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The Reg A Conference is the largest gathering of deal-makers and investors interested in Regulation A, a prime opportunity for companies to network with like-minded business executives, as well as financial professionals who assist in bringing capital to companies (https://theregaconference.com/presenting-companies/). Many such companies are today basing their new business ventures and projects, and their search and submissions for funding, on blockchain technology applications. So-called cryptocurrencies such as bitcoin are just one example of the use of this functionality. The business implications of this secure online record-keeping tech are huge – and not only in cryptocurrency. This presentation provides a probing and extensive expert critique of blockchain, its cryptocurrency, distributed ledger and smart contract applications, and argues for a cautionary, savvy approach to implementing and investing in such business systems, on grounds of professional due diligence, rigorous corporate governance and wide experience of past leading-edge ICT systems failures.
With the aging of the U.S. population, financial exploitation and abuse of seniors is a serious and growing problem. According to the FBI, scammers tend to target the aging population because they are more likely to have excellent credit and substantial savings.
The US Department of Justice (DOJ) recently joined a federal qui tam lawsuit1 brought against a private equity firm that specializes in health care pharmacies. Notably, the case also charges individual partners of the private equity firm, Riordan, Lewis & Haden, Inc. (RLH) based in Los Angeles2. They are charged with violations of the federal Anti-Kickback Statute (AKS) and the federal False Claims Act (FCA) in connection with their management of Diabetic Care Rx/Patient Care America (PCA), a compounding pharmacy. The case involves reimbursements from TRICARE, the health care program for the military and their families.
When a dishonest CFO or controller cooks the books, it can be devastating for the victim organization. In addition to direct financial losses, financial statement frauds erode trust between management and other stakeholders, including lenders, investors and employees who own company stock. Unfortunately, it's common for smaller companies to associate financial misstatement with large public companies that focus heavily on earnings per share.
A recent Donan forensic fire investigation found that a poor connection in a floor-mounted duplex receptacle was the cause of fire. The receptacle was located in the area of origin and all other identifiable causes were eliminated during the investigation. While conducting the research for this particular case, Donan investigators evaluated many scholarly sources in order to clearly educate the client on how a loose connection in a receptacle could lead to a structure fire which, in this case, nearly consumed the bedroom. The best explanation was found in the chemistry associated with the formation of an oxide that contributes to the condition.
It is an unfortunate fact of business that from time to time one of your customers will not pay for goods or services you provide. It is a frustrating and sometimes helpless feeling that you have knowing that even though you provided a valuable product or service, for reasons beyond your control you are simply not paid. How do you collect your money? What follows are some techniques that will help you effectively collect your receivables.
I receive phone calls throughout the year from attorneys who have taken on their first FINRA case and they frequently are unaware how the FINRA Dispute Resolution process differs from other venues. I thought it would be helpful to provide a quick overview for new participants and a refresher for those more experienced securities attorneys on how the FINRA Arbitration and Mediation process works.
In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.
As billionaire Warren Buffet once noted, "Price is what you pay. Value is what you get." Interested buyers, investors and bankers looking at new initiatives with companies often share similar objectives in 'kicking the tires' to be sure a target company has properly documented its business activities. On the other side of the transaction, the subject company's Founder, Board of Directors, CEO, Chief Financial Officer, Chief Operating Officer, Accounting and/or other departments can find themselves overwhelmed by the volume of documentation requests. Third parties can test the bounds of both courtesy and reasonableness before committing to and funding a new transaction.
The emergence of structured finance products over twenty-five years ago enabled major commercial banks and investment houses to develop higher volumes of real estate, credit cards, automobiles and other asset-based loans in new and often more profitable ways. Historically, lenders normally generated these types of loans as portfolio loans, where the bank kept and monitored these loans on its own balance sheet and at its own risk. But beginning in the late 1980's, banks began to investigate taking an intermediary or conduit role for certain types of loan portfolios. When generating loans which met the advance underwriting criteria of large investors, banks and loan originators recognized they could simultaneously generate large fees and also promptly move these 'tailored' loan portfolios off the bank's books, by pre-packaging them for investor third parties.