• Litigation Consulting - QuickRead Top Story

    Why Strong Internal Controls Are Essential: For Preventing Fraud and Driving Business Growth

    The importance of strong internal controls cannot be overstated. They form the foundation for financial integrity, operational efficiency, regulatory compliance, and, ultimately, long-term business success. This article explores how strong internal controls not only safeguard against fraud but also serve as a catalyst for business growth and sustainability. In today’s fast-paced and evolving business environment, the importance of strong internal controls cannot be overstated. Most business owners and managers associate internal controls with fraud prevention and detection. However, effective internal controls serve a much broader purpose. They form the foundation for financial integrity, operational efficiency, regulatory compliance, and, ultimately, long-term…

  • Financial Forensics - QuickRead Top Story

    Untangling the Fraud: Utilizing Data Analytics to Investigate Ponzi Schemes

    This article examines how data analytics combined with other forensic accounting tools can help investigators uncover how investors in both traditional and newer types of Ponzi schemes were victimized, and how data can be compiled to locate stolen assets and create an analytical report that aids regulators and in legal proceedings focused on recovering funds or determining investor losses. Introduction It is widely recognized that deceiving investors is the bread-and-butter of a Ponzi scheme.[1] However, the term “investors” often conjures images of Shark Tank or Wall Street, and this is far from the type of investor that many Ponzi schemes…

  • QuickRead Top Story - Valuation/Appraisal

    The Meritocracy of an Unregulated Market

    Is There a Need to Broaden Regulation? Can humans achieve economic market efficiency without the “visible hand” or is the collateral damage of decisions an unfortunate reality in exchange for the freedom of unregulated markets. This article discusses the role of regulation in an unregulated market and potential shifts. How do you measure ability when the parameters are not clearly defined? As valuation analysts, we determine the cost of capital using inputs such as return on regulated public markets. Restrictions of public securities markets are often set in place through governmental bodies which impose arguable economic checks and balances. The…

  • Financial Forensics - Litigation Consulting - QuickRead Top Story

    The Latest Greatest Internet Scheme

    Currency Investment Scams Step aside e-mail compromises and romance scams. Make way for the crypto investment scam, the newest in an ever-changing sea of schemes and scams available on the World Wide Web to minimize your life savings in as little as a few weeks. This article is a refresher for traditional indicators beyond the “too good to be true” mantra and will detail the slight modifications occurring within this new iteration of attempts to separate folks and their money. There are 12 common investment fraud scheme indicators to recall. These may occur prior to a potential victim engaging in…

  • Financial Forensics - QuickRead Top Story

    The Role of Forensic Accountants in Measuring and Detecting Fraud in Employee Loss Claims

    With Examples From Asset Misappropriation to Financial Statement Fraud (Part II of II) This two-part article (Read Part I here) focuses on the two significant, but different, roles forensic accountants play in quantifying employee losses and how—in the normal course of the analysis—they may find instances of fraud that require further investigation. The authors first provide detailed guidance for forensic accountants in how to quantify employee losses and later offer insights into behavior that may indicate fraud stemming from such claims. They also explain the factors considered by carriers when hiring external accountants. The second part of the article features…

  • Financial Forensics - QuickRead Top Story

    The Role of Forensic Accountants in Measuring and Detecting Fraud in Employee Loss Claims

    With Examples From Asset Misappropriation to Financial Statement Fraud (Part I of II) This two-part article focuses on the two significant, but different, roles forensic accountants play in quantifying employee losses and how—in the normal course of the analysis—they may find instances of fraud that require further investigation. The authors first provide detailed guidance for forensic accountants in how to quantify employee losses and later offer insights into behavior that may indicate fraud stemming from such claims. They also explain the factors considered by carriers when hiring external accountants. The second part of the article features two cases studies involving…

  • Litigation Consulting - Practice Management - QuickRead Top Story

    Protecting Privilege in Internal Investigations

    Delicate Balancing (and a Backbone) Required Rarely does a week pass in white collar and investigation or SEC-regulatory outside counsel life that an auditor or government enforcement attorney does not request some form of interim or final read-out or update. These requests for information can encompass investigative process and factual findings, lists of search terms, interview outlines, or similar investigative materials. However, this information, if provided, presents a very real risk of privilege waiver. This article encourages pushback against the “nobody else ever fights us on this” contention often heard from government enforcers and outside auditors wanting to “better understand”…

  • QuickRead Top Story - Valuation/Appraisal

    SPAC Attack

    Six Months In Special Purpose Acquisition Companies (SPAC) have been a prime focus of the SEC over the last six months. On April 12, 2021, the SEC issued “Staff Statement on Accounting and Reporting Considerations for Warrants Issued by Special Purpose Acquisition Companies” to highlight potential accounting implications and provide guidance on making the determination between classifying the warrants issued by SPACs as equity versus a liability. Below, the authors navigate through the valuation process of SPAC warrants and the frequent issues seen thus far in SPAC warrant valuations. Special Purpose Acquisition Companies (SPAC) have been a prime focus of…

  • Financial Forensics - QuickRead Top Story

    Risk and Fraud

    in the Cryptocurrency Economy Although cryptocurrency and blockchain technology create an environment that can help combat fraud within their systems, their introduction into the global economy has opened numerous doors for nefarious activity. This article provides an overview of what is cryptocurrency, blockchain technology, and the rise of threats to digital assets. Fraud used to be much simpler for the fraudster—they exploited weakness in the internal controls of a company and executed one or more transactions leading to theft of funds or property. Sometimes they concealed the crime; other times they felt no need to do so. Today’s world is…

