Yes it could be if ever pursued in a criminal context but it hasn’t been to date. Cases like this do get investigated by organisations like the Serious Fraud Office and the SEC/DOJ in the US. A good example is Autonomy which has had a lot of coverage recently https://www.cio.com/article/304397/the-hp-autonomy-lawsuit-timeline-of-an-ma-disaster.html?amp=1So again from a novice perspective arent they therefore alleging fraud and false accounting on our behalf which would be a criminal offence?