Legal issues

Tax

Judge Allows Tax Shelter Suit Against Law Firm to Proceed

A federal judge has allowed an aggrieved tax shelter client to pursue a fraud lawsuit against Deutsche Bank AG and the law firm of Sidley Austin Brown & Wood.While the courts have thrown out similar suits against Sidley Austin and others, U.S. District Court Judge Shira A. Scheindlin has ruled that a Virginia telecommunications executive can pursue his lawsuit, although not in New York, the Wall Street Journal reported. Scheindlin said the allegations of malpractice, breach of contract and breach of fiduciary duty could be refiled in Virginia.
Tax

Former CEO Gets 9 Years in Prison, $3.5M Fine

A federal judge has ordered a former chief executive to pay $3.5 million and serve more than nine years in prison for his part in a scheme that plunged his company into bankruptcy in 2001. The former executive of National Environmental Services Co. (Nesco), Eddy Lynn Patterson, was convicted in December on 22 counts of conspiracy, fraud, tax evasion and making false statements on loan documents, the Associated Press reported. His September 1 sentencing called for a federal prison term of nine year and two months.
Tax

Court Orders Hearing on IRS Whistle-blower Case

The Ninth Circuit Court of Appeals has given whistle-blower status to a former IRS chief tax collector who contends that he was demoted for speaking out about wealthy California taxpayers getting preferential treatment.Peter W. Coons, the former collection chief in Northern California, was demoted in 1999 after he complained that his supervisors told him to play favorites with several prominent taxpayers facing collection actions, the San Francisco Chronicle reported.
A&A

Former Invesco Executives Settle Market Timing Abuses

The Securities and Exchange Commission (SEC) announced this week settled enforcement actions against Timothy J. Miller, the former chief investment officer and a portfolio manager for Invesco Funds Group, Inc. (IFG); Thomas A. Kolbe, the former national sales manager of IFG; and Michael D. Legoski, a former assistant vice president in IFG's sales department. The Commission issued orders alleging that Miller, Kolbe and Legoski violated federal securities laws by facilitating widespread market timing trading in certain Invesco funds in contravention of those funds' public disclosures.
Tax

SEC Supports Extension on Statute of Limitations on Fraud Cases

The Securities and Exchange Commission has asked a U.S. federal appeals court to allow investors to sue companies for fraud even if the alleged violation took place after the statute of limitations had expired. Investors have been allowed to file lawsuits within one year of discovering fraudulent behavior and three years after the violation occurred. The Sarbanes-Oxley Act of 2002 changed those time limits to two years and five years, respectively. However, investors who have recently alleged fraud have done so even though the three-year limit had expired.
Community News

AFC Enterprises Takes Arthur Andersen to Court

AFC Enterprises wants its former accounting firm, Arthur Andersen, to pay back the fees it received from the fast-food chain from 2000 to 2002 and to cover the cost of professional fees it took to get its books back in order."We relied on Arthur Andersen to tell us if we had violated any generally accepted accounting procedures and standards, and they did not do that," said Neal Pope, whose law firm represents AFC.According to the Associated Press, the suit, which alleges malpractice and breach of contract, seeks unspecified monetary damages from Andersen.
A&A

Judge Tells Freddie Mac to Stop Withholding $60M in Ex-CEO's Pay

The former chief executive of mortgage giant Freddie Mac will receive about $60 million in compensation that was withheld by the company on orders from its regulator.A federal judge ruled Monday that the Office of Federal Housing Enterprise Oversight lacks the legal authority to freeze the assets of Leland Brendsel, who was ousted during last year's accounting scandal. The regulator told Freddie Mac to stop all pay and benefits for Brendsel while it was pursuing a civil lawsuit against him, the Wall Street Journal reported.U.S. District Court Judge Richard J.
Community News

Investigators Tell Story of Ex-CEO's Looting of Hollinger Millions

Conrad Black, the former CEO of Hollinger International, boldly and methodically abused his power to pocket millions of dollars that should have gone to the company, an internal investigation revealed.Three outside Hollinger directors prepared the dramatic, 500-page report, filed with the Securities and Exchange Commission on Tuesday.
Tax

Judge Fines Investment Fund for Avoiding Taxes

In a decision that observers are calling a significant victory in the fight against abusive tax shelters, a federal judge has ruled that Long Term Capital Management used bogus transactions to avoid $40 million in taxes.Long Term Capital Management, the now-defunct investment firm that received a $3.6 billion bailout, wrongly claimed about $106 million in tax deductions in 1997, Judge Janet Bond Arterton of U.S. District Court in Connecticut ruled Friday.The Internal Revenue Service was correct to reject the deductions, the judge ruled, because they had no real economic value.
Tax

Inmate Accused of Filing Bogus Tax Returns in $73,000 Scam

Using a copy machine and correction fluid, an inmate at Missouri Eastern Correctional Center created 66 false tax returns that cost taxpayers more than $73,000, a federal indictment says.AdvertisementAccounting Department Policy Groups Offered By PolicySoftOver 200 accounting department
Practice Management

