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Archive for category Legal Malpractice

NFL QB Sues Law Firm Over Bad Tax Advice

by Brian Mahany
Taxes are complicated.  During a recent trial we asked all of the IRS agents if any of them had ever read the entire tax code. Not one had.  With thousands of forms and tens of thousands of pages of statutes, rules and regulations, it’s no surprise that individuals and business owners often need [...]

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The Developing Quiet Storm - Post OVDI Amnesty Claims Against Accountants

by Brian Mahany
The 2011 IRS Offshore Voluntary Disclosure Initiative (OVDI) is over. Between the 2009 and 2011 tax amnesty programs, roughly 30,000 taxpayers have come forward and reported their offshore accounts. Most have paid severe penalties of 20 to 25% of the value of their offshore holdings. That means someone with $1 million in a [...]

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Accounting Malpractice

by Brian Mahany
The term “malpractice” strikes fear in the minds of many professionals… doctors, lawyers and accountants.  For most people, their only interaction with an accountant occurs during income tax filing season. People make that once a year visit, drop off a box of receipts and that’s it.  For many other people, however, their accountant [...]

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Investment Scam Rocks Notre Dame

by Brian Mahany
Daniel “Rudy” Ruettiger, a former Notre Dame football legend, may not be as well known as Penn State’s Joe Paterno but both men have brought discredit to their respective schools.  Ruettiger just agreed to pay almost $400,000 to settle investment fraud allegations brought by the SEC.
Regulators say that Ruettiger defraud investors by artificially [...]

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Accounting Firm Sued In Ponzi Scheme Case

by Brian Mahany
Here is a new twist. A hedge fund sues an accounting firm for its failure to uncover a Ponzi scheme operated by one of the hedge fund’s traders. That might sound farfetched, but its not.  New York accounting firm Rothstein Kass was sued by two hedge fund managers in San Francisco Superior Court [...]

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The Divided Brain - Not Your Usual Blog Post

by Brian Mahany
One of the advantages of being the editor of a blog is the ability to occasionally leave one’s comfort zone and write something unique. Yes, our blog focus will always be on the fight against fraud and helping individuals and small businesses with tax problems.  It is useful, however, to discuss some of [...]

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SEC Charges Advisor With Not DIsclosing Fees

by Brian Mahany
Western Pacific Capital and its president, Kevin O’Rourke, were charged a variety of securities violations including failing to give proper disclosures to clients. Western Pacific is a San Diego based investment advisory firm. Unlike stockbrokers, investment advisors owe a very high duty of care to clients.
The SEC says the firm violated its fiduciary [...]

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Brokerage Giant Raymond James In Court Over Suitability Decision

by Brian Mahany
Raymond James is a large broker dealer with dozens of offices nationwide. Occasionally one of their stockbrokers makes a mistake. No surprises there. Raymond James’ handling of the case, however, is shocking.
Hurshel Tyler is in his late 80’s. In May he won a $1.7 million award from a  FINRA arbitration panel. (Most brokerage [...]

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List of Banks Under IRS Review Grows, Bank Leumi Customers Next?

by Brian Mahany
Now that we are into July, the telephone rings constantly. More and more people that have been sitting on the fence are coming in to see if they are candidates for the voluntary disclosure program. For some, its a last chance to avoid paying a whopping 50% asset penalty. For others, their remedy [...]

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SEC A Joke? One Leading Financial Publication Says So

by Brian Mahany
Hats off to Jonathan Wall at Investment News. He writes a featured article this week suggesting the SEC is “a joke” because it consistently fails to enforce its own orders.
Since the Madoff debacle, the SEC learned just how bad its public image had become. Financial experts kept scratching their heads wondering how the [...]

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