Category Archives: Inspiration

Something’s Not Right

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When I was just heading into my teenage years, something was not right. Not with me, but with my mother. It was unsettling for me and then miserable. It was difficult enough to be heading into my teenage years but my mother was not helping by being off.

First of all, she began to act out of character. She would come home from work and ask for a glass of water with lots of ice in it. You may not see anything wrong with that, on the face of it, but it was plenty odd because my mother never drank glasses of water with lots of ice in them. And now she wanted a glass every night. To make things even more stressful for us, each glass was closely examined and if it was not perfect – not enough ice, water somehow looked cloudy, the glass was not perfectly polished – one of us kids would have to get a new glass and make sure that it was perfect this time.

Then there was the language. My mom started using new slang. For all I know now, she may have started hanging out with a new lunch buddy and picked up some phrases from this new friend. But, along with the water, this new language mom was freaking me out. It was truly odd. But the breaking point came, for me, one Saturday morning. I was following my mother around the house and she watered and spoke to her many, many plants. This was totally in character so that gave me some comfort and was likely the reason why I was hanging about with her that morning. Then I noticed that her dress didn’t quite fit. It was tight on my mom and that was, once again, out of character for her. What was going on?

That thought was still with me as I spent time alone that afternoon. What was going on? Well, after an afternoon of pondering, I had narrowed it down to two options. Either my mother was having an affair or she had been abducted by aliens and they had left an imposter alien in her place. My two options seemed to be the only options that made sense to me at the time – I had friends at school whose parents were going through divorce. Something about our conversations made me think that divorcing parents did not act like themselves. But, if it wasn’t divorce, it could only be aliens. I blame Star Trek for getting me to believe that my mother could be abducted and a poor replica, that wasn’t quite the same size and betrayed itself with its weird speech patterns and love of ice, be left in her place. Both options were devastating for me; either way I was losing my mother and that filled me with despair. I even cried a little that afternoon.

Fortunately for my state of mind, just that week, as though she knew what was going on with me, my mother broke the news. She was pregnant (some may say I was sort of right about the alien in her body). What a relief!

It turns out that, despite all the clues that I noticed, I came to a completely wrong conclusion about what was causing the changes in my mother. Fortunately all my wrong conclusions led to was an afternoon of sadness and tears. In the work place, the consequences of taking data, red flags and other clues to incorrect conclusions can be far more costly. A classic example is that of Rita Crundwell, who defrauded the city of Dixon of over $53 million. The people who worked with her saw that she had a growing stable of quarter horses and was often traveling far and wide with these horses. They assumed that the horses paid for themselves and more and this was how she could afford to keep them. People in the horse world, who knew that horses cost more than they made, thought that she had some kind of trust fund that paid for her extravagant lifestyle. When Rita would not let anyone do her work, or even collect her mail, they thought she was being a great treasurer who diligently controlled her city’s budget. No one saw all the clues and thought she was embezzling money.

If someone was paying attention to the clues and knew how to analyze all the red flags that Rita Crundwell left in her wake, her fraud would never have lasted for the two decades that it did. If, for instance, the city had taken on the services of a forensic CPA to analyze, design and implement control systems and to help them with fraud prevention and deterrence, they may not have lost over $53 million to Crundwell.

This is an excellent reminder of how important it is to have a CPA, with experience and qualifications in financial forensics, to analyze and assess your business’s operations and finances to see what clues are there and what those clues really mean. You may notice that things are amiss, but how willing are you to accept how expensive coming to the wrong conclusion can be for you?

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Now That I Think About It…

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When we talk about fraud and how it tends to happen, the classic fraud triangle is most commonly used to help us understand how it all happens. The sides of this triangle represent opportunity, pressure and rationalization. In this triangle there is a person, just a regular old person, like you and me. Fraud can happen to anyone and fraudsters are often regular people who find themselves under pressure, faced with the opportunity to perpetrate a fraud and the ability to rationalize it all.

Sometimes this person may face pressures. Maybe she has a family member who gets sick and now they have to deal with massive bills. Maybe the person has a gambling problem. Maybe he wants to live the jet set life that he sees his friends living. Whatever the reason may be, these people feel under a lot of pressure to get their hands on more money than they are currently earning.

