Long Island Chapter of the Association of Licensed Certified Fraud Examiners

LICFE
Newsletter

January 2000

Association of Certified Fraud Examiners

LONG ISLAND CHAPTER

NEWSLETTER

Vol. 2, Issue 1

January, 2000

Board of Directors:

David E. Zeldin, MPS, CFE, CFC, DABFE, FACFE
  President
Det. Lt. Peter M. Calabrese, CFE
  Vice President, Investigations
Gregory J. Naclerio, Esq., JD, CFE
  Vice President, Membership
Robert L. Goldfarb, CFE, CPA, DABFE, DABFA
  Vice President, Educational Programs
Donna N. Karp, CFE
  Recording Secretary
Margaret C. McArdle, CFE, CPA
  Treasurer
Jane R. Buck, Esq., JD, CFE
  Corresponding Secretary
Stephen E. Cleary, CFE
  Sergeant-at-Arms
Barry L. Pulchin, CPA, CFE, CVA, DABFA
  Member At-Large
Dennis Langel, CFE
  Member At-Large
Joan S. Wellstead, CFE
  Member At-Large
Gregory L. Somma, CFC
  Member At-Large
 Director of Administration

Committee Chairpersons
(Alphabetically)
*Board Member’s Committee Assignments Not Listed
Marisol Amarat
  Chairperson, Public Relations Committee 
  Vice-Chairperson, Meetings & Seminar Committee
Det. James Byrne, CFE
  Vice-Chairperson, Investigations
Committee
Camilia ElDidi
  Vice-Chairperson, Membership Committee
Frank Kollmann, CFE, FCLS
  Co-Chariperson,Investigations Committee
Stephen A. Linker, CPA, DABF
  Vice-Chairperson, By-Laws Committee
Stephen J. Mannhaupt, CPA
  Vice-Chairperson, Finance & Audit Committee
John F. Matula, CFE
  Chairperson, Internet Committee
Susan Nash, CFC
   Vice-Chairperson, Internet Committee
Mark S. Warshavsky, CPA, CVA, CFE
  Chairperson, Newsletter Committee 

Newsletter Editor:
Mark S. Warshavsky, CPA, CVA, CFE, 

Editorial Staff:
Jane R. Buck, Esq., JD, CFE
Donna N. Karp, CFE
Joseph Croce, CFE
Camilia ElDidi

 Chapter Office:
87 Bethpage Road
Hicksville, NY 11801
Telephone: (516) 931-0010
Fax:               (516) 931-0008
E-mail:         info@licfe.org
Internet:       www.licfe.org

 

PRESIDENT’S MESSAGE

DAVID E. ZELDIN, M.P.S., CFE, CFC, CSC, DABFE, FACFE

It is hard to believe that it was just one year ago when I wrote the first President’s Message. As I have mentioned many times during the past year, the grass roots efforts to form and grow out Chapter have been noted by CFEs and others, worldwide. I have received congratulatory messages from CFE leaders as far away as Israel, asking the secret of our growth and success. Needless to say, the LICFE has broken all records and expectatons for growth, professionalism and activity. More importantly, we have developed relationships and friendships far beyond our expectations. When it comes fright down to it, our success is shared by all of us.

Many people have commented that the primary difference betweenour Chapter and every other professional organizaton, is that we have fun, while working, sharing and networking with each other. When we began, we offered the chance to expand your horizons, contribute to your personal growth and receive reasonably priced training and CPE credits, without leaving Long Island. We have delivered in all of those areas. Many of our charter Members received 18 CPE credits this year, on Long Island. If not for a hurricane, it would have been 20!

As we enter our second year, we alreaady have plans for six meetings and at least one seminar, for a minimum of the full 20 CPE credit requirement. Naturally, we encourage our members to participate in events sponsored by the Association. In that vein, we have accepted National’s offer to co-host the 11th Annual Fraud Conference in New York City, July 30—August 4, 2000. We are also in negotiations with National for a future national event, on Long Island.

