VW’s Emissions-Test Trickery May Not Be Illegal in Europe by Danny Hakim and Claire Barthelemy

Posted by Michael de Andrade.

Volkswagen, one of the European auto giants, admitted to “installing defeat device software in 11 million cars.” These “defeat device software” lets carmakers to change performance settings of the engines before a pollution test. These software would not only switch the performance settings of an engine but also detect when “they were being tested for nitrogen oxide emissions.” The installation of such defeat device rose a huge debate as to whether or not Volkswagen’s “emissions-test trickery” is a violation of European testing rules. The question at hand as described by Paul Willis, top Volkswagen official in Europe, was “whether the software officially constituted a defeat device” under European Union regulations.

The Volkswagen scandal, not only questioned whether Volkswagen is cheating or not, but questioned strongly Europe’s permissive testing practices and the compatibility of American and European auto regulations. This scandal led to Trans-Atlantic trade talks to rapidly increase so the United States and European nations can agree to a mutual auto regulation rules. In Europe “the setting of the engine and of the vehicle’s controls shall be those prescribed by the manufacturer;” making Volkswagen alteration of engine settings not a clear cut violation of European rules. But what makes the debate become such a big issue is that roughly 11 million Volkswagen vehicles carry the software, which about 500,000 are in the United States alone. This can cause Volkswagen to lose billions of dollars despite the penalty enforcements by auto regulators in Europe are very passive and rare.

Volkswagen came out by stating they are “committed [themselves] to fixing the vehicles.” Volkswagen is being comprehensible and trying to fix the issue that they commenced. As stated by Ms. Caudet, “European legislation implies that a vehicle must use the same engine setting during the regulatory emission test and in real driving,” which would make Volkswagen’s actions a violation against European auto regulations. The situations at hand continued to cause tension when the Environmental Protection Agency discovered that Volkswagen used another defeat device in some larger cars and sport utility vehicles that had not previously been implicated” making the cost to fix the issue grow substantially. In the end, the European system is known for its loopholes, for “allowing automakers to test preproduction vehicles that will never be sold” but actions need to be done so auto regulation rules in Europe and the United States, through the Trans-Atlantic agreement, can become more enforced. The “phony system of testing” as described by Gerben-Jan Gerbrandy, a Dutch member of the European Parliament, must be improved and by “simply making the road emission tests easier to pass,” is simply not the right step by the European government.

Michael is a sports management major at the Stillman School of Business, Seton Hall University, Class of 2018.

Marissa Mayer, CEO of Yahoo, Accused of Discrimination Against Men

Posted by Ashley Torres.

In July of 2012, Marissa Mayer became both the President and Chief Executive Officer of Yahoo!. During her time within the company, she has found herself involved in many lawsuits, and is yet hit with another. Recently, in the San Jose District, a former media executive known as Scott Ard filed the lawsuit against Mayer. He is accusing her of running a campaign that discriminates against male employees, specifically. His reason behind this alleged accusation includes Mayer’s implemented “use of the employee performance rating system to accommodate management’s subjective biases and personal opinions, to the detriment of Yahoo’s male employees.” Mayar states the employee performance rate system has improved their overall performance, but Ard believes he was fired not because of his performance, but because of his gender.

Besides just accusing Mayer, Kathy Savitt, former chief marketing office, and Megan Liberman, editor in chief, are also involved in the lawsuit for discriminating against men. As evidence of this accusation, the lawsuit alleges that 14 of the 16 senior-level editorial employees were female whom were purposely hired by Savitt, while firing men because of their gender.

In February of 2016, there was another filed lawsuit with similar accusations. A former employee by the name of Gregory Anderson was fired, while he attended a fellowship at the University of Michigan. Anderson too believed that he was fired because of his gender and not his performance because when he asked to view his documentations with his performance that supposedly resulted in his termination, Anderson was denied. Both Anderson and Ard are represented by the same attorney, Jon Parsons, in which he declined in making any comments.

Ashley is an accounting major at the Feliciano School of Business, Montclair State University.

Tax Fraud – Tax Services

Posted by Magdalena Jasionowska.

Precision and honestly are fundamental when it comes to accounting. Any error can have some consequences, but it is important to remember that fraud is a serious crime. Here is a brief summary of the most recent tax fraud cases.

Christopher Haynes, a franchise owner of Liberty Tax Service has been preparing false income tax returns in order to increase clients refunds at three franchises. A federal court has permanently barred the franchisee for all three locations, and Christopher Paul Haynes of Irmo, South Carolina, from preparing federal tax returns for others. Christopher Haynes and his employees prepared returns that included misstatements such as false or increased Schedule C income and expenses, false filling statuses, number of dependents and inappropriate employee business expenses.  Haynes’s Liberty Tax Service offices have prepared more than 9,700 federal income tax returns since 2010 and and for that reason they have to provide the government the list of all their costumers whom he and his employees prepared a return from 2010 till todays day.

Nicole Coleman,34, the owner and operator of Comunnity Tax Assosociates was sentenced on Wednesday to 36 months in prison for obtaining more than $1.65 million in fraudulent tax refunds. “Coleman, filed federal income tax returns for herself and clients and knowingly made false entries to inflate refunds for clients. Coleman then took a portion of the refunds as a fee.” She, definitely harmed her clients, who trusted her to prepare and file their income tax returns.

