Bradley Birkenfeld Case Summary

Improved Essays
Bradley Birkenfeld role during the investigation of UBS reminded me of the story of Mark Whitacre, who deliberately blew the whistle against his former employer ADM. Likewise, both individuals cooperated with the federal authorities to dismantle fraud within their respective organizations. However, they remained the sole underachievers when investigations concluded and charged for obstructing the course of justice when several evidences disclosed that their testimonies incriminated just their employers, competitors or clients. Thus, Birkenfeld ethical journey unfortunately ended with his incarceration regardless the fact that the information he provided allowed the IRS to recover billions of dollars in back taxes and penalties involving 14,700 Americans who established offshore bank accounts to evade taxes. (Court & Sharman, 2009) Beside the whistleblower case discussed above, we also learned this week that the Association of Certified Fraud Examiners (ACFE) highlighted in the 2014 Global fraud study …show more content…
Additionally, the median duration of a fraud scheme was 18 months from the beginning until the discovery. Furthermore, 49% of the tips which permitted the detection of fraud involved employees who stood as whistleblowers against their organizations. Indeed, the banking and financial services held the first place with 17.8%, followed by the government and the public administration sector, which ranked second and also counted for 10.3% of the whole percentage. Finally, the lack of internal controls emerged as the weakness, which enabled fraud with an average loss per occurrence estimated at $80,000, $200,000, $355000 or $500,000 when respectively committed by one, two, three or four individuals (ACFE,

Related Documents

  • Great Essays

    In a case that all other parts the company, especially the higher managers, have ignored the truth more than once, an intelligent whistleblower should immediately inform the government about the issue. If the brave one is too stubborn and wants to handle the matter internally, then what happens to Eileen Foster will repeat itself, the wise way is to solve the problem as quickly as possible, whether by internal approach or outside enforcement. Without irritating the leaders, an outside intervention can help before the issue explodes on itself, costs BofA and Countrywide at least $915.5 million to settle all cases. If Eileen Foster had handed in the suspicious activity report to the U.S. Treasury secretly instead of accuse ER for not conforming to ethical conduct, she can save her job for obvious reasons, fines from the government can be lower than $915.5 million as well, underlying logic is that the fraud problem is probably not as bad during earlier times, therefore the leaders will have the chance to make a better deal with the…

    • 1666 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    David Fisher Case Summary

    • 168 Words
    • 1 Pages

    I received a call this morning from David Fisher, who is the stepfather of Benjamin Gossard. The purpose for his call was to raise an issue regarding Acting Judge Doug Brannon and defendant Benjamin Gossard. Mr. Gossard was in court this morning for a COP and a PH (Case Numbers 16CRB1999, 16CRB2000, 16CRB2001 & 16CRA1983 - documentation attached). Mr. Fisher informed me that Acting Judge Brannon had previously represented the defendant and Mr. Fisher believed that Acting Judge Brannon should have recused himself. Mr. Fisher further informed me Acting Judge Brannon should have remembered that he represented the defendant because Mr. Fisher’s wife used to work for Acting Judge Brannon.…

    • 168 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    On this date worker spoke with Ms. Denise Benshoof, for the purpose of gathering information on Mr. Duncan. Ms. Benshoof stated her husband was staying with Mr. Duncan 24/7 because Dr. Pettus had told them Mr. Duncan did not need to alone. Ms. Benshoof's stated her father had called his friend and demanded a job and because the man and Mr. Duncan were friends/business partners he gave Mr. Duncan a trip to Georgia. During the trip, they keep in touch but he refused to give them exact details of his whereabouts. Then, on September 18, they received a call stating he did not arrive at his designated stop.…

    • 482 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Bordenkecher Case Summary

    • 529 Words
    • 3 Pages

    Ms. Bordenkecher’s reliance upon materials outside the pleadings to argue that Plaintiffs’ claims are unsustainable demonstrate that Defendant seeks summary judgment from this Court, despite its claim to the contrary. Under the Maryland rules, when a defendant files a motion to dismiss for failure to state a claim, and matters outside the pleadings are presented to and considered by the court, “the motion shall be treated as one for summary judgment and disposed of as provided in Rule 2-501.” MD. RULE 2-322(c) (emphasis added). The reason for this rule is that with a motion to dismiss the court considers only the allegations in the complaint to determine if the facts alleged by the plaintiff sufficiently state a recognized cause of action.…

    • 529 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The Capistrano Unified School District took the parents of Jeremy Wartenberg, Wayne and Charlene Wartenberg to court in their refusal to pay for Jeremy’s private school tuition, fees spent at the private school, and attorney fees. The school district expresses that Jeremy’s behavior comes from his own willfulness to misbehave not his disability. The school psychologist, although acknowledging that Jeremy had a learning disability of attention deficit disorder (ADD), which allowed for an IEP and services, felt that it was not sever enough to be a contributing factor to his behavior. He felt that Jeremy’s primary behavior was largely related to his failure to work, cooperate, and school truancies rather than his primarily disability of ADD. He acknowledged that Jeremy’s behavior could be a contributing factor of his Conduct Disorder, which is not covered under a learning…