Pressure or not, maybe this person sees an opportunity to defraud. Perhaps he can sign checks, AND, he has custody of the checkbook AND he performs the company’s bank reconciliations. He has all this access and responsibility and no one checking his work. So, now he has access to the money and he can doctor the books to cover up his wrongdoing. However it works out, these people see a weakness that they can take advantage of.

The third leg of this triangle is rationalization. This is where a person tells himself that there is a justification for what he is doing. Maybe she tells herself that she really needs the money to deal with this one emergency and this will happen only once. Maybe she then tells herself that this will happen only once and, to boot, she has been a loyal employee for a while so the company really owes her a little leeway for all that she has done. Maybe she tells herself that once she is out of this spot of trouble, she will pay the company back and it will be like it never happened in the first place. Maybe he tells himself that he is underpaid and that what he is doing is merely taking the money that he is rightly owed for all the hard work and time that he puts into the business. The rationalizations that people use are practically endless.

Earlier this year, I listened to the podcast “Ponzi Supernova”, a podcast about Bernie Madoff’s Ponzi scheme and what has happened since. One thing that was fascinating about this series was the conversations that Steve Fishman, journalist and narrator of the series, had with Bernie Madoff, infamous perpetrator of a massive Ponzi scheme. Bernie talked about his childhood and how affected he was by his father’s financial failures. Bernie tells Steve that, after seeing his father lose a lot of money and what it did to the family, Bernie swore he would never let that happen to him (perhaps one could see this as a pressure looming over his life). In the early 1960’s, Bernie Madoff violated market regulations and his clients’ trust by losing their money on risky deals. Instead of letting them know that this had happened, he lied to his clients, borrowed money from his father-in-law and carried on as though he was a brilliant investor. Speaking with Fishman, Madoff made it sound as though, because he did not want to fail as his father had, he took these steps so that he could continue to, at least, appear to be successful and very talented.

Bernie Madoff spoke with Steve Fishman a couple of years after he was caught (though, in some versions of his story, he claims he quit). Bernie Madoff also spoke with Diana Henriques, who wrote the book The Wizard of Lies, which is now an HBO Film by the same title. Their interactions also occurred a couple of years after Madoff’s fraud was discovered. After he had plead guilty to his crime. Yet, over and over again, Madoff seemed to continue to make excuses for his behavior and try to minimize what he did. Even though, when pleading guilty, he claimed that he acted alone, he has since changed his tune and as co-conspirators have testified against him, he then seems to say, “well, except for that person, I acted alone”. So, it seems that even after being caught, he is only sharing as much of the truth as he needs to and, what I have found to be most interesting, is that he appears to continue to rationalize what he did.

In an ideal world, one would imagine that having a fraud exposed and pleading guilty would bring a fraudster to his senses. When we imagine a person committing fraud as a regular person who has fallen into irregular behavior, the hope is that putting an end to this irregular behavior will bring this person to her senses and get them to admit that what they did was without excuses; that, even though they rationalized their actions when they perpetuated the fraud, they now saw the error of their ways and realized that the rationalizations were all without merit. During the hearing when he plead guilty, Madoff read a prepared statement where he apologized to his victims. However, even that apology came with a “but” attached. “While I never promised a specific rate of return to any client, I felt compelled to satisfy my clients’ expectations, at any cost.” Yet, listening to Ponzi Supernova, you learn that some clients would demand an adjustment to their statements when they did not receive the return they had been promised. Madoff has also placed blame on his victims, claiming that they knew, or should have known, what they were getting into, that he had warned them and that they did not lose as much as they claimed. And, I have found that it is not just Madoff who does this. The Association of Certified Fraud Examiners talks to people who were convicted of fraud and, in video after video, the perpetrators found ways to hold others responsible for what they did – and this is after they had been found guilty and served their sentences. For instance, one blamed her supervisor for being too trusting, “I don’t blame them but…” she started her sentence. Another stated, “I asked you for help and you said no”, while yet another said “I won’t get caught again”, not “I won’t do it again because I realize it was wrong.