An attorney William Doonan, 69, who operated a tax preparation in  Bronx, New Yoork, has pleaded guilty to charges related to his participation in filing fraudulent returns and falsely claiming more than $6 million in bogus deductions. Since 2009, Doonan regularly prepared and filled clients returns that were fraudulent. He’s been adding false medical expenses, state and local taxes, home mortgage interest deductions, charitable gifts and other expenses.

In conclusion, fraud, embezzlement, and misappropriation can occur in every type of business, even in accounting, the most trusted profession.

Magdalena is an accounting student at the Feliciano School of Business, Montclair State University.

New Contract for Costco

Posted by Rafaela Andrade.

Costco wholesale store is now using new Visa credit cards and no longer American Express after fifteen years.  Under a new contract, Citigroup, Inc. will now be the issuer for their credit cards along with Visa, Inc. Early this year, Costco reported that their earnings were not met and the stock price had dropped. The reason why the wholesale store left and would not renew the contract with American Express is due to economic reasons. When the news of this broke to the public, the “credit- card company’s stock fell 6.4%.”

Costco only accepted American Express for the past fifteen years. The wholesale store represented around $80 billion of their business and just on interest it was about $14 billion. This was clearly a major hit for American Express. AmEx is also limited in certain retail stores. It is said that even though AmEx offers great rewards it is costly for the merchants, costing the retailer about 3.5% where Visa and MasterCard have a cost around 2-3% or less. Costco members will have rewards and allowing them to use their new Visa cards where they are accepted.

American Express provided deals to the members such as 3% cash back on gas, 2% cash back on restaurants and even when traveling, 1% on Costco purchases and other purchases. Visa offers 4% cash back on gas, 3% cash back on restaurant and eligible travel purchases, 2% cash back on purchases from Costco, and 1% on all other purchases. This deal is great way to get extra cash and there is no annual fee for the credit card. Many Customers are happy with the results while others are not as happy. Costco had to do what is best for the company (enter a new contract) in order to keep generating business.

Rafaela is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2018.

Sources:

http://www.latimes.com/business/la-fi-costco-visa-20150302-story.html

http://www.marketwatch.com/story/5-things-to-know-about-the-costco-and-amex-breakup-2016-02-11

New York Investment Banker Convicted of Embezzlement

Posted by Aliyah Ponton.

A former executive, Andrew Caspersen, at a New York investment bank admitted swindling investors of more than $38 Million. As a result, he was sentenced to four years in prison. During court he told the U.S. District Judge, Jed Rakoff, “I chose gambling over everything.” The Judge cited his gambling as a reason for leniency. Andrew Caspersen is 40 years old and is a graduate of Princeton University and Harvard Law School. He also defrauded his job, PJT Partners Inc., of over $8 Million.

Caspersen is the son of the late Finn M.W. Caspersen, who was a philanthropist and former chief executive of Beneficial Corp. “I destroyed my family’s name,” said Caspersen. In the court room it was packed with family and friends as well as members of organization he has joined. Many of his friends and families argued for leniency to the judge. Rakoff imposed Caspersen’s prison term by giving him way less then the 15 years that was entitled for by the sentencing guidelines and also less than the 7 ½ years recommended by the Probation Department.

Caspersen stole from his friends, family, and from investors. He took advantage of his Wall Street pedigree and even stole from charities. “Using his Wall Street pedigree, Andrew Caspersen deceived and defrauded investors – including his own family and friends and a charity – out of tens of millions of dollars,” said the U.S. Attorney Preet Bharara. When faced by the judge Caspersen said that he was dedicated to continuing treatment for his gambling addiction but Assistant U.S. Attorney Christine Magdu said Caspersen failed to follow through with his gambling addiction treatment. She also added that Caspersen quit therapy after only seven sessions. In the end, after going to court and fighting for leniency, Caspersen was sentenced to 4 years in prison.

Aliyah is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

Source:

http://news.findlaw.com/apnews/feb61e4e2ac8475b9110b70ba45e9928

http://abcnews.go.com/US/wireStory/executive-ny-bank-years-prison-38m-fraud-43313982

McDonald’s’ Lawsuit

Posted by Nick Farkas.

A McDonald’s’ franchise in California has repeatedly gotten into legal trouble throughout the past few years because they were not paying and recording the overtime of their employees correctly. The Smith family owns the franchise and have around 800 employees working for them. They initially settled the claims for $700,000 but did not learn from their mistakes.

McDonald’s is not entirely liable because it is a specific franchise involved; however, they are going to pay the $1.75 million in damages and $2 million in legal fees to protect the brand. McDonald’s has also agreed to train the Smith family on the use of corporate software designed to ensure compliance with California’s distinctively strict employment laws.

This is not the end of McDonald’s’ lawsuits and it is certainly not the beginning. Earlier this month, a union-backed group filed sexual harassment complaints on behalf of workers. McDonald’s has to decide which cases are worth fighting, and which cases they should automatically plead guilty. These decisions are based on risk and image.

Nick is an accounting major at the Feliciano School of Business, Montclair State University.

Florida Death Penalty

Posted by James Awad.

