Do you need assistance preparing for litigation or a trial? We have over 27 years of preparing cases for prosecution, litigation and trial. We are adept at organizing information, witnesses and exhibits; conducting interviews; analyzing records; and preparing trial exhibits and diagrams.
Have you received a tip or complaint about possible fraud or exposure to civil or criminal law? Give us a call early after receiving complaints or tips and we can work with you to identify and resolve the issues. In our experience, people who filed Federal False Claims Act, or Qui Tam, cases usually brought up these issues internally or to the Government before filing their lawsuits, but their complaints were not looked into. Let's look into these complaints before they literally become a Federal case.
The False Claims Act Qui Tam provisions are found at 31 USC 3729-3733. It allows persons and entities with evidence of fraud against government programs to sue on behalf of the US government. The government has the right to join the suit. The person/entity bringing the suit gets to share in the proceeds of monies recovered.
If you have information of fraud committed against US Government programs, we can assist your counsel in preparing your suit to ensure the best possible reception by the US Government.
Do you think your organization has some vulnerabilities that may have resulted in fraud? The Association of Certified Fraud Examiners (ACFE) reports that organizations lose an estimated 5% of annual revenues to fraud. This is based on interviews and surveys of thousands of CFEs internationally that have investigated the frauds. (2018 Report to the Nations).
Internal vulnerabilities are a key aspect of how frauds are committed. A fraudster needs motive, opportunity and means. If an opportunity exists, and they already have the motive due to a personal financial hardship or a perceived wrong by the organization, it may not take much for the employee to find a way to commit the fraud. Let's shore up the opportunities and means so we can deter fraud in your organization.
The ACFE's studies also showed that organizations with hotlines had fraud losses that were 50% smaller than organizations without them. Listen to your tipsters and call us for assistance.
Have you lost money to internal skimming or other forms of theft? Asset misappropriation is the occupational fraud committed most often. This includes theft of cash on hand, cash receipts, fraudulent disbursements and theft of inventory.
Financial Statement Fraud results in the largest losses to organizations and shareholders, etc. This includes overstating or understating net worth and net income by overstating/concealing liabilities, fictitious/understated revenues, improper asset valuations, and improper disclosures.
Corruption is another form of occupational fraud. According to the ACFE, 70% of corruption cases were committed by someone in a position of authority, such as a manager or owner/executive, while employees made up 27% of cases. Some red flags of corruption include living beyond their means, close relationships with vendors, financial difficulties, and having a "wheeler-dealer" attitude.
The ACFE's studies found that small businesses lose almost twice as much per occupational fraud scheme than do larger firms (of 100+ or more employees). 42% of frauds were caused by lack of internal controls. Small businesses were more likely to face frauds involving billing schemes, check and payment tampering, expense reimbursement schemes, skimming cash and cash larceny and payroll schemes. We can help you research and investigate these issues and prepare the case for prosecution or civil recovery.
*ACFE studies mentioned came from their 2018 Report to the Nations.