Your Board and Committees have been increasingly active, since the first formation meeting in October, 1998. Last year I wrote about our impressive Board of Directors. This year I msut say that in additon to a very impressive Board of active, hard working professionals, LICFE has been blessed with more than a dozen active committee members as well. We will still welcome any member who has a desire to get active and join one of our committees.

As we enter the New Year, if you are reading this message, we will have survived Y2K and all of its hype. In addition to having a Safe and Happy New Year, I would like to ask that everyone send your renewal dues to the Chapter Office, as soon as possible. If you did not receive a dues invoice, please contact the Chapter office. We are also in the middle of a Membership Drive and would greatly appreciate everyone’s assistance in bringing in at least one new member. As an incentive, the member bringing in the most new members will receive a FREE REGISTRATION to the LICFE Seminar and a Certificate of Appreciation from the Board

                                           Very truly yours,

                                        David E. Zeldin

                                                      President


NEXT LONG ISLAND CHAPTER MEETING SET FOR TUESDAY, JANUARY 25, 2000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Text Box: Website of the Month:

Law Enforcement Online

http://www.pima.edu/dps/police.htm

List of 2300 Law Enforcement
Agencies on the Web

HOME STUDY COURSES

Investigating by Computer    - 20 CPE Hours
In today’s world investigators are relying more on computers and less on traditional methods of pounding the pavement to follow paper trails.  Learn how to tap into new information available on line.

Recognizing Ponzi’s Schemes  - 4 CPE Hours, 
Ponzi schemes are a type of pyramid where old investors are paid off with money from new investors.  Learn how to recognize Ponzi schemes – no matter what their variations.

Fundamentals of Computer Fraud 20 CPE Hours
The new information age has made it easier for criminals to commit fraud. Learn how to prevent and detect fraudulent computer schemes.

 Contact the Chapter Office for more information on Home Study Courses

                                                                                                                                                            

DEFENSE IN CRIMINAL FRAUD CASES

BY LEON LEBENSBAUM, JD, CPA, CFE, DABFA

 

To successfully prosecute a criminal tax evasion case, the government must establish three elements

1.                   Willfulness

2.                   Affirmative acts to evade taxes

3.                   The existence of earnings and profits

The Second Circuit recently held that taxpayers who diverted income from a closely held corporation with no earnings and profits for the years in question, could not be convicted of criminal tax evasion under section 7201. In this case, U.S. v D’Agostino (145 F.3d. 69, 1998) over a four year period, the defendants regularly exchanged small bills for larger denominations, diverting more that $400,000 in cash they stashed in a kitchen drawer. The court rejected the government’s contention that the taxpayers’ clearly bad and criminal intentions were sufficient to constitute a criminal offense, in the absence of proof that taxes were due.

In most fraud cases, the records are either incomplete, faulty or misleading.  Therefore, a CFE in reconstructing the facts should try to establish that due to unintentional mathematical errors, or failure to claim deductions to which the corporation was entitled, etc., no tax liability existed.

For example, in one instance I was able to persuade the Government not to prosecute when I proved that the monies siphoned off from “Saturday morning” cash sales by a garment manufacturer were used for the most part to pay off buyers.

                                                                                                                                                            

 

 

 

YOUR AD COULD BE HERE!

 

For rates and information, contact

Gregory L. Somma at LICFE

Phone: 516-931-0010

Fax: 516-931-0008

Email: info@licfe.org

 

 HAVE YOU MARKED YOUR CALENDAR FOR THE FIRST LICFE MEETING OF THE MILLENNIUM?  TUESDAY, JANUARY 25TH  6 PM AT THE WESTBURY MANOR

 


Search Our Directory  ||  Membership Application || Membership Benefits
  Board of Directors  ||  Committees (under Construction)  ||  Links  ||  Home Page

Long Island Chapter of Association of Certified Fraud Examiners (CFE)
NEW Long Island Chapter Office:
400 Garden City Plaza, Fifth Floor
Garden City, NY 11530
Tel: (212) 973-1000 x4383    
Fax: (212) 973-1004
E-mail: JLemanski@mwellp.com
Internet: http://www.licfe.org