Business, Financial and Investment Fraud - Detection and Resolution
Crisis Containment
Consultation - Examination - Crisis Management
It’s Not Personal, It’s Only Business…Identity Theft
By Alex Kwechansky
For three years
a fraud was perpetrated upon A2G Company Inc. of
The Company president (name withheld) couldn't understand what was
happening. He had signed all the tax payment checks himself. And
they had been prepared for timely submission by the company's CFO.
Little did the President know -- but the CFO would turn out to be a
corporate I-D thief.
And as the President was to discover, corporate I-D theft
would threaten the company, its staff, its lenders and its
very owner.
The goal of a corporate I-D
thief is to defraud the company through various methods including
embezzlement, diverting company revenue or masquerading as a signing
officer to cause financial and legal damage.
Thousands of companies could be victimized: Privately owned companies
present the largest number of potential victims. The more
recognizable the name -- the less likely it is to be a target; it takes ego and
daring to tell a banker that you represent General Motors and you need to
open another bank account.
The corporate I-D thief is likely to come from the inside. The person might be
a senior executive -- someone with intimate knowledge of the company's
finances. He or she may be a highly trusted individual with
virtually unlimited access to the books and money. This could
be the financial controller or the CFO. Even a 100-percent
owner might be abusing corporate I-D in an effort to evade taxes, hide
assets from lenders and investors or even conceal them from a
spouse's divorce attorney.
A corporate I-D thief will use a variety of methods to
steal money from the company. The thief can open a secret bank
account under the corporation’s name and deposit the company’s revenue into it.
The thief could also create a new company with a name that
loosely resembles the one now in existence. For example: An existing
company is called A2G Company, Inc. The new look-alike can be called
simply A2G Company.
How is
corporate I-D theft discovered? Undetected, the crime is rarely
apparent until it is too late. Leaving the company to chance, this type
of fraud becomes detectable if a company falls into
financial straits, there's a mistake in the cover-up or other unplanned
occurrence.
Companies must
conduct independent operations examinations for suspicion and detection of
potential fraudulent activities. Not performing such a study is like not
buying liability insurance because you have not yet had a claim.
The most difficult part of the discovery is to accept that someone who is
respected and trusted may be behind the caper. The lesson here?
No one should ever be above oversight.
Alex
Kwechansky, C.F.S, is a specialist in business fraud detection in
Buying a Condo Can Be Like Marrying on a Blind Date
"Condo owners are being hurt
in a way that private home owners are not," says Alex Kwechansky, CFS
(http://alextalksbusiness.com).
"When one condo owner in a
ten-unit building suffers foreclosure because he can no longer carry his
mortgage, he will likely stop paying his homeowner fees. " says Kwechansky
"Then all the other unit-owners are forced to make up the difference in
their homeowners fees."
That difference can be large if
there is a major repair that cannot wait.
It can also have a great impact
upon personal relationships among unit holders. "Some people will be able
to afford an increase in payments and others who can't may vote against
necessary projects," says Kwechansky. "That will create animosities."
Even if that homeowner recovers
financially, their relationship may not.
The collapse of the sub-prime
market is just one of the things that should concern a condo buyer.
Would a person get married after
only a first date? Of course
not!
Would a person buy a condo after the first visit? Well, very likely yes! In
either case one is being seduced into a commitment before knowing what the
relationship has in store.
In today's sub-prime situation,
this relationship is even riskier.
Like the person one marries, a
condo has characteristics good and bad. Its personality is reflected in its
unit owners, its regulations (in some areas called CC&Rs) and its Board of
Directors. And before buying in, the buyer may not be able to gauge whether
their future neighborhood and they are compatible.
Is the Board of Directors
controlled by involved homeowners or by tyrants who gain pleasure in imposing
legal and social power upon fellow owners?
A condo's regulations are legally
binding and control all legal, as well as, financial activities. One that says
"no dogs" -- means man's best friend is not welcome -- and neither,
possibly, are animal lovers. Other regulations can ban barbeques or a holiday
wreath on a front door or even a snack at the pool.
Alex Kwechansky is a Certified
Fraud Specialist in
Here are some situations a new
owner needs to recognize and beware of:
Board members are unpaid. Some
members serve reluctantly (no one else wants the job, etc.), some enjoy the
involvement while others enjoy a feeling of power over their fellow residents.
Unresolved disputes must be
handled by the Board and create stress between residents that can escalate to
virtual war. While the regulations structure conduct, personalities may weaken
these rules by mixing personal relations with arms length regulations.
Accusations of favoritism frequently arise.
A dispute's inertia may cause
individual Board members to fear opposing other Board members to stop an action
or to settle. They fear being accused of favoritism or creating a precedent
that may undermine the regulations. Finding themselves in a no-win situation,
they allow these minor issues to grow into a lawsuit where a judge decides the
issue. The judge can end the legal dispute but cannot restore harmony between
residents, not to mention acts of revenge or reprisal.
When these issues fester, one
begins to consider simply moving away. A homeowner may feel forced to decide
between peace or place. The financial and disruptive costs to move again may be
prohibitively high. Non-payment of one's homeowner fees becomes a possible
short term source of moving money in a dispute or eviction.
In the event of legal action taken
by a Board, all the residents are equally responsible for the legal expenses.
This includes an equal contribution demanded from the party being sued. The
defendant homeowner contributes to the lawsuit against them. Their own legal
expenses are their own additional expense.
An owner can find himself as the
outsider of a social group, or what Kwechansky calls, a "power
group". This group believes they have a special position within the
community. While not legally enforceable, these formations can cause one to
feel ostracized in their own home. This feeling may seem similar to the social
cliques once experienced in school.
In a condo, each owner becomes
financially responsible for the other. If one owner fails to pay their share or
disputes a demand, the other owners may have to pay more to cover for that owner.
This has become a bigger risk in sub-prime foreclosures. While these funds
should be legally recoverable, that process may take months or even years.
Property management firms that
handle the funds of the association must provide clear and verifiable information
about cash balance, receipts from each homeowner and expenses paid. While this
request seems clear enough, Alex Kwechansky is investigating a case in
Through litigation, the management
firm has disclosed that it co-mingles the funds of all its clients Resident's
Associations into one bank account. Direct verification of each association's
cash balance is impossible due to the combining of all the deposits and
payments of all the associations' funds. This inability to reliably verify such
an essential element has led to distrust and litigation that has substantially
exceeded the original amount contested by the homeowner. The client chose peace
over place and moved while the dispute continues in court.