecution.Unfortunately, it is sometimes difficult to determine whether backdating misrepresents or memorializes.The practice is of dubious legality, and its widespread use led the SEC to scrutinize hundreds of companies.

Perhaps the highest profile of these cases was the SEC’s investigation of Apple Inc., its former general counsel and its iconic CEO, Steve Jobs.

Each of the above are examples of situations where attorneys may legally backdate documents.

Staying in bounds Staying on the right side of the misrepresentation-memorialization line is critical.

As a matter of contract law, it is not always easy to determine when parties reached an agreement.

An agreement is typically the product of various oral and written negotiations, which often take place over weeks or months.

For example, if parties clearly reach an agreement on Dec.

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