It may be human to not want to admit full responsibility. Perhaps it is too hard for most of us to admit that we have done terrible things. Who really wants to be a monster, blamed for ruining lives, even when those lives are laid out in front for you? And if we are not harshly judging ourselves, even when caught, then can we really adjust our behaviors to do right and get back on the straight and narrow? I don’t know the answers to this but it is something I think about as I perform my work as a forensic accountant. If a person is not able to strip away rationalization and admit that they were just wrong when they perpetuated their fraud, then what are the chances that it won’t be so difficult to do it again?

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Paying It Way Forward

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Bert N. Mitchell

Last night I attended the New York State Society of CPA’s (NYSSCPA) Moynihan Fund Gala. I was looking forward to a fun night with my colleagues, looking out on the water as the sun set and enjoying good food and drinks. What I did not expect was the incredible history lesson that I received from Lifetime Award Honoree, Bert N. Mitchell. In 1987, Mitchell became the first black president of the NYSSCPA and, during his tenure, the NYSSCPA launched the Career Opportunities in the Accounting Profession (COAP) program. I was already aware of these very impressive aspects of Bert Mitchell’s career, but, as he shared his life story, I found that these achievements were only scratching the surface.

Mitchell shared, last night, that he was the 100th black CPA in the United States. This statistic hit harder when he shared that he earned this qualification in 1965, a little more than ten years after Bernadine Coles Gines became the first black woman to become a CPA in New York and the 34th black person to become a CPA in America. Even though it was 11 years after Gines had encountered many obstacles on her journey to becoming a CPA, Mitchell did not find things to be much easier when he graduated, at the top of his accounting class, in 1963. Despite his top-notch qualifications, Mitchell spent two weeks seeking a position at one of the top accounting firms, preferably, one of the Big 8 (at the time). He travelled from lower Manhattan and worked his way to Midtown, stopping in at every major CPA firm and, over and over again, he was turned away, with the excuse that their clients’ attitudes regarding hiring a black person were why they wouldn’t give him a job. In 1968, the AICPA launched the Committee on Recruitment from Minority Groups and Mitchell was one of the five black members of the eleven member committee. A year later, in 1969, Mitchell published a study entitled “The Black Minority in the CPA Profession” and this study found that underrepresentation in the CPA profession was worse than in law, medicine and other professions. This study found that out of 100,000 CPAs in the United States, fewer than 150 were black and firms claimed, as they had to Mitchell when he was seeking employment, that the barrier to hiring African Americans was not their own bias but that of their clients.

In a follow-up to the 1969 study, Mitchell published a study in 1975 that showed that the number of black CPAs had tripled to 450. As encouraging as this information was, there was still much to and, as became apparent, Mitchell was nowhere near done. When Mitchell became president of the NYSSCPA in 1987, the stats were depressing. Black people made up almost 13% of the population, yet they made up less than one percent of CPAs. In comparison to other professions, only airline pilots had lower representation. Representation by other peoples of color was not much better – Latino representation also hovered around 1% and Asian representation was about 3%.

When I heard Bert Mitchell’s speech last night, I knew I needed to know more and when he mentioned that he was the 100th black CPA in America I, fortunately, knew exactly where to go. When I met and was moved and inspired by Bernadine Coles Gines, I went out and bought the book “A White-Collar Profession, African American Certified Public Accountants Since 1921” by Theresa A. Hammond. This book, published in 2002, tells the history of African Americans in the profession. I knew I would find him in there, not only because of the incredible work that he has done to expose people of color to the CPA profession, but also because I remembered that the book included a list of the first 100 black CPAs in the United States. I got home and there he was – “100. Bert N. Mitchell 1965 New York”.

At the Gala, as three alumni of the COAP program took to the stage and shared their stories of how the program and not only exposed them to the CPA profession but also made them believe that this was possible for them, I was deeply moved by the work and efforts of Bert N. Mitchell and others who, like him, have been dedicated to diversity and inclusion in our profession. Pick up the book, read it and learn more about Mitchell and the other first 100. This is not ancient history, it is actually amazing how recent this history is. It is hard to pass the CPA exam. It is a daily challenge to maintain the standards and knowledge that make us trusted professionals. It should never be a struggle to be hired because of your race, gender or sexual orientation. I am truly in awe, as Bert N. Mitchell, truly has dedicated his life to advocating for diversity and fairness in the profession.