Florida’s death penalty law has been slightly changed after their Supreme Court ruled that there needs to be unanimous support from the jury to sentence someone to death.  This means that in Florida you now need ten or more jury member’s consent to use the death penalty.   The issue had been raised by Timothy Hurst “a death row inmate whose appeal led lawmakers early this year to rewrite the state’s death penalty law”.  He believed that the death penalty was a violation of his Eighth Amendment right.   In light of the court’s decision the justices of Florida “also ordered that Mr. Hurst have a new sentencing hearing for his conviction for a 1998 murder in Escambia County, in the Florida Panhandle.”

There are about thirty states that still have capital punishment and most of them require that there be unanimous support by the jury.  This highlights the movement toward eliminating the death penalty altogether in the United States.  Many people do not agree with it and about twenty states have banned it such as New Jersey and New York.  There are a large group of people who say that it violates your Eighth Amendment right which pertains to cruel and unusual punishment.

In Florida “The Florida Department of Corrections said Friday that the state was housing 385 prisoners who had been sentenced to death”.   It seems that now that the law has changed, many of these men and women will receive retrials and most likely get their death penalties taken away.  Most of these people, like Mr. Hurst, have been appealing and prolonging the process for years.  In the case of Mr. Hurst, he had avoided the death penalty for more than fifteen years through appeals.

James is an accounting major at the Feliciano School of Business, Montclair State University. 

Gambling Addiction Leads to Embezzlement

Posted by Anas Khalil.

A former executive at a New York investment bank who admitted defrauding investors of more than $38 million was sentenced to four years in prison by a judge who cited his gambling addiction as reason for leniency.

Caspersen is a gambler and an alcoholic who put his family members and friends in a situation of losing millions of dollars through an elaborate scheme involving a make-up of a private equity ventures, with a fake mail addresses, and a fake fictional financier. Caspersen had a gambling illness that once he hit a high of over $100 million one day and bet it all the next on whether the market would go up or down. Thus, he was left with nearly nothing at the end of the trading day.

I think Caspersen’s family members and friends who lost millions of dollars should’ve know that an alcoholic gambler should never have an access to big chunks of dollars. A person who is addicted to gambling will not take a consideration that the money he is using does not belong to his pocket and that he is responsible to turn back the money to who it belongs. However, Caspersen will just gamble with all the money he will have an access to thinking he will earn back the money he lost.

When you have big money, you should be more aware of how you invest your money and to whom you lent it. Caspersen’s family members and friends should have never lent Caspersen any money the minute they knew that he was an alcoholic and a gambler, but unfortunately it is too late to say this.

In conclusion, Caspersen imposed a prison term that fell well short of the 15 years called for by sentencing guidelines or the 7 ½ years recommended by the court’s Probation Department. Caspersen is now going to face jail time which is the lesson for every criminal that breaks the law and put other people in impasses.

Anas is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2018.

Naked Juice is Not as ‘Naked’ as it Claims

Posted by Navjoat Aulakh.

PepsiCo’s famous ‘healthy’ beverage line, Naked Juice, is being stripped down and exposed for it’s misleading marketing tactics.  The line of beverages features images of various fruits and vegetables, and claims to be ‘all natural’.  The CSPI (Center for Science in the Public Interest) has argued that “a single 15.2-ounce container (the smallest option) contains 61 grams of sugar, about 50% more sugar than a 12-ounce can of Pepsi”.  The American Heart Association’s suggested sugar intake is 37.5 grams a day, PepsiCo’s Naked Juice almost doubles this suggested amount.

Although the lawsuit is less than two months old, it is expected to make impact in due time.  CSPI is asking that the company be more transparent in the ingredients of the drink, and to compensate monetary damages to customers.  Although the compensation of damages is not likely, PepsiCo will most likely have to change it’s marketing tactics.  The CSPI has a strong history of exposing the misleading marketing of products, and has even caused changes in rival companies such as Coca-Cola.

Navjoat is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

2016 – Page 2 of 13 – Blog Business Law – a resource for business law students

Posted by Kieran Tonero.

Throughout the last four years many scammers have taken advantage of homeowners and business owners who lost properties during Superstorm Sandy.  State officials have reported that scams that relate to Superstorm Sandy total $20 million.  Many residents in Ocean County have been affected by Sandy-related fraud.   The Ocean County Prosecutor’s Office has prosecuted more than 50 cases.  Many of the cases involved contractors who took advantage of people that were looking to rebuild their houses and businesses.  Some schemes that have been investigated so far include contractors that have not registered with the Division of Community Affairs and contractors that have taken money and failed to finish or even start jobs.

One of the most prominent cases in Ocean County involved a couple who owned two repair businesses.  The couple was charged with “…taking more than $1 million from storm victims and using the money to gamble or buy luxury items instead of making the repairs” (Spoto).  The couple was charged with theft by failure to make required disposition of property, money laundering, misconduct by a corporate official, tampering with public records, filing a fraudulent tax return, failure to file a tax return and failure to pay tax. The state attorney General Christopher Porrino said that “…20 owners paid the couple and their companies more than $1 million to repair, elevate, or rebuild their homes but work was either never started or abandoned in mid-stream” (Spoto).  It is truly remarkable that many of these contractors took advantage of people after one of the worst storms in the history of the tri state area.

