Jun 19

A Classic Coase Solution to a Modern Problem: The CrossFit Dispute

A recent Wall Street Journal (“WSJ”) article brought to my attention a very “2K15” problem, urbanites in many of the nation’s big cities are struggling to deal with the annoyance of living next to CrossFit gyms. CrossFit is a highly intense workout regimen which has in the last several years become hugely popular. Many of …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/a-classic-coase-solution-to-a-modern-problem-the-crossfit-dispute/

Jun 04

Expert Can Still Testify, Despite Opinions Being Thrown Out

A recent case illustrated how expert testimony may still be appropriate even when all of the expert’s actual opinions are deemed inadmissible.  In Ross v. Rothstein (March 12, 2015), the Court concluded that an expert’s testimony still offered information helpful to the Court with regard to underlying facts that supported his improper (legal) opinions.  The Court cited …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/expert-can-still-testify-despite-opinions-being-thrown-out/

Jun 01

Investors Accuse Ernst & Young Accused of Being Complicit in Bribery Scandal

CtW Investments Group (“CtW”), which represents a group of minority shareholders in Wal-Mart, has accused the firm’s external auditor Ernst & Young (“E&Y) of having had early knowledge of Wal-Mart’s violation of the Foreign Corrupt Practices Act related to bribery allegations in Mexico. In a letter to the Public Accounting Oversight Board, CtW reports that …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/investors-accuse-ernst-young-accused-of-being-complicit-in-bribery-scandal/

May 31

The Cancer Fund of America and Its Related Charities Are Called a Fraud

An alleged fraud was recently uncovered at The Cancer Fund of America and its related entities, including The Breast Cancer Society and The Children’s Cancer Fund of America. James Reynolds and his family members are believed to have stolen $187 million from donors in these charities over five years and spent the monies on lavish …

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Permanent link to this article: http://betweenthenumbers.net/2015/05/the-cancer-fund-of-america-and-its-related-charities-are-called-a-fraud/

May 21

Court Requires Expert Witness to Have a Body and a Brain

A recent case addressed the interesting question of whether a corporation could serve as an expert witness.  The matter involved a breach of fiduciary duty case coordinated with an appraisal proceeding, in re Dole Food Company (“Dole”).  The defendants designated Stifel, Nicolaus & Company, Incorporated (“Stifel”), a corporation, to serve as their expert witness regarding …

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Permanent link to this article: http://betweenthenumbers.net/2015/05/court-requires-expert-witness-to-have-a-body-and-a-brain/

May 16

GAO Tells SEC to Look in the Mirror Regarding Internal Control Failures

The U.S. Government Accountability Office (“GAO”), a government watchdog group, recently reported the results of its 2014 audit of the Securities and Exchange Commission (“SEC”) financial statements.  The findings included (i) troubling reports of internal control failures at the very agency tasked with policing the reporting activities of others and (ii) warnings of vulnerability to …

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Permanent link to this article: http://betweenthenumbers.net/2015/05/gao-tells-sec-to-look-in-the-mirror-regarding-internal-control-failures/

May 06

IRS Workers Found to Have Evaded Tax Payment

A recent report indicated that over a 10 year period approximately 1,600 Internal Revenue Service (“IRS”) employees willfully evaded their tax obligations.  The wrongful activity included: failing to file timely claiming improper dependents claiming improper first-time homebuyer credits The law calls for the termination of such employees unless it is waived by the IRS commissioner. …

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Permanent link to this article: http://betweenthenumbers.net/2015/05/irs-workers-found-to-have-evade-tax-payment/

May 04

Compliance Officer Gets Whistleblower Award

The U.S. Securities and Exchange Commission (“SEC”) recently announced an award of $1.4 – $1.6 million provided to a compliance officer of a large company. Neither the company’s nor the officer’s name was made public due to confidentiality laws, but the information was reported to having pertained to significant financial harm to the company and/or …

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Permanent link to this article: http://betweenthenumbers.net/2015/05/compliance-officer-gets-whistleblower-award/

Apr 15

SEC Takes Action on Overly Restrictive Confidentiality Agreements Affecting Whistleblowers

A recent enforcement action by the Securities and Exchange Commission (“SEC”) is the first of its kind, concerning improperly restrictive language contained in a company’s confidentiality agreements that could potentially impede whistleblower rules and protections. The SEC charged KBR Inc. with violating Rule 21F-17 under the Dodd-Frank Act by requiring witnesses in internal investigations to …

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Permanent link to this article: http://betweenthenumbers.net/2015/04/sec-takes-action-on-overly-restrictive-confidentiality-agreements-affecting-whistleblowers/

Apr 12

Pro-Athlete Lending Firm is an Alleged Ponzi Scheme

A Florida based financial advisory involved in professional athlete lending has been charged with defrauding its clients. On April 7th the Securities and Exchange Commission (“SEC”) charged William D. Allen and his business partner Susan C. Daub with running a Ponzi scheme which promised investors 18% returns, however a sizable portion of these “returns” were …

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