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2017! Three Words! Let’s Go!

img_1043-2Yesterday, I took a moment to look back at 2016 and I am glad that I did. After that exercise in honoring history, I actually changed one of my words for 2017. My words for 2017? That may be what you are wondering. Let me explain. In 2013, Tom Hood introduced me to the concept of Three Words (and that concept came from Chris Brogan). I use these three words to give the year ahead a theme, almost like a rhythm that I can dance to as I go through the year; and isn’t everything better with dance? The process of thinking about my three words and then coming back to them throughout the year, help consolidate, direct and give confidence to what I do and how I do it. As I read over yesterday’s post, I saw my 2016 Three Words dancing over my year, in ways that I had not thought about as I was writing the post – Learn. Fear. Community.

For several days, I thought about what my words for 2017 would be – and how those words would serve to seal my intentions for the days ahead. I think I have it now.

Embrace: In previous years I have written about changing things in my life. Transform was one of my words in 2014. Then, in 2015, Receptive was a word of mine. Last year we moved to a new neighborhood. When I was a kid, due to politics and other adventures in their lives, we moved around a lot. Between first and third grade, I went to four different schools in three different countries, in four different cities. During my first two years in New York City, I lost count of how many places I lived in. I even spent a couple of months camping out on a (very amazing) friend’s couch on weekends, while I worked in Florida during the week. Last year, I talked transformation and I was receptive to talk of moving but, now that I am here, I realize that it is not going to work until I embrace it. This is where I am now with my move, with my work, with my life. I can talk about how great innovations in my line of work are; I can marvel at how awesome some of the tools that are available to us are; I can wax lyrical about the incredible people who cross my path and make me better at what I do, but all of that is not worth much unless I dive in there, snuggle in and just embrace it all.

Persevere: When I started training to run long distance, I learnt about the power of a mantra. The mantra was invaluable to me, when doing hill repeats. I would chug up a hill and repeat, over and over again, “I love hills.” I will say this, I reached the top of that hill and many others AND I hate hills less and appreciate their value. I actually surprised myself when I told a cousin that I wished there were a few more hills around my new home. In 2015, I embarked on a new journey of sorts. I started my own business and decided that I wanted to do work that made me look forward to getting out of bed every day. I loved that my husband’s work, as a photographer, was something he also did for fun. I admired how excited he got about his projects and I wanted some of that. At times I would talk to some people about what I wanted to do and how I wanted to do it and they would tell me, “that will never work.” Fortunately, my incredible community (2016 word, hello!) took over and repeated the mantra I had not yet learnt to say myself. However, as the year came to an end, I started to believe. So this year, I shall remember to say to myself, “You got this. You can do this,” not just when I am running, or doing pull-ups. I shall tell myself this as I am serving my clients, community and the public.

Monchu: My last word is a word that I have borrowed from Chris Brogan. Chris tells us Monchu is an Okinawan word that means “one family”. It essentially means that we treat people who are not our blood as though they are family. I have benefited from this concept forever. As someone who lives very far away from most of my blood, I just don’t know where I would be with my one family. For instance, I just wrote about how I was able to crash on a friend’s couch when I first moved to New York. I didn’t mention that I had only known her for months and she offered her home to me, and her husband and adorable daughter didn’t seem to mind either. That is just one of a million of my stories. I know that I could do a way better job of keeping in touch with people to let them know that they are part of my one family. I know that this philosophy will guide me to be better at what I do and how I do it. I hope to also inspire others around me to embrace this philosophy.

As I share my words for 2017, I want to acknowledge my words from previous years:

2013 – Change, Discover & Motivate
2014 – Transform, Pursue & Collaborate
2015 – Receptive, Synergy & Service
2016 – Learn, Fear & Community

And now for 2017 – Embrace, Persevere & Monchu. I am excited for the year ahead and I know that the view from my new home will help me do so. You see it up above, I can see forever now. I got this.