Tips for Loss Prevention Policies; Employee Theft Solutions

by Stuart R. Buttrick, Baker & Daniels. It goes without saying that all employers are concerned about employee theft. As a result, employers are constantly looking for tools to prevent their, or their employees', property from becoming the victim of "sticky fingers." One of the most common practices used by employers to combat workplace theft is to search employees' personal belongings. However, as will be discussed below, there are a host of legal considerations that employers must take into account before it embarks on employee searches.
Tax

Crackdown on Internet Fraud Slams Spammers

Federal and state law enforcement agencies have teamed together in recent weeks to arrest or charge dozens of people with crimes related to online scams, the New York Times reported.Since Congress passed a law last year that calls for fines and prison sentences for those convicted of sending fake e-mails, efforts have multiplied to fight spammers. Some Internet abusers send millions of junk e-mail messages; others commit identity theft; some perpetrate credit card fraud and other financial crimes.
Practice

CPAs are Called Upon to Self-Report on Quality Control Issues

Certified public accountants are being asked to report on their own firms' quality control procedures as well as their clients'. New model rules issued by the National Association of State Boards of Accountancy (NASBA), would have licensed public accounting firms submitting to their state licensing boards adverse quality control reviews of their operations, as well as having individual CPAs notify the licensing boards of civil charges brought against them involving fraud, violation of standards of practice or misappropriation of funds.
Tax

Sex Addiction Drives Florida CPA to 'Moral and Ethical Bankruptcy'

Small businesses, elderly investors, a church group and the Palm Beach County Police Benevolent Association were among the victims of a scheme that paid for the sex addiction of a Broward County certified public accountant, the Sun-Sentinal reported.Thomas E. Sewell was sentenced Monday in Fort Lauderdale by U.S.
Tax

Former IRS Lawyers Suspended For Tax Shelter Case

The bar associations in Oregon and Arkansas have suspended the law licenses of two former Internal Revenue Service lawyers for two years, the New York Times reported.The state organizations' actions come after a federal court ruled last year that the two defrauded the courts to help the IRS prevail in 1,300 tax shelter cases, many of them involving airline pilots, the Times reported.Oregon suspended the license of W. Kenneth McWade and Arkansas suspended the license William A. Simms. In addition, the U.S.
Community News

SEC Bans Former HealthSouth Exec From Practicing Accounting

The Securities and Exchange Commission has banned a former HealthSouth executive from working as an accountant at a public company.The SEC's Monday action against Kenneth K. Livesay, assistant comptroller at HealthSouth from 1989 to 1999, comes as Livesay faces accusations of ordering employees to record false assets for the Birmingham-based company, the Washington Post reported.Livesay accepted the ban without admitting or denying wrongdoing, the SEC said.
Tax

Janus Finalizes $226M Settlement on Fraud Charges

The Securities and Exchange Commission (SEC) announced on Wednesday a settled enforcement action against Janus Capital Management LLC (JCM), for entering into undisclosed market timing agreements with certain investors. The Commission ordered JCM to pay disgorgement of $50 million and civil penalties of $50 million, for a total payment of $100 million. JCM also consented to a cease-and-desist order and a censure, and agreed to undertake certain compliance and mutual-fund governance reforms.Stephen M.
Community News

Parmalat Seeks $10 Billion from Ex-Auditors

Failed dairy giant Parmalat continued efforts to save itself Wednesday by filing suit against its former auditors for more than $10 billion.According to the Wall Street Journal, bankruptcy administrator Enrico Bondi is working to recover sizable damages for creditors, swap creditors' debt for equity and create a “pared-down, cleaned-up, newly listed Parmalat.”Wednesday's suit was filed against Deloitte & Touche Tohmatsu International and Grant Thornton International in Circuit Court of Cook County, Ill.
Community News

Professional Fees in WorldCom Case Top $600 Million

The biggest bankruptcy case in U.S. history has piled up the biggest-ever bill for professional fees - $613 million.Consultants, lawyers and other advisers who guided MCI Inc. through its bankruptcy proceedings are asking the U.S. Bankruptcy Court in New York to approve the fees. More than half the $613 million will go to KPMG LLP, Deloitte & Touche LLP and Deloitte Consulting LLP, who are seeking $173 million, $142 million and $32 million, respectively.U.S. Bankruptcy Judge Arthur J. Gonzalez, however, has the discretion to reduce the fees, Bloomberg reported.
Tax

Large Databases Can Mean Big-Time Fraud

Storing massive amounts of credit card information in one place proved to be a costly mistake for BJ's Wholesale Club Inc. earlier this year.Thousands of credit card numbers were stolen in what may have been the biggest retail fraud of its kind. Secret Service agents say the suspects arrested in the case may be connected to an international identity theft ring."There are some pretty heavy losses out there," Greg Smith, president of the Pennsylvania State Employees Credit Union, told the Associated Press.

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