    • 605 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    According to New York Times, Michael Brown was an unarmed black teenager, whom was shot and killed on August 9th 2014 by white Police Officer Darren Wilson. The shooting occurred in Ferguson, MO. in a suburb of St. Louis. After the shooting occurred, protests took over the area for weeks. Witnesses reported that they seen an altercation between Officer Wilson and Michael Brown on the night of the shooting.…

    • 237 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Procedural History: The trial judge denied his motion. The Ohio court of appeals affirmed, and the State Supreme Court dismissed terry’s appeal. Facts: While an officer in plain clothes patrolled downtown Cleveland, his attention was attracted by two men. Terry and Chilton stood on a corner and paced back and forth down the street alternating between one another.…

    • 343 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    After reviewing Zack Anderson’s case, I cannot help but feel sorry for the poor guy. When reading over the basic facts of the case we know for a fact that Anderson had met the fourteen year old girl in Michigan who posed as a seventeen year old on a dating site meant for those who were of the age of consent, who could then meet up for sex. When Anderson had met the girl, and without the use of force, had sex with her, by doing so he unknowingly committed statutory rape due to the girl lying about her age. While yes in some states some can claim as a defense that they were truly unaware of her age, however in our text book states that a “defendant strictly liable even if he made a reasonable inquiry in good faith to determine the victim’s…

    • 419 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Bolek Case Summary

    • 746 Words
    • 3 Pages

    Plaintiff Joanne Bolek had been admitted to Ahuja Medial Center in early November 2013, for complications from congestive heart failure and fluid buildup in her kidneys. Upon discharge from Ahuja, Ms. Bolek was sent to defendant Menorah Park’s facility for rehabilitation. According to Ms. Bolek’s son, Peter Bolek, they sent Ms. Bolek to Menorah Park to have her regain her strength, “because she was very weak.” B. Admission to Menorah Park…

    • 746 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    It is not rare that the media jumped to the coverage of this case, mainly because it involved the sports’ team of an elite university as it is Duke and because the “victim” happened to be African-American. Not only did the university’s administration and faculty rushed to turn their backs to the lacrosse team, but they also rushed to judge them. With president Richard H. Brodhead’s public statement that they were not going to support the lacrosse team in any way and then later, as a ramification of the scandal, the abrupt and impetuous cancelation of an entire season. Not to mention the Group 88 a response of disapproval from the faculty towards the lacrosse team. The News & Observer, which has a circulation of around 180,000, including 10,000 copies in Durham County, printed an irresponsible front-page article on the entire case.…

    • 488 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Wells Fargogo Case Study

    • 1061 Words
    • 5 Pages

    Wells Fargo has recently been in the spotlight recently for unethical behavior of employees, as well as socially irresponsible behavior at the corporate level. It was recently disclosed that Wells Fargo employees opened up millions of fraudulent accounts, both for banking and credit cards, in the names of unsuspecting customers (Bryan, 2016a). These accounts were opened without explicit consent of the customers involved so that sales goals could be met. Sales goals were attached to incentives for employees, so motivation was provided to employees that had the means to commit these fraudulent actions. Soon after these revelations came to the public’s attention, it was also discovered that Wells Fargo was violating laws and regulations regarding…

    • 1061 Words
    • 5 Pages
    Superior Essays
  • Decent Essays

    Fraud matters, and control frauds pose unique risks. It is important to understand fraud mechanisms. Economists grossly underestimate its prevalence and impact, and prosecutors have difficulties finding it, even without the political pressure from politicians who receive campaign contributions from the banking industry Control fraud can occur in waves created by poorly designed deregulation that creates a criminogenic environment. Waves of control fraud cause immense damage Control frauds convert conventional restraints on abuse into aids to fraud Conflicts of interest matter.…

    • 158 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    8. Claiming Large Losses from Self-Employment If you file a Schedule C to claim self-employment income, understand that you could increase your risk of triggering an audit. Small businesses, especially those that involve earning cash payments and have no unique business identifiers other than a taxpayer 's name, are among the favorite targets of the IRS DIF system and its staff of auditors. If self-employed, consider forming a limited liability company (LLC) or corporation because they 're audited less frequently than sole proprietorships. The tax advantages include qualifying for more deductions and being able to hire family members and offer them tax-advantaged benefits that legitimately reduce your tax burden.…

    • 1158 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In the case of Bayou Hedge Fund fraud case, Israel and Marino had made promise to the investors who invested $300 million initial funds in Bayou Group to have a return of $7.1 billion. However, they were suffering from the stress given by the investors when the fund started experiencing losses. Israel found the easiest way to solve the problem he encountered at that time compared to the alternation of their strategy or winding up the business. Hence, he decided to cheat by setting up a new corporation to audit the accounts of Bayou Group.…

    • 1413 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Jordan Belfort Case Study

    • 1096 Words
    • 5 Pages

    Over the course of the late 80’s and early 90’s, Jordan Belfort was able to swindle millions of dollars out of his clients and into his own pockets. This, however, did not last long, as the U.S. Securities and Exchange Commission and FBI was looming over Belfort and his company, waiting to strike and rightfully charge him for his crimes. One of the first…

    • 1096 Words
    • 5 Pages
    Improved Essays