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 The goal of this e-newsletter is to provide you critical, inside information that will help you prevail when defending an IRS criminal case. We will do this by sharing the knowledge we have from our 25+ years of experience as an IRS Special Agent. We are grateful to have the opportunity to provide you this valuable information via our monthly e-newsletter and our unparalleled forensic accounting and investigative services. We take special care to ensure the information we provide you in "The Beacon" is the latest and most current information available. In this edition, we have addressed how to select a Forensic Accountant and how change in fraud referrals will affect most taxpayers. We want to write about topics that will assist you in prevailing with criminal IRS cases. Please e-mail us your topics of interest to [email protected]. We encourage you to share our e-newsletter with others in your sphere of influence. Sincerely, Edmond J. Martin
Principal, Chief Investigator
Certified Fraud Examiner (CFE)Texas Certified Investigator (TCI) |
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How to Select a Forensic Accountant
What is Forensic Accounting?
Forensic accounting, sometimes called investigative accounting, is the application of accounting concepts and techniques to legal problems. Forensic accountants investigate and document financial fraud and white-collar crimes such as embezzlement. They also analyze complex financial transactions and estimate losses and damages. [Source: http://legal-dictionary.thefreedictionary.com/Forensic+Accounting]
Forensic Accountants also provide litigation support to attorneys investigating financial wrongdoing from Plaintiffs and Defendants. They provide a critical view of complex financial transactions, including books and records that have been in existence, and are relied upon by others to make decisions that could result in damages.
There are two types of Forensic Accountants:
- Consulting Expert - Performs investigative accounting, evidence gathering financial analysis, and witness interviews without the intent to testify. In Texas, this person is also a private investigator licensed by the State.
- Testifying Expert - Prepares a review of evidence gathered by the Consulting Expert and the law firm, analyzed the evidence and renders opinions and conclusions in a written report, and is prepared to testify at deposition and trial.
The expert may be a Certified Public Accountant, Certified Fraud Examiner or a
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Change in Fraud Referrals Will Affect Most Taxpayers
 In the past, IRS Revenue Agents and Collection officers (now called
compliance agents) were encouraged to develop fraud indicators, and once done, to make a Fraud Referral to IRS Criminal Investigation (IRS CI). Since January 2014, Fraud Referrals have changed with the issuance of the Fraud Handbook IRM 25.1., which will affect most segments of the U.S. population that IRS refers to as its Operating Division and includes Large Business and International (LB&I), Small Business /Self Employed (SB/SE), Tax Exempt/Government Entities (TE/GE) and Wage and Investment (W&I). Generally, in a civil action by audit, the burden of proof was on the taxpayer. When fraud allegations are mentioned by compliance agents or criminal investigation, the burden of proof is upon the Government to prove tax fraud. Where fraud allegations are made the government must show a pattern of fraudulent activity, substantial tax due and owing, and willfulness that includes a material submission of false statements or false documents in connection with an application and/or return.
The Fraud Manual has changed the playing field for taxpayers, because now the efforts
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About Us
Serving your needs is our priority.  At Sage Investigations we are dedicated to serving our clients nationally, to help them navigate the difficulties of dealing with the IRS, and other complex (forensic) financial fraud investigations both civil and criminal. By narrowing our focus to our primary strength of following the money, we steer our knowledge, efforts, and experience to financial issues. We help our clients propel their cases forward by assisting in the review, acquisition, and organization of financial records, evaluating the elements of their cases, and helping create winning strategies. Through the use of our proprietary advanced financial investigative technology we analyze complex financial data quickly, easily and efficiently, saving our client's time and money. Sage handles all cases with altruism, professionalism, honesty, integrity, passion and respect. When you hire Sage, you hire a team of professionals with skill and knowledge that helps you have more effective solutions. We are innovative with our DIO cutting edge technology, and perform every investigation in an orderly and organized manner to develop a clear investigative roadmap and deliver a quality work product. The compass that guides us is strong leadership and accountability. Learn more... Contact Us
P.O. Box 160161
Austin, TX 78716 Phone: 512-659-3179 Fax: 512-328-6878 Email: [email protected] www.sageinvestigations.com Texas License #A10803 |
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