  • QuickRead Top Story - Valuation/Appraisal

    Where Do You Stand on “EBITDAC”

    and “Voodoo” Economic Forecasts? One of the issues facing the business valuation community as well as business owners is the newly created accounting metric called “EBITDAC”, which stands for Earnings Before Interests, Taxes, Depreciation, Amortization, and Coronavirus. This is a non-GAAP accounting metric used by some companies today to raise more debts from lending institutions by adjusting or recasting their financial statements to account for lost earnings incurred due to the coronavirus. The author asks what coronavirus add-backs are defensible under this new normal? One of the issues facing the business valuation community as well as business owners is the…

  • QuickRead Top Story - Valuation/Appraisal

    Private Company Stock-Based Compensation Arrangements

    To Attract or Retain Key Employees To both attract and retain key employees, many private companies have added stock-based compensation grants to their portfolio of employee compensation arrangements. An important component of any private company stock-based compensation arrangement is the value of the private company stock. Therefore, private company clients expect valuation analysts to be at least generally familiar with the management considerations related to such stock-based compensation programs. This discussion summarizes some of the basic—but important—income tax considerations about the compensatory transfer of employer corporation stock. This discussion summarizes both the employer’s and the employee’s federal income tax considerations…

  • QuickPress

    ‘We Were Just Conned,’ Client Says of Advisor’s Alleged $8M Ponzi Scheme

    About a decade ago, Harriet and Jeffrey Taniyama went in search of a financial planner “just to make sure we were headed in the right direction” with respect to retirement, Harriet Taniyama says. The one they found, a former FINRA-licensed advisor named Christopher Dougherty in San Diego, persuaded them that they not only had enough money to retire but also to invest in his own ventures, including an organic farm and a real estate business. To read the full article in Financial Planning, click: ‘We Were Just Conned,’ Client Says of Advisor’s Alleged $8M Ponzi Scheme.

  • QuickRead Top Story - Tax

    Tax/Personal Financial Planning

    Avoid Traps with a Timely Appraisal New basis-consistency requirements make defensible valuations of inherited property even more important. Informed taxpayers are aware that only the wealthiest individuals should have concerns about the federal estate and gift tax, for gifts given and decedents dying in 2018 through 2025. Thanks to the legislation known as the Tax Cuts and Jobs Act (TCJA), P.L. 115-97, the basic exclusion amount is more than $11 million per individual ($22 million for married couples), indexed for inflation. Now, estate planners are spending less time and using fewer resources trying to avoid federal estate taxes for clients.…

  • QuickPress

    SEC Simplifies Disclosure by Public Companies, Money Managers

    The Securities and Exchange Commission has approved amendments to Regulation S-K aimed at simplifying and modernizing disclosure by public companies, consultants and money managers. The amendments are required under the Fixing America’s Surface Transportation Act of 2015. To read the full article in Pensions & Investments, click: SEC Simplifies Disclosure by Public Companies, Money Managers.

  • QuickPress

    Author of ‘Jesus Christ, Money Master’ Charged in $19.6M Ponzi Scheme, SEC Says

    A self-styled “Money Doctor” who promoted his services on a Christian radio station penned a self-help guide to “share the benefits of putting Christ back in the center of our personal spending habits.” In pitches to clients, the ex-advisor allegedly promised guaranteed risk-free returns of five to eight percent per year. To read the full article in Financial Planning, click: Author of ‘Jesus Christ, Money Master’ Charged in $19.6M Ponzi Scheme, SEC Says.

  • QuickPress

    Why Regulators Are Taking Aim at Robo Advisors

    Riding a decade-long bull market, robo advisory firms have proved investors are willing to let complex and proprietary algorithms be at the heart of their investment advice. Assets under management at digital platforms are expected to top $1 trillion in the next few years. To read the full article in Financial Planning, click: Why Regulators Are Taking Aim at Robo Advisors.

  • QuickPress

    Top Democrat on Senate Panel Wants Hearing on SEC’s Reg BI

    Sen. Sherrod Brown, the highest-ranking Democrat on the Senate banking committee, is calling for a hearing on the Securities and Exchange Commission’s proposed Regulation Best Interest. He cited a letter from 11 former SEC economists raising concerns about the economic analysis that went into the regulation. To read the full article in Think Advisor, click: Senate Banking Panel Lawmaker Wants Reg BI Hearing.

  • QuickPress

    Preparing for an Unexpected SEC Audit

    Preparing for an audit by the Securities and Exchange Commission can be a significant undertaking for a small firm. During stressful times such as this, leaders should stay confident and set a positive example for others. To read the full article in Smart Brief, click: Preparing for an Unexpected SEC Audit.

  • Mergers and Acquisitions/Exit Planning - QuickRead Top Story - Valuation/Appraisal

    Overview of Fair Value Considerations in Business Combinations

    Bargain Purchase Transactions This article summarizes the fair value measurement guidance and financial accounting considerations in business combinations—and specifically, in bargain purchase transactions. This discussion also describes the principles of acquisition accounting as they relate to fair value measurement. And, this discussion describes many of the valuation analyst considerations regarding the fair value measurement for a bargain purchase transaction.

  • Litigation Consulting - QuickRead Top Story

    Overview of the But For Investment Portfolio

    To Measure Trustee Breach of Fiduciary Duty Damages The but for investment portfolio is a tool that damages analysts utilize to estimate economic damages when there is an allegation of a breach of fiduciary duty with regard to the management of an investment. In its simplest form, the but for investment portfolio estimates the value of a portfolio but for the alleged breach of fiduciary duty. Case law precedents established the but for investment portfolio analysis as a method to estimate economic damages on a market adjusted basis. While the concept of a but for investment portfolio analysis is simple,…