Legal issues

Tax

High Court Overturns Andersen Conviction

Calling jury instructions too vague, the U.S. Supreme Court unanimously overturned the 2002 obstruction of justice conviction of the once-mighty Arthur Andersen LLP.The accounting firm, which shredded documents connected to the fallen Enron Corp., was convicted after jurors were told that Andersen could be found guilty even if they determined that the accounting firm "honestly and sincerely believed that its conduct was lawful,” the New York Times reported.
Community News

No Settlement for H&R Block

U.S. District Court Judge Elaine Bucklo rejected the proposal to settle a class-action lawsuit brought against H&R Block’s tax-refund loan program on Wednesday, May 25, 2005. The proposed $360 million settlement covering more than 28 million customers and 55 million transactions, was the second settlement proposal blocked by Judge Bucklo, according to the Associated Press.
Tax

Suit Alleges PWC Missed 'Key Warning Signs' at AIG

The decades-long relationship between PricewaterhouseCoopers (PWC) and American International Group (AIG) is being scrutinized as regulators allege the accounting firm overlooked problems and issued false audit reports.Advertisement

PCAOB Takes First Disciplinary Action

In its first disciplinary action, the Public Company Accounting Oversight Board (PCAOB) on Tuesday revoked the registration of a public accounting firm, barred the managing partner of the firm from association with any registered accounting firm and censured two former partners of the firm. New York accounting firm Goldstein and Morris CPAs, P.C. was notified in September 2004 that the firm would be inspected by the PCAOB in November 2004. The Board found that after managing partner Edward B. Morris and two partners Alan J. Goldberger and William A.
Tax

Florida Seeking Answers from AIG

Florida's insurance regulator has ordered American International Group Inc. to disclose information about financial misrepresentations and fire those responsible.If AIG does not comply, it faces the possibility of being barred from doing business in the state.The Office of Insurance Regulation ordered AIG, and its 43 units operating in Florida, to hand over information on the nature and extent of misrepresentations on the company's financial statements, Reuters reported.
Community News

High Court Refuses to Review Car Magnate Lawsuit

A 13-year-old lawsuit by car dealership magnate Bruton Smith has been brought to a close by the U.S. Supreme Court, which affirmed a lower court ruling that Smith had no standing to sue the federal government over losing millions in the 1990 failure of North Carolina Federal Savings and Loan.Smith, who is CEO of Speedway Motorsports Inc., which owns six NASCAR tracks, was seeking $28 million in damages and $3 million in restitution, the Associated Press reported. Smith lost his 49.9 percent investment in NCF Financial Corp., a holding company for N.C. Federal, which collapsed. N.C.
Tax

Bragging About Tax Evasion on the Radio is a Bad Idea

Turns out the Internal Revenue Service (IRS) listens to the radio. At least they do in New York. So when K-Rock DJ Crazy Cabbie, otherwise known as Lee Mroszak, bragged to listeners on the Howard Stern show that he beat the government out of more than $100,000 in taxes, he was busted. The IRS checked and, sure enough, Lee Mroszak owed them money. So much money, that he has been sentenced to 12-months in jail for tax evasion. Or maybe that’s for stupidity.
Community News

H&R Block Proposes Settlement to Tax Refund Suit

H&R Block and its banking partner, HSBC Taxpayer Financial Services Inc., have agreed to settle a class-action lawsuit alleging they gouged consumers by offering “tax refund anticipation loans,” with interest rates exceeding 100 percent. The proposed settlement of $360 million, was filed Monday in U.S. District Court in the Northern District of Illinois. U.S. District Judge Elaine E. Bucklo, who rejected a proposed settlement in 2003, must approve the settlement covering more the 55 million transactions made by 28 million customers.
A&A

Impending Bankruptcy Changes Push Up Filings

A major overhaul of the bankruptcy law is prompting more people to file for protection now to avoid going through a more difficult and expensive procedure in the fall.Bankruptcy filings in March jumped nearly 60 percent from February, according to Cardweb.com, which tracks the credit and debit card industries. Attorneys who specialize in bankruptcy law say the increase is directly related to the new law, which takes effect Oct.
Tax

AIG Execs Subject of State, Federal Probe

If the former chief executive is found responsible for accounting irregularities at American International Group Inc., as a Wall Street Journal report suggests, the company could try to recover some of his pay under the Sarbanes-Oxley Act.The Journal reported that former top executive Maurice R. “Hank” Greenberg and former Chief Financial Officer Howard I. Smith may have been behind some of the improper accounting that will eventually result in more than four years of earnings restatements.
Tax