At last, another case that got attention for Hurricane Sandy fraud involved an Ocean County motel owner who falsely claimed he provided refuge to Hurricane Sandy victims in the aftermath of the storm.  Sandipkumar Patel admitted that he took $81,567 from the Federal Emergency Management Agency.  The money from FEMA was meant to provide transitional housing for storm victims.  According to the article Patel billed the federal government for housing 11 people in the wake of the storm.  The state investigation found that eight of those people never stayed there while the three others were there for a shorter time than Patel claimed.  Patel also used names of family members who were found to be not displaced by the storm.  Patel will serve three years in prison while pleading guilty to second-degree theft by deception.  Patel has also paid full restitution.

Kieran is a graduate accounting student with a certificate in forensic accounting at the Feliciano School of Business, Montclair State University.

Posted by Leandro Iglesias.

The article “There Should be No Special Deal for Tax-Evading Cameco,” written by Murray Dobin describes Cameco, a Canadian based uranium mining colossus, that is currently facing charges in Federal Court by the Canada Revenue Agency for avoiding $2.2 billion in Canadian income taxes. As the article states, this case has been delayed for years and the fact that it has finally made it before a judge is good news. However, as we discussed in class, a lot of these forensic cases end up with companies settling and individuals are usually not held responsible. Because of that, it is important that Cameco’s case does not follow the same path, and that Cameco is held responsible for all its wrongdoings and not allowed to settle for any less. Cameco has been so arrogant in its tax avoidance, that it does not even bother to justify their tax planning and just states that they are following relevant laws and regulations. In order to bring attention to off-shore tax havens and to stop companies from abusing such tactics, Canada needs to make an example of Cameco.

As the article states, Cameco’s tax avoidance started in 1999, where they drafter Cameco drafted a 17-year uranium supply agreement at a fixed price of $10 a pound. In 1999, $10 a pound was the reasonable market value. However, as you can imagine, over the 17-year period it is obvious that price would change. As Dobin notes, “That world price went to almost $140 a pound in 2007 and is now around $35.” In order to understand the problem with the above scenario, we need to mention that the Canada corporate income tax is 27%, compared to the 10% tax rate in Switzerland. By the transfer pricing agreement, Cameco was paying Canadian income tax on revenue up to that $10 threshold, but any revenue above that was being paid in Switzerland, at a much lower 10% tax rate. As stated above, prices increased substantially from the 1999 market value, and so Cameco was benefiting of this transfer pricing agreement. The reason why this is a big deal is because the uranium was in Canada, and most of the uranium was also sold in Canada. Cameco would purposely sell its uranium at a lower $10 price to its subsidiary in Switzerland, and then recognize any revenue above $10 in Switzerland instead of in Canada, in order to avoid paying a higher Canadian income tax rate. However, as noted, an insignificant amount of revenues was actually coming from Europe.

This case sheds light on the intriguing topic of transfer pricing. Although Cameco is not a known company in the US, this case relates to the current news on Apple. Apple is facing a US$15 billion tax bill from the European Commission for its abuse of transfer pricing in Ireland. Many companies use transfer pricing to avoid paying higher taxes, which is not illegal. However, Cameco’s revenue is not generated in Switzerland, and they have no full-time employees or even an office location in Europe. Dobin states, “Virtually all the substantive work was performed in Canada. All of the uranium is mined in Canada, all of Cameco’s sales are negotiated and completed in Canada, and literally all of its profits are generated in Canada. The company’s scheme is pure scam which is why fair-tax activists in Saskatchewan call the company Scameco.”

There are ways in which transfer pricing can legally be used to decrease their tax burden, however companies are not allowed to create operations in foreign countries with the sole purpose of tax avoidance. As the article states, there is no operating business reason for Cameco to be in Europe; they neither mine uranium there or make sales abroad. The sole purpose of Cameco in Europe is tax evasion, and as a result they should be found guilty of tax evasion.

Finally, I found this article intriguing because it relates to topics we discussed in our “Legal Issues” class, and also in our Forensic Accounting class. Transfer pricing is just one of the ways in which corporations are boosting their profits, and loop-holes will always exist, hence why tax law and accounting law is always changing. Because of this reason, I believe the demand for forensic accountants is increasingly growing. Furthermore, when cases like Cameco are brought up, they usually all end up the same way, with corporations settling with the Government. I think it is important for corporations and individuals to be held responsible for their wrongdoings, and until that happens, corporations will keep on believing they can get away with it. Forensic accountants should play a bigger role in discovering and investigating cases like the one described in this article.

Leandro is a graduate accounting student with a concentration in forensic accounting at the Feliciano School of Business, Montclair State University, Class of 2017.

Posted by Heidy Sanchez.

Chipotle Mexican Grill, is an fast casual restaurant which is known for specializing tacos and burritos. Their priority is to serve fresh organic food by hand nationwide, yet things took a drastic change after they announced their temporary closure. The E-coli controversy began in August 2015, when more than 200 people were sickened with norovirus after eating at one of its restaurants, according to the article Every Day’s a Safety Drill as Chipotle Woos Customers Back written by Stephanie Strom. This incident lead to another 64 people, who were affected with salmonella poisoning. Yet it was not until November, when the Chipotle company announced it had closed a string of stores across the Pacific Northwest because of E. coli contamination. Chipotle Mexican Grill took drastic measures to ensure the safety of their food to their customers in order to keep their reputation intact as well as their profits.

