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Columns

Jan 11, 2006

Fraud Prevention 101

Tracy L. Coenen Fraud is an industry unto itself, causing annual losses to United States companies totaling at least $660 billion. While it’s easy to focus on the big losses incurred by the likes of Enron, Tyco, and WorldCom, no company is immune to the problem. Companies of all sizes are vulnerable, even though their […]

Dec 28, 2005

A thief among us: Lessons from Bielinski Bros.

Tracy L. Coenen During the summer of 2004, a major shakeup was occurring at the Milwaukee-area home building firm of Bielinski Brothers, Inc. Their chief financial officer, Robert Brownell, was fired along with several trusted employees, amid allegations that a complex fraud scheme had been ongoing for years. While this particular case is complex in […]

Dec 14, 2005

Something’s missing: Recreating books, records for an audit

Tracy L. Coenen You are being audited. These are some of the most dreaded words an individual or business will ever hear from a state or federal tax auditor. They invoke fear, panic, and sometimes anger. Most of all, they create a need for documentation. Every number could be scrutinized. That means documentation must be […]

Nov 30, 2005

Forensic accounting: A new twist on bean counting

Tracy L. Coenen Traditional accountants and auditors have long been referred to as “bean counters.” Some may take offense at the phrase, but if they’re being honest, they admit that it is a simplistic but accurate representation of the work they do. Your average, everyday accountants and auditors are generally engaged to count the beans. […]

Nov 30, 2005

A moving case against removal law

Gregg Herman On Nov. 9, 2005, the Wisconsin Assembly passed a bill by a 57-38 vote that would substantially change Wisconsin’s removal law, greatly restricting a parent’s ability to move with a minor child. The proposed legislation, AB 400, now goes to the state Senate. Given the wide margin by which it passed the Assembly, […]

Oct 26, 2005

The eyes have it: Seeing the signs of fraud

Tracy L. Coenen Would you recognize the clues that your client has been ripped off by one of its employees? Or would management conduct business as usual, blindly trusting their employees? Companies make the mistake of not actively searching for fraud. They tend to trust their employees and trust the procedures in place to safeguard […]

Oct 19, 2005

Failure to increase marital estate differs from dissipation of assets

Gregg Herman Under Wisconsin divorce law, the value of property is normally determined as of the date of the divorce. As a result, there is little incentive to increase the value of the marital estate that a party will have to share with a soon-to-be-ex-spouse. At the same time, a party who dissipates assets during […]

Sep 28, 2005

Are parenting plans conducive to the best interest of the child?

You snooze, you lose. Gregg Herman This was the effect of Wisconsin's child custody and placement statute, until a recent Wisconsin Court of Appeals decision, Guelig v. Guelig, No. 2005AP346 FT (Aug. 31, 2005) (recommended for publication) considered the ramifications of the failure to file a parenting plan, as required by Wis. Stat. Sec. 767.24(1m). […]

Sep 28, 2005

Are parenting plans conducive to the best interest of the child?

You snooze, you lose. Gregg Herman This was the effect of Wisconsin's child custody and placement statute, until a recent Wisconsin Court of Appeals decision, Guelig v. Guelig, No. 2005AP346 FT (Aug. 31, 2005) (recommended for publication) considered the ramifications of the failure to file a parenting plan, as required by Wis. Stat. Sec. 767.24(1m). […]

Sep 14, 2005

No placement of children by default

Gregg Herman Can placement of minor children be decided by default? Even though the Legislature said "yes," the Wisconsin Court of Appeals said "no" in a recent case. Specifically, the issue involves the failure of a parent to file a parenting plan, which by statute waives objection to the other parent's plan — essentially deciding […]

Aug 31, 2005

Fee opinion recommended for pub

Gregg Herman Thanks to action by the Family Law Section of the State Bar of Wisconsin, the issue of whether an attorney is entitled to a judgment for attorney fees from a client under Wis. Stat. §767.23(3)(a) when the attorney withdraws, as opposed to being substituted for another attorney, finally has a definitive answer. In […]

Jul 20, 2005

Appellate court upholds life insurance coverage

Part II Gregg Herman If the much-publicized case of Terri Schiavo wasn't enough to make you reconsider the importance of good estate planning, a recent Wisconsin Court of Appeals case re-emphasizes that point. This is the second of two articles discussing the recent decision of the District II Court of Appeals in Vlies v. Brookman, […]

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