Tell me, what are your words?

I hope 2017 is your best year ever!

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Cheating Mysteries

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When I first started running long distance, my goal was to run the New York Marathon. After I completed the Chicago Marathon, things changed a little. Of course I still held my breath every year, hoping to make it into the New York Marathon. But I also had another distant dream – qualifying for the Boston Marathon. It was a distant dream because I would need to run a qualifying time in order to get into Boston and my pace at that time was nowhere near one that would get me into Boston. Over the last few years, my pace has improved and qualifying for Boston has become a more attainable dream. Over the years, I have also come to know more runners and have found that many of us aspire to qualify. I know I am always in awe of a person who has qualified for Boston – it is no mean feat.

With the line of work that I am in, I should not have been surprised, but I was, when I read a recent Runner’s World piece about people who cheat to get into the Boston Marathon. I wanted to run the New York Marathon because I was inspired by the runners who ran past my block, the runners who would touch all five boroughs that make up the city that I call home. I enjoy running races in cities and towns that I have never been to, as I find it a great way to visit and discover new places. When I think about Boston, I don’t necessarily think about running the race itself. The power of Boston, for me and for many that I speak with is in what it takes to qualify. That is the challenge. So, when I read about people who cheated by getting someone else to run a qualifying time in their place, or by cutting a course, I was baffled. Where is the joy in telling someone that you achieved something that you didn’t or that you had someone achieve on your behalf? When I speak with fellow runners, I tend to speak with like-minded people who are just as baffled as I am.

This article reminded me that just because one cannot understand the motivations of a cheater, it does not mean that the cheating will not happen. The fact that many of us cannot understand this motivation is exactly what those that cheat bank on. If no one can imagine how or why someone would fake qualifying for the Boston Marathon, the chances are high that a person will get away with faking in order to qualify for the Boston Marathon. This is something that we all should be mindful of, beyond the realms of the Boston Marathon. Way too often, a business owner or manager will forgo instituting checks and balances in their company, because that business owner can’t imagine that anyone that works for them could be the kind of person that would defraud them.

It is important to take steps to keep from being blindsided by your world view. Precisely because you can’t imagine how a person could behave in a fraudulent manner is why you should seek out the services of a forensic accountant, whose job it is to both imagine how a person could defraud you and how to prevent and detect such actions. We all hope that people will be honest, but it is a sad truth that for various reasons, people will cheat. In the context of the Boston Marathon, perhaps some people feel that they are so close to a qualifying time that a little cheat is not such a bad thing. Maybe some people hunger for praise, even if they have not earned it. Maybe some people just don’t think it is a big deal to cheat in order to get into Boston and see it as a victimless crime. In the context of a business, some people may face personal pressures that they feel push them to fraud. Some people may feel that they are not sufficiently appreciated by their employer and may, therefore, feel justified in taking from that employer. No one is immune from the pressures or motivations that lead to fraud, but what we can do is take steps to make it as difficult as possible to be defrauded.

 

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2016! Three Words! Boom!

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Hey there 2016! In 2013, I officially put aside New Year’s Resolutions. This is because I was introduced to the concept of Three Words, by Tom Hood, who found this idea from Chris Brogan. I have found the three words to be a great way to give my year a point of consolidation and mindfulness. I have found the three words to be invaluable. I find myself bringing up these words in conversations and in my writing and I am sure I must sound like a broken record to some people. I am happy to be a broken record if this helps me live a life of greater focus and productivity. I am just about always trying to do too much and I have found these three words give me greater direction.

Last year, my three words were Receptive, Synergy and Service and I found these words coming up often during 2015. I faced several challenges during the year, I embarked on new ventures and my life took turns that I never imagined. During that time, my words from 2013 all the way through 2015 helped form my rallying cry.

As 2015 neared its end, I wondered what my words for 2016 would be. I took the time to look back and think about where I have been and then think forward to where I would like to go and what I want my compass to look like as I travel. Today, I have my words for 2016.