Strom states that more than 2,000 Chipotle’s Mexican restaurants were forced to use a digital kitchen timer, which gave employees a regular reminder every 30 minutes to wash their hands in order to prevent any similar problems in the future. The company established a new position of “food safety leader” to ensure that workers followed the orders and suggestion of Dr. Marsden, a food safety expert that Chipotle hired. Dr. Marsden long history of dealing with food-safety crises allowed him to create an innovative idea that would permit managers to check workers every morning for illnesses, to regularly check the temperature of food, to removing any possible contamination of the vegetables used in the restaurant. These procedures included drizzling chopped tomatoes, onions, jalapeno and avocados in citrus juices after they were immersed in hot water to kill germs on their peels, and rinsing and draining the lettuce and later submerge it in a vinegar solution. Dr. Marsden suggested marinating the chicken in the evenings to reduce risk of contamination. Chipotle’s efforts have been slowly paying off. “Robert Gravani, who teaches food safety at Cornell University, said what he had heard about what Chipotle was doing under Dr. Marsden’s direction seemed good (Strom).”

Chipotle’s controversial E-Coli caused their reputation and sales to decline and they have managed to work through this issue by creating innovative ideas. According to Strom  “Some sales have returned, but more slowly than investors expected, and shares have fallen 45 percent in the last year.” This ultimately lead to the company’s bad reputation amongst customers, not to mention the decline in stock prices. Overall, Chipotle has  managed to enhance food safety among its suppliers in order regain public’s confidence as well as their profits. Although, it is currently safe to eat Chipotle now, I would have stopped eating it  during the E-Coli controversy. Chipotle has currently recovered and their efforts to bring back their clients and increase sales are now paying off.

Heidy is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2019.

Source:

Posted by Ricardo Collado.

One of the most awkward questions you can be asked in a job interview is “What are you salary requirements?” or “How much are you making in your current job?”. Massachusetts has become the first state to bar employers from asking about applicants’ salaries before offering them a job. The new law will require hiring managers to state a compensation figure upfront, based on what an applicant’s worth is to the company, rather than on what he or she made in a previous position.

Massachusetts governor Charlie Baker signed a law, which goes into effect on July 1, 2018. The pay disparity between men and women is still pronounced nationwide, even the size of the gap is in dispute. This bill is being pushed  as a model for others states, as the issue of men historically outearning women who do the same job has leapt onto the national political scene. A new research from career site Glassdoor, which analyzed pay by job title at individual companies, said women earned 94.6 cents for every dollar earned by men in the same positons. Also the law will require equal pay not just for workers whose jobs are alike, but also for those whose work is of “comparable character” or who work in “comparable operations.” Workers with more seniority will still be permitted to earn higher pay, but the law effectively broadens the definition of what is equal work.

“I think very few businesses consciously discriminate, but they need to become aware of it,” said State Senator Pat Jehlen, a Democrat and one of the bill’s cosponsors. “These are things that don’t just affect one job; it keeps women’s wages down over their entire lifetime.” For example if  you are in a job interview and a hiring manager asks you how much you make or how much you are looking for, Sethi, HR consultant, says you should say something like, “You know what, I’m happy to discuss money down the road, but right now I’m just trying to see if there’s a good fit for both of us. I’m sure you’re trying to do the same thing.”

Massachusetts joins at least 12 other states that already require companies to let employees compare notes about how much are paid. Massachusetts has created a new wave, not only to close wage gaps but to lower poverty rates and create a stronger economy for our country as a whole.                                                                       

Ricardo is an accounting major at Feliciano School of Business, Montclair State University, Class 2018.

Sources:

New York Times, http://nyti.ms/2aKzR5c

Business Insider, http://www.businessinsider.com/massachusetts-equal-pay-law-2016-8

Quartz, http://qz.com/749476/massachusetts-salary-history-job-interviews/

Posted by Karolina Staron.

A lawsuit was brought against Dannon Company, Inc for falsely advertising their yogurt brand. Dannon Company for years has claimed their popular product to be the healthiest on the market, ultimately pricing higher than competitors. Stating that daily consumption of the yogurt will reduce occurrences of colds and strengthen individual’s immune system. Consumers profoundly believed in the advertising, willing to pay a higher price.

One individual, however, challenged those claims. Trish Wiener suffered with digestive problems, the consumption of the yogurt that guaranteed digestive system improvements was intended to aid with the discomfort. Inspire of this, with time the yogurt failed to relieve the daily burden and Wiener began to question the accuracy of the advertisement.  “In its ads for the yogurts Dannon claims the products use exclusive strains of what are known as probiotic bacteria, [which] are live microorganisms, usually bacteria, similar to the beneficial ones found in the human digestive system. In the right amounts, they ‘confer a health benefit on the host.’” While, in fact no clinical testing has been accomplished to support the existence of probiotics in the dairy product.

