I just found out that an online store I made for a small company a year ago sells illegal products (not drugs or anything really serious but still illegal). I really didn't know and couldn't have known at the time of making the website. Now it's too late for me to say anything let alone stop it. If that company gets caught could I be held liable also? What should I do? When making online stores, what could you do to prevent the sale of illegal goods in the future?
I doubt there could happen something to you, so calm down and let them enjoy their business until they eventually get caught ))
I don´t know why, because I am not a lawyer. I am not sure if I could be held accountable at all, that´s why I am asking this question. This must have happened before to someone else. What are the consequences? Anyone knows?
I am a lawyer. They don't hold car makers responsible for when a car is used in a crime, the don't hold homebuilders responsible when a crime committed out of a home, the don't hold cell phone makers responsible when a cell phone is used to commit a crime. I have a hard time understanding why you even think someone would come to you and try to make you responsible for what someone else does with a site you built based on what you have already said: Without knowing the website, the jurisdiction involved, what precisely you did it would be hard for anyone to tell you anything with any certainty but from what you describe you have not done anything remotely wrong.
Your logic makes sense but I do feel somehow involved in this! For example I still keep maintaining the website, because it´s my obligation. Sometimes I have to meet and talk with the owners. It may sound funny but I feel like I am part of crime ring when I sit together with them, because we are discussing ways of promoting products that are fake and illegal. You can imagine it's a bit uncomfortable for me in the least. I know 100% that they are selling replicas while presenting them as real. We are not talking about that specifically but I know. It´s like working for a company that you know is not following the law but you still keep working for it. That's unethical at least. But besides being unethical doesn´t that make you an accomplice under these circumstances? Aren't you obliged under law to say or do something? (If not I really don't want to be a whistle blower! I believe they are eventually going to get caught anyway. I just don't want to be considered as part of this whole thing even though I knew about it.)
If you are continuing to work for them then you are involved. Stop doing it. Not sure why you say it is your "obligation" unless they are still paying you - but even then you can stop. But these new facts change your previous denials of not knowing anything about it. You do know what they are doing and are now continuing to help them. Still you are probably not a party to the crime unless you are sharing in their profits. Since it is a concern to you, you should stop. You can easily decline to continue doing work for them - you are not slave and nobody can make you do anything.
browntwn, thank you for your replies and interest in this thread By "obligation" I mean that we have agreed beforehand that I will deal with any problems and improvements on the website. This kind of work takes place after the website is done and is no more than once per 2 or 3 months. So it's not much but it still is continuous involvement. I am being paid for that particular work, yes but not a whole lot. Of course I can stop doing that but then I will be losing work and money and I will also have to brake that initial agreement and even lie as to why I have to break it. I am definitely not sharing in their profits! I wouldn't be starting this thread if I were. I can't even tell you what their profits are. But that's not something that you or the courts can take my word for I guess. It is probably one of those things that will be investigated in court if god forbid we get to that point. I am not nearly being paid enough to be taking such risks in the first place and I am certainly going to stop working for those particular guys. That's not what mostly bothers me though. The real problem here arises from that this is not the only online store I've programmed and support. I learnt about all this by accident. What if I have designed other stores that are also selling replicas? Should I just stop programming and supporting online stores? Is it just a question of whether I know or not and whether I share in on the profits or not? I wonder how other web programmers and companies handle this issue?
You are obviously not comfortable working on it anymore. That should guide your decision. As for breaking your agreement, I would not worry about that because you are not obligated to help them sell replica or other illegal goods. Nobody is going to come after you for stopping doing that. I doubt anything would come of it and you certainly seem to be removed enough that nothing would ever happen to you. I have no idea where you live, where these sites operate and all of that would be a factor, but basically people tend not to go for the lowest guy on the totem pole when dealing with these types of things. You don't have to go investigating your clients and setting up stores is not a problem unless you know in advance that they plan to sell replicas. In this case where you seem to know they are not selling legit products it would be best for you to stop working for them. You don't need to tell them why and you are under no obligation to keep working on it. And if it happens with some other client in the future that you become aware they are selling replica goods then just tell them you are no longer comfortable working on their site - that should be the end of it.
I have been briefly discussing this with another lawyer and he mentioned something about the RICO Act. I checked it on the internet and under the RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and sentenced to 20 years in prison per racketeering count. Now as an independent contractor am a considered a member of my client's enterprise? Do you think the RICO act makes sense in my case?
I think you need to stop participating in any way in helping people sell illegal goods. If you stop, it can only lessen the likelihood that anything bad could happen. Based on what you have said I think it is unlikely you would be charged with a crime but obviously if you continue you make it more likely.