Learn: During my various adventures in 2015, I things thrown at me that I could either try to ignore or take lessons from. My brother got married and that brought a lot of my family together in one place. It is always amazing to me that, for as much as I think I know the stories of my family, when we come together there are new and incredibly interesting things that I learn. My husband and I also spent time together with his aunt where she regaled us with stories of her youth and his family history. As much as I think I know, I find that there are still more ways to expand my mind and that should I choose to, I can keep on learning. I hope to learn in formal settings, in informal setting and totally by surprise.

Fear: I am sure that at some point in my writing I have shared my irrational fear of rodents, a fear that is not very helpful for a person who lives in New York City. I remember once, years ago, I was living in an apartment an old building. The old buildings in New York are lovely to look at but come with holes, holes that mice like to climb through, especially when it gets cold. One evening, I was hanging out on the couch when suddenly a mouse scuttled across my floor. I was frozen on the couch, afraid to move lest the mouse and I collide. People tell me that the rodents are more afraid of me than I am of them; I beg to differ. I ended up calling my neighbor, from the couch and, luckily he came by and dealt with the mouse. Now, I am not about to dive into a close encounter with a rodent, but I am learning that the times that I have been able to get past my fears are the times that I have been able to have new adventures. I started my own business this year and I am learning to not let my fears about failure, about the unknown or about anything else hold me back. I am also having a great time exploring life and learning new things about myself and those around me.

Community: I say it all the time and it remains true – nothing happens without community. When I started my business I found support from friends, family and colleagues. I found support from strangers. Had I realized the power of community, I may have taken the leap earlier. An instrumental aspect of collaboration and synergy is community. As I continue on this incredible adventure, I want to be mindful of the great things that can be achieved by a community.

Just a moment to look back on my words from prior years:

2013 – Change, Discover and Motivate
2014 – Transform, Pursue and Collaborate
2015 – Receptive, Synergy and Service

And now: Learn, Fear and Community

I am unbelievably excited at the prospect of looking fear in the eye and saying, “bring it on.”. For it is through these experiences that I shall learn and it is with these moments that I shall be able to connect with my community and build that community. AND I have an extra day to do all of this this year. So, tell me, what are your words?

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The Best! The Worst!

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Today is marathon Sunday in New York City and, for years now, I have lived less than a block from the marathon route. It is one of the most exciting days of the year for me and I love walking down to the end of my block to join the over one million spectators who line the 26.2-mile route to cheer on the runners. All too often, New Yorkers are thought of as people who just don’t care about others. Per the stereotype, it’s just keep out of our way, don’t look us in the eye and don’t do anything that will slow us down and we won’t have any problems. Marathon day is a day when I am reminded that the city is a city full of people who do things like come out to cheer and high-five strangers as those strangers test their bodies and spirits. I love it.

There are moments, such as the marathon, that bring out the best in people. Disasters, as sad as they may be, also bring out the best in people. People come out and give time, money and other resources to help those in need. Tragically, disasters also tend to bring out the worst in some people. Some among us see disasters as a great opportunity to take advantage of others, for personal gain. Some of the fraudsters are blatant in their unscrupulous ways because they are targeting the desperate among us. A current example is the migrant crisis in Europe, where refugees, seeking to escape dangers at home, will give up all their resources in the hopes of reaching a safer place. Instead, some hand over money to greedy criminals who then lead them into more danger and, sometimes, even death.

Other fraudsters are more slick in their strategies to profit from the suffering of others. In recent months, natural disasters such as fires and tropical storms, have left many in the United States needing assistance. Just in October, while communities in South Carolina were struggling to recover from flooding damage, warnings were being sent out because of an influx of fake charities. These counterfeit charities, preying on the generosity of those wishing to do something to help the displaced and impacted, were taking people’s money and doing nothing to help those in need. Just a couple of days ago in New York, a company agreed to pay a settlement of $700,000 for pretending to collect secondhand clothing to help charities. Instead, this company sold the clothing, paid almost nothing to the charities and made profits of over $10 million dollars, it is estimated.

Because, even in situations where we should be helping others, there are those who are looking to help themselves at the cost of those around them, it is important to be vigilant.

