Fooling the Auditors in 7 Easy Steps

Even with all of the publicity surrounding the issue of financial fraud in the last decade or two, most auditors, investors and other professionals still do not “get it” when it comes to detecting fraud. Traditional financial statement audits were never designed to detect fraud. The audit is simply a process by which auditors check the company’s math and application of accounting rules.

Fraud is rarely detected by financial statement audits because they are not designed to do so. Occasionally, fraud is detected by auditors, but they could increase their chances of finding fraud if they changed their audit procedures.

Read moreFooling the Auditors in 7 Easy Steps

Financial Statement Fraud at Public Companies

How prevalent is financial statement fraud in public companies? In this video, Tracy Coenen talks about the most recent COSO report on fraudulent financial reporting at U.S. public companies. The most common financial statement fraud that companies engaged in was improper revenue recognition, followed by the overstatement of asset or the improper capitalization of expenses. … Read more Financial Statement Fraud at Public Companies

Is MLM a Legitimate Business Method?

pyramid-scheme-mlmDefenders of multi-level marketing (MLM) are often heard saying that it’s a legitimate business method! Even government regulators say MLM is legitimate. And it is true that state and federal governments in the United States generally allow multi-level marketing companies to operate with little oversight. This is despite the fact that structurally and operationally, MLMs are nothing more than pyramid schemes.

Oh sure, the MLMs are careful to use lots of window dressing that makes it appear they don’t violate anti-pyramiding laws. There are even lawyers who whore themselves out to tell owners of MLMs how to “stay legal.” And of course, the massive lobbying on behalf of “direct sellers” and multi-level marketing companies ensures that current laws against pyramid schemes will not be enforced, and that no new laws impeding MLMs will be enacted.

Typical positive MLM talking points include:

Read moreIs MLM a Legitimate Business Method?

Why Use a Forensic Accountant in a Divorce Case?

divorce financial analysisOne of the hot new things in the area of divorce, especially for high net worth clients, is using a law firm that has forensic accountants on staff. Sometimes the divorce attorneys themselves have credentials in the area of forensic accounting, such as a CPA license, CFE (Certified Fraud Examiner) credential, or CFF (Certified in Financial Forensics) credential.

These law firms tout a number of advantages of retaining them:

    • Expertise in financial matters, including business valuations, tax law, and forensic accounting
    • Ability to investigate the value of financial assets
    • Skills necessary to perform a lifestyle analysis

Read moreWhy Use a Forensic Accountant in a Divorce Case?

One Minute Primer on Ponzi Schemes

In this one minute video, Tracy explains how Ponzi schemes work. They are also called pyramid schemes because the constant recruitment of new “investors” creates the shape of a pyramid, with many new investors required at the bottom of the pyramid to pay “returns” to the earlier investors. The hallmarks of a Ponzi scheme include: … Read more One Minute Primer on Ponzi Schemes

Primerica Reviews on Glassdoor

People researching multi-level marketing (MLM) company Primerica seem to end up on this blog. I wrote previously about the fake job interview that is really a recruiting session for Primerica, some of the scammy aspects of Primerica, and one former Primerica representative’s story.

I even get Primerica reps emailing me to tell me how awful I am for saying bad things about their company. It’s just a fact that MLM investment and insurance companies sell products that aren’t as good and are more expensive than traditional insurance and investment companies. They have less educated representatives, many of whom are dabbling in the field.

For fun, I looked for reviews of the Primerica “business opportunity” (no, MLM is not a business) and was pleasantly surprised with some findings on Glassdoor. Of course brainwashed reps have been asked to flood the site with positive reviews to tip the scales in the company’s favor. But there are still plenty of honest reviews about what a terrible “job” it is.

Here are some of the negative reviews of Primerica from Glassdoor:

SCAM

Pros

None absolutely none period run fast run far

Cons

all of them this is a pyramid scheme they hire people through friends and they get a commission when they do. Ive been one of those people. You pay $99 and then 25/month to access the website. SCAM. Then you sell life insurance through family and friends. These people are lower than scum. I would say more but more people can say it better than me. Whatever people said about Primerica is absolutely true. ITS A SCAM

Read morePrimerica Reviews on Glassdoor

Calculating Income in Divorce Cases

There are four widely recognized methods of calculating income in family law cases. These four methods have been developed for use by the Internal Revenue Service in calculating unreported income in tax cases, and are the primary ways a lifestyle analysis can be completed.

Specific Items Method
One of the most straightforward ways to complete a lifestyle analysis is through an analysis of specific items of income. This method is possible when there are substantial documents detailing cash inflows, and is considered a “direct method” of verifying income.

Income-related information is gathered from bank and brokerage statements, tax-related documents, and business records. Inflows are identified and summed, theoretically verifying the income disclosed in the family law case. This method is easy to understand and present, which makes it an attractive option for evaluating claimed income. The court will easily be able to understand how income was calculated.

Read moreCalculating Income in Divorce Cases

Using Tax Return Information in Divorce Cases

Income tax returns and supporting information such as W-2s and pay stubs are the most common and basic documents which evidence income in family law cases. This article discusses the sources of income that are disclosed on a personal income tax return (Form 1040), and some ways the items can be evaluated to search for hidden income and hidden assets.

  • Wages – The figures reported on the income tax return should be matched to the W-2. The W-2 and the pay stubs will provide additional information on the employers, pay rates, total pay, certain benefits, and taxes withheld. Additional analysis may include tracing bank deposits to ensure that all wages were used for the benefit of the family.
  • Taxable Interest and Tax Exempt Interest – These items of income must be considered when calculating income available for support. They are also important because they can point to bank, investment, and brokerage accounts that may not have been specifically disclosed in the family law case.

    Read moreUsing Tax Return Information in Divorce Cases