Dannon Company, Inc. although denying any allegations against false advertising, has agreed to settle the Federal Trade Commission law suit. The settlement required acceptance to omit disclosing “scientific proof” benefit of their products. “Claiming that any yogurt, dairy drink, or probiotic food or drink reduces the likelihood of getting a cold or the flu, unless the claim is approved by the Food and Drug Administration.” The Company’s intention behind settling was forgo incurring additional expenses.

In the modern times, busy work schedule and daily tasks often take away time from properly planning meals and force people to rely on quickly obtainable foods. With a busy lifestyle people neglect the need to educate themselves on the quality of products they purchase. If the media states a specific food is beneficial to ingest, the statement is relied upon by the public without further questioning. This is only one case that has been brought to the public’s attention that addresses the topic of food quality and false advertisement. Many of the goods consumed on a daily bases possesses even lower value, yet are an accepted norm.  The lesson taken from this case is to inform ourselves on the supposed benefits of the purchased products, because in truth unless we grow and produce foods ourselves, we won’t know the true ingredients embedded in every product.

Karolina is an accounting major at the Feliciano School of Business, Montclair State University, Class of 2017.

Sources:

http://abcnews.go.com/Business/dannon-settles-lawsuit/story?id=9950269

https://www.ftc.gov/news-events/press-releases/2010/12/dannon-agrees-drop-exaggerated-health-claims-activia-yogurt

Posted by Nick Contey. 

In the past, Canada’s reputation against fraud has been nothing shy of embarrassing. Their inefficient methodologies created a hole in the financial fraud sector, giving little chance for victims to stand up against the suspects and letting convictions slip away. A perfect example has been the criticism towards the Integrated Market Enforcement Team of the Royal Canadian Mounted Police (RCMP) for not effectively doing their job. Since 2003, there have only been 5 convictions of white-collar criminals despite their annual budget of roughly $40 million. Regardless of Canada’s past performances, the future seems to be a bit more optimistic due to new regulatory and enforcement programs. The new era of their fraud administration aims to focus on developing the three previously inefficient areas, which are enforcement, regulation, and prosecution. It seems that Canada will not stop until they have completely revamped their fraud methodologies, having improvements coming from both federal and provincial bodies.

Since 2012, there have been numerous changes on both the federal and provincial side that give authorities high expectations when it comes to fighting fraud in the future. One federal change came from the RCMP, expanding the mandate of its Commercial Crime Program which allows them to tackle more types of fraud files such as investment fraud, securities fraud, and several more. One provincial change came from the Ontario Securities Commission (OSC) in 2013 where they created a new department called the Joint Serious Offences Team (JSOT). This innovative program creates more collaboration between federal and provincial bodies, giving authorizes a stronger chance of winning their fight against future fraud. The JSOT is a partnership team consisting of the OSC, the RCMP Financial Program, and Ontario Provincial Police Anti-Rackets branch. According the 2015 Annual Report by Ontario Securities Commission, the JSOT executed 69 search warrants, had seven matters under investigation, and commenced 31 cases. “Canada is notably the only G7 economy without a national securities regulator,” (Richdale and Teal, 2016). The lack of a national regulatory establishments has been due to certain Constitutional literature. However, the Supreme Court has been debating on allowing a combined tactic between federal and provincial bodies as long as there are no contradictions to the provincial nature of securities regulations under Constitution. Although it is not officially implemented the Cooperative Capital Markets Regulatory System is the first step in encouraging more collaborative methods against fraud. This system currently consist of British Columbia, Ontario, Saskatchewan, New Brunswick, Prince Edward Island, Yukon, and the federal government.

Ontario has been the leader in the fight against fraud establishing three other changes that have already shown a positive impact, the OSC’s Whistleblower Program, the OSC’s no-contest program, and the increase in litigation funding. Effective July 24, 2016 the program gives whistleblowers the opportunity to receive 15 percent of the total monetary sanctions ordered (a maximum of $1.5 million). Whistleblowers also have the possibility to increase their reward to $5 million if the monetary sanctions exceed $10 million and their participation in the case were a direct result of $1 million or more in monetary sanctions. The no-contest program began in 2014, where its focus is to settle cases without creating an extensive litigation process. “The OSC has already approved a number of ‘no-contest’ settlements, including a large $156.1 million settlement with CI Investments Inc. in February, as well as a $13.5 million settlement with TD Waterhouse and related Entities,” (Brigeeta and Teal, 2016). The process of increasing litigation funding aims to give victims the ability to recover their losses as a result of the committed fraud. This shift showed its true impact in 2012 when the Supreme Court allowed litigation funding for the Livent Inc. v Deloitte & Touche case.  “This funding arrangement ultimately allowed Livent’s receiver to pursue a costly 68-day trial against Deloitte. The trial judge awarded Livent damages in the amount of more than $84 million, (Richdale and Teal, 2016).” While Canada still isn’t considered a heavy hitter in the fraud investigation field, the effects of their recent changes show that their involvement will only get stronger.

Nick is a graduate accounting major with a concentration in Forensic Accounting at the Feliciano School of Business, Montclair State University, Class of 2017.

Source:

Richdale, B., & Teal, C. (2016, November/December). Canada fighting fraud with new laws, enforcement. Fraud Magazine, 31(6). http://www.fraud-magazine.com/article.aspx?id=4294994746

Posted by Ryan Borgo.

