Question:
I recently received a notice from the FIA regarding allegations of financial fraud. I was extremely shocked and confused by this, as I have been working remotely with the company solely in the capacity of a video editor. I have never been involved in any financial matters or decisions within the company.
I am currently in possession of the company’s equipment, which I intend to return as soon as my pending salary is released. Unfortunately, I have not received my salary, and shortly thereafter, I received the FIA notice.
The notice requests my appearance in Islamabad for investigation. However, I reside in another city and have never traveled outside my city, which makes it difficult for me to appear in person at this point.
I am very confused and stressed right now. Don’t know what course of action should I take.
Answer:
Given your situation, here’s a breakdown of potential actions and relevant legal considerations under Pakistani law:
- Understanding the Allegations
- Responding to the FIA Notice
- Protecting Your Interests
Here’s a detailed explaination regarding the user query.
- Understanding the Allegations
- Clarify the Nature of Allegations: Ascertain the specific charges against you. Financial fraud can encompass a wide range of activities, and understanding the specifics is crucial.
- Relevant Laws: Financial fraud can fall under several laws, including the Pakistan Penal Code, the Prevention of Electronic Crimes Act, and the Anti-Money Laundering Act.
- Responding to the FIA Notice
- Legal Representation: Engage a lawyer immediately. A legal professional can guide you, represent you, and ensure your rights are protected (SOHAIL AHMAD Versus The STATE and another, Citation: 2022 YLR 2210).
- Written Response: Draft a formal written response to the FIA, explaining your role as a video editor and lack of involvement in financial matters. Include any evidence that supports your claim, such as your employment contract, emails, or project details (ZAFAR IQBAL versus THE STATE, Citation: 1987 P Cr. L J 2331).
- Request for Accommodation: Given your location and inability to travel, request the FIA to conduct the initial investigation in your city or via video conferencing.
- Federal Investigation Agency Act, 1974, Section 5-A states that Assistant Directors (Legal) and the Deputy Directors (Law) of the Agency shall be deemed to be Public Prosecutors and shall be competent to institute and conduct any proceedings in cases sent up for trial by the Agency in the Special Courts constituted under any law and the courts subordinate to the High Court.
- Protecting Your Interests
- Returning Company Equipment: Document the return of the company’s equipment. Keep a record of the items returned, the date, and the person to whom they were handed over. If possible, obtain a signed receipt (Mehrban Ali v. The State, Citation: 2004 SCMR 229).
- Pending Salary: Formally notify your employer, preferably through a lawyer, about your pending salary. State that you expect the salary to be released promptly. Withholding salary can be a labor law violation (SECRETARY AZAD JAMMU AND KASHMIR LEGISLATIVE ASSEMBLY and another Versus Mian MUHAMMAD SHAFIQUE and 2 others, Citation: 2019 PLC (C.S.) 1339).
- Payment of Wages Act: If your salary is delayed or withheld without a valid reason, you can file a claim under the Payment of Wages Act.
Conclusion
In conclusion, given that you have received a notice from the FIA regarding allegations of financial fraud, it is important that you take the above mentioned steps which include clarity of allegations, engaging lawyer, written response and protecting your interests, so that you are on safe side.