  • It was Halloween yesterday and parents were checking to make sure that the treats that their kids collected were safe for consumption. Yes, people may appear to be doing good things, but it is only smart to make sure that everything is above-board.
  • Even though it may seem like a drag, check up on who you are giving your money or time to.
  • The name may sound familiar, but make sure it really is who you think it is.
  • If you feel uncomfortable about something, it is okay to say no. There are many opportunities to give back to those in need and you will find the opportunity where you are sure that what you are doing is benefitting those who need it.
  • Don’t give your personal information to anyone.
  • If you believe that you have been scammed, contact your local authorities and report it.

Giving is a vital part of what makes us communities. Just make sure that you are giving to the right people and not the unscrupulous scammers around. You know, like that obnoxious person in the neighborhood who decides that they just have to cross the street as the runners are passing by. Don’t give that guy the time of day.

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All For Love

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“Valentine’s Day; red roses
It’s said that some have died for love.
In North Clark Street, Chicago
They died for money…”

It was with those words, uttered by Laurence Olivier, on a Paul Hardcastle song about greed, that Al Capone first fascinated me. It started with that tale of the St. Valentine’s Day Massacre – “It’s a good day to die,” the gangster laughed in a scene in the video – and it continued as I learned more about his legacy as a famous gangster. I mean, as perennially single as I have been most of my life, I have been known to don black clothing and disdain on February 14th, but to shoot a bunch of people on that day? That just seemed a little much. You couldn’t wait until the 15th? What kind of person does that? I found out that others were similarly outraged by Capone’s actions and expended a lot of time and energy trying to bring him down.

A few weeks ago, I was reminded of Al Capone when I spoke with Meredith Engel of The New York Daily News. She was reporting on the financial issues faced by those in the marijuana business. Marijuana is legal in some states, such as Colorado and Washington, but is still illegal on a federal level. This dichotomy may lead to confusion on what income is taxable on a state level, where pot is legal, and on a federal level, where it is illegal.

What does this have to do with Al Capone? Well, despite being blamed for the St. Valentine’s Day Massacre, among other murders, and in spite of being investigated for racketeering and his bootlegging business, the authorities struggled to get Capone convicted on his gang-related crimes. However, there was a government agency that he had not seriously considered; the IRS. You see, it does not matter where your income comes from, be it from legal or illegal sources, you have to pay taxes on it.

It doesn’t matter whether you are selling pot or stealing from your boss, if you don’t pay taxes on that money coming into you, you cold find yourself in trouble with the IRS, ranging from interest and fines to imprisonment. Federal agents couldn’t find enough evidence to pin murder on Al Capone, but they were able to use forensic accounting methods to put together enough evidence to indict Capone on tax evasion charges. He was sentenced to 11 years in prison, was fined $50,000, was charged $7,692 in court costs and $215,000 plus interested in back taxes.

Preparing a tax return can get rather complicated. Figuring what deductions, exemptions and credits you are eligible for can be a like navigating a maze. However, the most simple part of the tax return is the income that you start with. If you don’t want to get into trouble with the IRS – REPORT ALL OF IT, regardless of how you came about it.

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More Equal Than Others

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Every time he is channel surfing and comes across The Godfather, my husband, James, watches it. It doesn’t matter whether the film is one minute or one hour in, he stops and watches the rest of the movie. He never tires of it. He is happy to watch The Godfather every day of the week, if that is how often it pops up on the television. In high school, I had a similar relationship with Animal Farm (and some other books). It is a good thing that I didn’t mind reading Animal Farm, because it was a book we studied, at great length, in school. It has been many years since I read the book, but the commandments stick with me. For those that have not read Animal Farm, in a nutshell, animals on a farm rise up against the humans and come up with seven commandments. The commandments include declarations like “No animal shall drink alcohol” and “No animal shall kill any other animal”. However, as time goes by, some animals are sucked in by the intoxicating nature of power and the commandments are amended – “No animal shall drink… to excess” and “No animal shall kind any other animal… without cause”. This week, when Jim Ulvog wrote to me about UBS in the news, I was reminded of the commandment that was, initially, “All animals are equal” but morphed into “All animals are equal… but some are more equal than others”.