In 1977, the United States implemented the Foreign Corrupt Practices Act.  This act states that it is a crime to pay another country’s public official for favors.  Since this time many companies have been accused of disobeying this law and as a result were forced to pay a substantial fine or even faced jail time.  The company Embraer, a Brazilian aircraft manufacturer, are currently under scrutiny for violating this act.  The article related to this story by Forbes states “Brazilian aircraft manufacturer Embraer has agreed to pay $205m in fines to authorities in the U.S. and Brazil to settle a bribery investigation involving aircraft sales to Saudi Arabia, Mozambique, the Dominican Republic and India.”  This settlement was announced on October 24th, 2016.  These bribery payments had been reoccurring throughout the company for many years.  For example, in the article it states “Embraer had paid bribes to a number of government officials and other intermediaries in the four countries and falsified its records in connection with the sale of 16 aircraft in four deals between 2008 and 2011.”  Even though Embraer is a Brazilian company, if you are listed in the U.S (which Embraer was), you will still be subject to obey American corruption laws.

As a result of participating in these bribery transactions, Embraer earned a profit of $84 million dollars.  These bribery deals included a plethora of illegal business transactions.  For example, Embraer paid a government official $3.52 million dollars in the Dominican Republic in order to seal the deal on a contract to sell the Dominican Air Force military aircraft for $92 million dollars.  By offering these officials a bribe it gives Embraer an unfair advantage over its competitors that are looking to do business in the Dominican Republic.  It is also important to note that even if these officials did not accept the bribe, Embraer would still be charged as they still intended to offer the bribe.  These individuals who accepted the bribe were charged due their involvement in these illegal business transactions, as they accepted these bribes when they could have denied them and reported Embraer to the authorities.  In addition, in the following year Embraer “paid an agent $5.76m to secure the sale of three planes to the Indian Air Force for $208m.” As you can clearly see, Embraer has a long history of initiating bribery transactions amongst various countries.

The details of the settlement were highlighted in the article.  “The settlement announced today involves payment of a criminal penalty of $107.3m. In addition, Embraer is paying the SEC $78.2m and Brazilian authorities a further $20m. The investigation was carried out by the US authorities under the U.S. Foreign Corrupt Practices Act.”  Furthermore, the Brazilian Authorities have charged 11 individuals in the Dominican Republic for accepting these bribes offered by Embraer.  The business decisions taken by Embraer over the past years were insufferable and are considered unlawful in accordance with the Foreign Corrupt Practices Act.

It is not fair to other companies within the industry that complied with the law, as they may have lost many business deals as a result of the bribes committed by Embraer.  For instance, Embraer is considered the world’s third largest company in the sector.  However, much of this success may be as a direct result of the bribe transactions that they participated in the past.  Therefore, in my opinion, the other companies in this industry should be compensated as a result of Embraer’s actions.  Due to this settlement, authorities should closely monitor the future business transactions conducted by Embraer to ensure that they are legally sufficient.

Ryan is accounting graduate student with a concentration in forensic accounting at the Feliciano School of Business, Montclair State University. 

Posted by Francesca Mecionis.

The owners of America’s Test Kitchen filed a 39-page lawsuit against Christopher Kimball, and some of his other associates, on November 3. According to the suit, Kimball and his accomplices “conspired to literally and conceptually rip off” the Boston TV show. The reason for his actions were said to be for his personal benefit in order to help launch his new brand, Milk Street. There are accusations of “stolen customer lists and trade secrets, sneaky tactics to secure a radio deal, and new office space.” Kimball had a fiduciary responsibility to the show. However, the owners believed he had stolen their entire business model, “right down to how recipes are written,” and also had worked on his own project while still being employed by America’s Test Kitchen.

Kimball, in response to the suit, claims it is “absurd” and “was meant to generate publicity and to shore up the America’s Test Kitchen brand.” Yet, there is proof of his actions in writing. There was a forensic search of his emails, which showed “Kimball’s scrambling to set up his new business before he left the old one, securing copies of his work contacts and packing up his belongings.” In another email, Kimball wrote to his assistant, “Want to get ahead of the partners!” in regards to using the America’s Test Kitchen name to find a new office space for his business.

The lawsuit was issued in the Superior Court of Suffolk County of Massachusetts. The owners are hunting for “unspecified monetary damages, repayment of some of the compensation that America’s Test Kitchen paid Kimball and the people who left with him, and asks the court to prevent him and his new company “from exploiting information, assets and opportunities stolen from America’s Test Kitchen.” Lawyers are arguing that Kimball’s motivation to steal secrets from the show stemmed from when the board and investors pushed him out. In 2013, America’s Test Kitchen’s rating decreased dramatically, and the show responded by hiring a new set of employees. By 2015, a new CE whom outranked Kimball had taken over, and eventually he stopped showing up to work, telling his coworkers “he had been fired.” “Kimball, in an interview Wednesday, cautioned not to read too much into the allegations, saying most were false or twisted interpretations.” His legal team is preparing to go against these accusations, within this month. Hopefully, the truth will be revealed and both parties receive what they deserve.

