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New Legal and Accounting Malpractice Legal Website

New Legal and Accounting  Malpractice website launched and we are pretty excited. There are very few law firms specializing in legal malpractice and until now, we never heard of any involving accounting malpractice. Sure, some law firms will accept the occasional case against a CPA but it is usually ancillary to their main practice. This [...]

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Small Business Captive Insurance Company, Life Insurance and the IRS

For many years, folks in the insurance industry have been conjuring ways to make life insurance premiums tax deductible.  Over the years we have seen many schemes that have failed IRS scrutiny. Welfare benefit plans set up under I.R.C. section 419, 412(e) plans and Producer Owned Reinsurance Companies (PORCs) are all common examples. When one [...]

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New Opportunities for Mortgage Company Whistleblowers

Federal law allows whistleblowers to receive huge cash awards for reporting fraud or false statements in connection with federally insured loans. The False Claims Act allows whistleblowers to collect up to 30% of whatever the government collects from mortgage companies or banks that have defrauded the FHA, VA, Fannie Mae or Freddie Mac. That means [...]

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HSBC India Client Sent To Prison For Unfiled FBAR

Ashvin Desai is probably best known for inventing and manufacturing medical devices. Now he will known as the most recent American taxpayer sent to prison for having failed to report offshore bank accounts and file FBAR forms. Desai was sentenced last week to 6 months of prison followed by 6 months of house arrest. Desai [...]

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“Freedom Professional” Loses Freedom – Tax Evasion Post

A Madison, Wisconsin motivational speaker was sentenced to a year in federal prison after being convicted of three counts of failure to file a federal income tax return. Eric Plantenberg, age 42, founded several personal development companies including Personal Freedom Development and Freedom Professional Services. For the next 12 months, however, Plantenberg isn’t likely to [...]

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CWCapital Asset Management Hit With Billion Dollar Suit

The battle against special servicers is heating up. Just last week we reported that the New York State Department of Financial Services was investigating three of the largest special servicers – LNR Partners, CWCapital Asset Management and C III Asset Management – over allegations of conflicts of interest and double dealing. Days later, several junior [...]

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Investigation of Paul Larsen – a/k/a Paul Cragg Larsen (TIC fraud)

We encounter a fair amount of bad brokers in our fraud cases involving failed tenant in common (“TIC”) investments. Most just gave bad advice or allowed the lure of big commissions to overcome common sense. It really doesn’t matter, however, as stockbrokers are responsible if they fail to conduct proper due diligence or make unsuitable [...]

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The Jig Is Up (FATCA – FBAR Post)

“The jig is up!” That was the lead in article just published in Forbes addressing the hundreds of thousands of U.S. taxpayers with unreported offshore accounts. After over a year of delays, the Foreign Account Tax Compliance Act – FATCA – is now in effect. Several days ago, foreign financial institutions began reviewing their accounts [...]

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Whistleblowers – America’s True Patriots

July 4, 1776 – Thomas Jefferson, Ben Franklin, John Adams, Robert Livingston and Roger Sherman penned these words – “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Those [...]

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Are FBAR Penalties Unconstitutional? In Many Cases Yes.

Calling the IRS’ FBAR penalties unconstitutional is a bold statement but in many cases we think they are. To better understand the argument, some history and discussion is necessary. The Eighth Amendment of the U.S. Constitution says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Although usually [...]

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