Last year, when writing about high frequency trading, I mentioned dark pools. Watching the news, the stock market that gets the most coverage is the New York Stock Exchange (NYSE). However, there are 16 national securities exchanges and then there are a further 45 so-called dark pools. Dark pools are not easily accessible to the public and are run by private brokerages. UBS ran one such brokerage and the SEC charged this brokerage with telling its customers that they were all equal while behaving as though some customers were more equal than others. In doing this, they not only violated their customers’ trust, they also, allegedly, violated securities law.

Dark pools are so-called because they give anonymity to the traders who use them. Like an extreme version of poker, in dark pools, the identities of the traders and the size of their orders are kept secret until the orders are filled. In this way, dark pools give traders the freedom to trade without other parties being privy to what they are doing. However (according to the SEC’s charges), with UBS, it turns out that UBS was operating its dark pool at an additionally shady level and giving some of its clients flashlights. For example, to its market makers and high-frequency traders, it gave the option, called PrimaryPegPlus (PPP), of being able to bid in fractions of a cent, despite this practice being illegal. So these PPP customers were able to jump ahead of customers bidding in, legal, whole penny prices. Furthermore, UBS did not disclose this and other practices to all its customers. So the uninformed customers were trading in this dark pool, thinking that they were equal to the other members of the dark pool, while, in reality this was not the case. It is as though UBS held a road race that a bunch of people entered but then UBS picked out a few cool kids and, secretly, gave them rocket-propelled shoes.

Trading in the various securities markets is complicated enough as it is, with some players being more experienced and sophisticated than others. We have high-frequency traders who use complex tools, large volume and nano-second speeds, tools that the ordinary man on the street generally does not have access to. To add to all of this complexity, if you have the markets advertising themselves as one thing, but selling something completely different, something that gives clandestine, unfair advantage to a group of clients over another, that just doesn’t sound right. It didn’t sound right to the SEC either – they fined UBS $14.5 million (even though UBS neither admitted nor denied guilt when paying the fine). Maybe that’s because the Animal Farm commandments are, right or wrong, just the way things are?

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Oh Yes, She Did!

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In previous posts, when talking about the importance of controls in a system to help prevent fraud, I discussed the case of Amy Wilson. These posts were specifically about how trust is not a control. Regardless of how nice a person seems to be (or is) or how long someone has worked for you, you should never decide that you can trust them enough to forgo system controls. It really cannot be said enough, trust is not a control. It does not matter how good a person is or how long they have worked without ever considering defrauding their employer, there may come a time when they face great pressure to commit fraud. It is important that, should this time arise, there are controls that deter them from giving in to temptation.

In my first post about Amy Wilson, I discussed how many controls I come across when I run a race compared to how few controls I have seen in many businesses. I continue to be amazed by this; people will put so much into making sure folk aren’t fabricating their running times, yet they are willing to trust those very same folk with their money and assets. The second time I wrote about Amy Wilson, I had watched her enlightening interview on the Attestation Update website. Here and in the articles she has authored, Amy Wilson speaks very clearly about what she did and how she could either have been caught or have never had the opportunity to perpetrate the fraud.

Well, fast forward to today. I received notification, this morning, that Amy Wilson had visited my website and left me a comment. She was very complimentary (whew!). I am glad because Ms. Wilson does have great lessons to impart and I appreciate that she does not take issue with how I have shared her story and lessons. To have real life examples of where the weaknesses in a system were, how they were exploited and the ultimate consequences of all of this is absolutely priceless. When it comes to designing and instituting controls in a financial system, it is imperative that this is performed effectively and consistently. In order to make sure that this process is correctly implemented, the stories must be told clearly, correctly and honestly. It is fantastic that Ms. Wilson is unflinching when she talks about what she did; that kind of thing does not happen often. This kind of honesty helps forensic accountants get better at what they do and, hopefully, businesses get better at deterring, preventing and detecting fraud. Finally, feedback like Amy Wilson’s helps me feel happier about what I do.

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