Francesca is an accounting major at the Feliciano School of Business, Montclair State University.

Posted by Paul Della Vecchia.

The recent Bloomberg article “Wal-Mart Balks at Paying $600-Million-Plus in Bribery Case” written by Tom Schoenberg and Matt Robinson, depicts a long standing bribery case Wal-Mart participated in. The article is dated October 6th, 2016. Wal-Mart is said to have been paying foreign officials in Mexico, India, and China. They did this to take a fast track into getting into those countries. A fast track is speeding up the process to start a business in a country, and it allows them to get their business permits. Wal-Mart reported sales of $482 billion, and $14 billion in profits. In this case alone, “Wal-Mart has already spent $791 million on legal fees and an internal investigation into the alleged payments and to revamp its compliance systems around the world, it said” (Schoenberg and Robinson). These legal fees are starting to add up as the investigation goes longer, but Wal-Mart is not looking to settle. To settle the case, it would be $600 million.

Bribing foreign officials is illegal under the 1977’s Foreign Corrupt Practices Act. Wal-Mart tried to outsmart the system by “Calculating a fine based only on the amount of the alleged bribes, as the department has done in some cases, would yield a lower penalty, they said” (Schoenberg and Robinson). Companies are in the business of making money, and Wal-Mart looked at the pros and cons of this bribery. They believed that they would be able to actually make a profit off breaking the law, and to do that they ran calculations to see whether the fine would outweigh the benefit. Clearly it did not, because they were able to bribe their way to the top, and open more foreign companies. The case is so long standing, because the evidence the officials have is outdated. To work around this, the investigators are trying to look to more recent allocations of bribery from Wal-Mart in Brazil. As each day goes by, evidence becomes more outdated and less reliable. In 2011, “Wal-Mart disclosed possible violations in Mexico to the justice Department and SEC” (Schoenberg and Robinson). There wasn’t much done at the time, and now we fast forward to 2016 and that 5 year old evidence is not looking as clear. So the investigators are beginning to look elsewhere to try and solve this problem. The article also makes reference to attempts to find bribes in China, but to no avail.

Wal-Mart is looking to fight this case, because they are unsure what the criminal charges against them would be. If they decide to settle, the settlement “would rank among the highest levied under 1977’s Foreign Corrupt Practices Act” (Schoenberg and Robinson). The article relates the Wal-Mart case to the similar VimpelCom Ltd. and Siemens AG case. Both cases deal with bribing foreign officers to win business, and both settlements were higher than Wal-Mart. Judging the case off precedent and the increasing costs of legal fees, settlement should be a viable option for Wal-Mart. A company making $14 billion in profits should be able to sponge any damages done by their illegal acts. Wal-Mart does not want to settle, because they are unaware how it would affect their company. The timing is just not right at the moment to be spending the settlement costs, the article alludes to. “Wal-Mart said Thursday that net income for the year through January 2018 will be “relatively flat” as the company invests in its website and mobile app” (Schoenberg and Robinson). So if they have the option to clear their name and spend a little extra money or settle and have their brand slightly tarnished, they are going to fight for now. This way they are able to compete with Amazon in their work on their mobile app and website for online shopping.

Paul is an graduate accounting student with a concentration in forensic accounting at the Feliciano School of Business, Montclair State University, Class of 2017.

Posted by Michael Del Piano.

When people hear the word CPA, they think of an accountant that is normally behind a desk working on some taxes. However, this was not the case for Ronald L. Durkin. Durkin was not your ordinary accountant. Instead, he was an FBI agent that was working undercover to establish a business relationship between a crime ring and Durkin’s fake accounting firm. Durkin came into the face of danger early on in his investigation. When he was undercover eating dinner with some of the criminals, he accidentally pulled out his personal credit card to pay the bill. Luckily for him, he was able to get out of it by yelling at the waiter and accusing him of incorrectly charging them. This would not be the last time that Durkin would find himself in danger. On another occasion, Durkin was on SWAT duty and engaged in a fire-fight. After a great carrier, Durkin left the FBI to work in the private sector. Durkin worked for Arthur Andersen and then later was the partner in charge of fraud and misconduct for investigation for KPMG.

Another individual that did not follow the traditional path of traditional accountant was Letha Sparks. Sparks is well-known for her work of investigating a $100 million fraud involving life insurance policies. A&O Resource Managements Ltd.’s owners did not pay the premiums on the life insurance policies. Instead, they used the money to buy fancy cars and multimillion dollar homes.

Generally, people do not see accountants as crime fighters. However, forensic accounting has been widely used to catch white collar criminals. Accounting is one of the five “FBI Special Agent Entry Programs” that qualify an individual for possible employment. In fact, the FBI employs around 700 CPAs as special agents. They even have 600 forensic accountants employed. Another interesting fact is that not all of these forensic accountants that work for the FBI are CPA’s.

CPA’s and accountants greatly help the FBI catch criminals. I personally believe that it is important to let other people know the different kinds of roles that accountants can play. You do not always have to follow the traditional path of accountants and sit behind a desk doing taxes. There are other options available and the world needs forensic accountants to help catch criminals.

Michael is a graduate student in accounting with a certification in forensic accounting at the Feliciano School of Business, Montclair State University, Class of 2017.