Forensic Accounting

'One-off' asset recovery across borders – Forcing third parties, facilitators and fronts to pay when the fraudster has fled

The collapse of a financial crime or fraud scheme is merely the beginning of a long road the victims must travel to recover their stolen funds. In most cases, the fraudster or other financial criminal has fled and the stolen assets are well-hidden or have been dissipated. A growing body of tools and legal precepts has arisen in recent years to help victims recover assets from third parties. This is a process that IAAR calls “one-off” recovery.

Follow the money, find the fraud

By: 
Tracy L. Coenen, CPA, CFF
Date: 
09/19/2011
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Forensic accounting has been around for decades, but only in the last 10 years have people become aware of the profession on a wide scale. In this article, originally appearing in the Wisconsin Law Journal, IAAR expert speaker Tracy L. Coenen gives her best practices to tracing frauds. Download now...

SEC needs more clout, not less

By: 
IAAR Staff
Date: 
08/05/2011
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At least one lawmaker seems to want the Securities and Exchange Commission to become irrelevant. The regulator has had its problems. But a Republican bid to reshape it seems meant to hinder, not help. There’s room for improvement, but with its duties growing, the watchdog needs more staff, more money and a buffer against Congress. The New York Times, Thursday, August 4, 2011

SEC Freezes Assets of 3 Firms Accused of Insider Trading

By: 
IAAR Staff
Date: 
07/19/2011
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A Manhattan federal judge has frozen the assets of three Swiss asset managers accused of illegally profiting from trades made ahead of the $1.2 billion sale of Arch Chemicals to the Lonza Group, the Securities and Exchange Commission announced on Monday. The S.E.C.

Apartheid asset recovery challenge illustrates retaliation is the norm for corruption-fighters in South Africa

By: 
David Quinones
Date: 
07/18/2011

What does a declassified British security service's report have to do with the South African government's utter lack of political will to pursue corruption proceeds? Many onlookers are saying it is indicative of an endemic problem experienced by those who try to recover assets on behalf of the country. Meanwhile, billions of dollars in potential restitution hang in the balance.

Investigating corruption? Get ready to be investigated yourself.

HSBC seeks dismissal of Madoff trustee's lawsuit

By: 
IAAR Staff
Date: 
06/24/2011
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HSBC asked a judge to dismiss a $9 billion lawsuit by the trustee liquidating Bernard Madoff’s firm, saying he isn’t allowed by law to bring such cases on behalf of the confidence man’s former customers. Irving Picard, the trustee, sued HSBC and a dozen so-called feeder funds for $9 billion in December, accusing them of aiding Madoff’s fraud. Bloomberg, Friday, June 24, 2011

Mets owners sought 'fraud insurance' for Madoff dealings in 2001

By: 
IAAR Staff
Date: 
05/16/2011
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In 2001, Fred Wilpon and Saul Katz, the owners of the New York Mets, decided to explore a fairly novel way of protecting the hundreds of millions of dollars they, their families and their businesses had invested with Bernard L. Madoff: they considered buying something called fraud insurance.The idea did not come out of nowhere.

US seeks to aid Libyan rebels with seized assets

By: 
IAAR Staff
Date: 
05/05/2011
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The United States announced Thursday that it would try to release some of the more than $30 billion in assets seized from Libya’s leader, Col. Muammar el-Qaddafi, to help Libyans in rebel-controlled areas, as dozens of officials met here to bolster a NATO-led military intervention that to critics appears stalled. New York Times, Thursday, May 5, 2011

SDNY asset forfeiture chief talks synergy, fraud and best practices

By: 
David Quinones
Date: 
04/25/2011

Sharon Cohen Levin has been chief of the Asset Forfeiture* Unit in the Southern District of New York for 15 years, but now, more than ever, her office's unit is under pressure to show results. She has seen forfeiture go from "something that was used occasionally" to a regular part of fraud prosecution.

Her office has responded with record recoveries. Asset Recovery* Watch Editor David Quinones caught up with Cohen Levin to discuss the successes and challenges to disarming criminal enterprises and fraudsters.

Kip Holmes draws a path to asset recovery success by working closely with prosecutors

Asset Recovery Watch TV is a Premium Member Benefit, but you can access this episode at no charge for seven days. Learn more about IAAR Premium Membership, and sign up or upgrade your membership today.

Asset recovery* is a practice fraught with barriers: Public and private sector professionals, investigators and lawyers, international and domestic - these perceived competing interests are, more often than not, working towards the same ends with similar tools.

In the spirit of tearing down these barriers and lending synergy to the asset recovery* process, retired Arizona state assistant attorney* general Cameron "Kip" Holmes draws a clear path to asset recovery* success by making the prosecutor your best friend.

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