FBI Begins Wider Look at Insurers' Accounting Practices

The Federal Bureau of Investigation is reviewing accounting practices across the insurance industry to determine whether it may become “the next big one,” in terms of corporate scandals, an FBI assistant director told the New York Times.The comments of Chris Swecker, who oversees the FBI's financial crimes unit, came as agents across the country were instructed to look for accounting irregularities similar to ones ensnaring American International Group, which is being investigated by multiple state and federal authorities."I'm not going to say it is the next crisis, but I will say we
A&A

Judge Orders SBA to Comply with FOIA Request

What’s in the final report released last year by the Small Business Administration’s (SBA) Office of Advocacy that they don’t want the public to see? The American Small Business League (ASBL) would like to know, too. They requested a copy of the report under the Freedom of Information Act (FOIA). The SBA denied the request. On April 29, a judge ordered the SBA to turn the report over.The court order was the result of a complaint filed on October 6, 2004 in the U.S. District Court for Northern California by the ASBL.

New Bankruptcy Law Is Good/Bad News for Small Business

Individuals aren’t the only ones likely to find it more difficult to keep creditors at bay under the new bankruptcy law. That is both good news and bad news for small businesses. The good news: the bankruptcy filing process has been streamlined and small business owners will find it easier to collect on debts incurred by individuals and other businesses that have filed for bankruptcy. The bad news: tougher rules apply and it may be harder to reorganize under Chapter 11.President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act on April 20.
Tax

States Probe AIG's Workers' Compensation Contributions

Problems at American International Group (AIG) intensified this week as New York Attorney General Eliot Spitzer announced plans to audit the insurance giant to ensure it has paid its fair share of workers' compensation premiums, the Associated Press reported.Spitzer's announcement came on the heels of news reported Tuesday by The New York Times that AIG has uncovered at least $1 billion more in accounting problems.

Supreme Court Hears Agruments In Andersen Trial

As attorneys for the government and accounting firm Arthur Andersen squared off before the U.S. Supreme Court this week, it is clear that emotions are still running high for those once connected to the venerable Big Five accounting firm.Andersen is appealing it's 2002 conviction for obstruction of justice before the high court.
Community News

High Court Taking on Andersen Conviction Wednesday

The U.S. Supreme Court is set to hear arguments Wednesday on whether Arthur Andersen's obstruction of justice conviction should be overturned because jury instructions were too broad.The question centers on whether U.S. District Court Judge Melinda Harmon gave instructions that were so loose that jurors could convict companies that innocently followed their own document-destruction policies rather than those that intentionally hid information from investigators, the Houston Chronicle reported.The Supreme Court decided earlier this year to take up the case after the 5th U.S.
Technology

Lawmakers Take Up Tough ID Theft Bill

A series of high-profile security breaches has prompted lawmakers to consider requiring companies to notify consumers if their personal information has been lost, stolen or otherwise released.“The fact of the matter is that your buying habits, your bank accounts, your Social Security number, your driver's license - all of your personal data - today is being collected, collated, distributed, bought, sold - without your knowledge or consent,” said Sen. Dianne Feinstein, D-Calif., in a statement.

Scrutinizing Accounting in the Retail Industry

The ever-changing world of vendor accounting is particularly susceptible to abuse. It is no surprise that under the increased scrutiny of the Sarbanes-Oxley era, problems with vendor accounting are affecting the retail industry as demonstrated by a probe by the Securities and Exchange Commission (SEC) into retail giant Saks, Inc.Saks announced in March that the SEC was probing vendor markdown allowances and the adequacy of Saks internal investigation into the matter at one of six merchandising divisions of it Saks Fifth Avenue stores.

Bush Targets State Medicaid Accounting Practice

If the Bush administration has its way, Congress will take steps this year to end an accounting practice in states that some say is tantamount to money laundering.The accounting trick, used by California for instance, will yield the state $2 billion more in federal Medicaid money than it would otherwise receive, the Washington Post reported.The trick goes something like this: cash-strapped California counties, public universities and government hospitals find $1.9 billion to send to the state capitol, under the guise of a local contribution to Medicaid.
Community News

Accountants, Spencer Reed Settle Lawsuit

The lawsuit filed by Spencer Reed Group Inc. accusing accounting firm Grant Thornton LLP of miscalculating the company’s corporate taxes and the personal tax return of the late founder by several thousand dollars has been settled.Jackson County Circuit Court filings do not indicate a settlement amount although the March 26 stipulation for dismissal with prejudice requires Grant Thornton to pay court costs.

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