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August/2009
Scherzer International's Blog: ScherzerBlog
 
Greetings!

SI's blog has really taken off in recent weeks and now we're adding educational materials to help keep our clients informed. Along with notices of changing legislation, we will continue to provide examples from actual investigations conducted by SI. Many of the subjects of our investigations have appeared in the headlines, but luckily our clients learned about them first from our risk management reports. Our case studies, industry news, and now real-time updates on changing legislation can all be found by visiting http://scherzerblog.com. As previewed in our last News Blast, we're now bringing you the story of why it pays to conduct criminal searches on companies, not just the individuals who run them, as part of your risk management strategy.

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One of the largest IRS cases in History


This investigation was requested by an accounting firm in connection with a prospective client transaction and included, among other elements, manual civil and criminal record searches on the company and its two principals. Court documents and media sources revealed that the subject company and four of its subsidiaries are under federal indictment for conspiracy and wire fraud as part of a multimillion dollar tax fraud scheme orchestrated by the companies' founder. In addition, one of the principals was recently sentenced to over 20 years in prison and ordered to pay restitution of $180 million to the Internal Revenue Service. The subject pleaded guilty to five felonies, including failure to collect and pay payroll taxes and obstructing a federal investigation. In what is reportedly one of the largest employment tax-fraud cases in IRS history, this individual attempted to justify his actions by claiming insanity. 
 
The company and its subsidiaries were also defendants in dozens of lawsuits for fraud and breach of contract with damage claims totaling over $220 million, in addition to filing for Chapter 11 bankruptcy. Several motions had been filed to dismiss the bankruptcy proceedings, one of which was made by the company's former accountants who were sued for professional negligence. In court papers, the accountants asked that the case be dismissed or converted to a Chapter 7 because "the only reason the debtor filed the petition was in an effort to help (the founder's) criminal case." The motion to dismiss also argued that the company has no chance to successfully reorganize because it is a "sham company used only for illegal activities," has no remaining employees and no income.
 
While civil litigation searches revealed the company's instability, the criminal search results helped bring the company's and its principals' mode of operation into focus.
 
In our next News Blast, we'll look at the importance of investigating all the major players in a business engagement.
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Issue: 3
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