Tag Archives: Financial advisors

Expert Witness

expert witness 9Normally, courts prohibit witnesses from testifying based on their own opinions or analysis. See Federal Rule of Evidence 602. Courts relax these rules for expert witnessestestifying about matters within their field of expertise.

Expert witness rules vary by jurisdictionSee State Civil Procedure Rules. In federal courts, expert witness testimony is governed by Article VII of the Federal Rules of Evidence.

Generally speaking, experts may testify about their conclusions in a case so long as their analysis is scientifically sound. In reaching their conclusions, experts may rely on the same sorts of evidence that people in their profession normally rely on in their work, even if the evidence is otherwise inadmissible in court. For example, a doctor may testify about his analysis of X-rays, even though the X-rays would normally be hearsaySee Rule 703 of the Federal Rules of Evidence.

Expert Testimony in the Federal Courts

In the federal courts, judges determine the credibility of expert witnesses in a pre-trial Daubert hearing. See Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). In considering witnesses’ qualifications, judges may consider information that is not admissible as evidence.

Before trial, all experts must prepare a report summarizing their analysis and conclusions, and share the report with all other parties. See disclosureRule 26(a) of the Federal Rules of Civil Procedure. This allows other parties to effectively cross-examine the expert.

Expert testimony is not limited to matters beyond the understanding of the ordinary juror. Instead, experts may testify on any subject within their area of expertise so long as their testimony will assist the jury. See Rule 702.

Is Your Insurance Company Going Out of Business?

by Lance Wallach
by Lance Wallach

Do your clients have life insurance or annuity policies? If so, they – and you – may be in trouble.

The plummeting financial markets are dragging down the life insurance industry, which is an important component of the U.S. economy. Continuously escalating losses weaken the companies’ capital and eat away at investor confidence.

More than a dozen life insurers have been awaiting action on applications for aid from the government’s $700 billion Troubled Asset Relief Program – and thus far, the government hasn’t stated whether or not insurers qualify for the program.

Life insurers have undoubtedly been taking a beating. At the time of this article, the Dow Jones Wilshire U.S. Life Insurance Index had fallen 82 percent since its May 2007 all-time high.

Among several of the hardest-hit companies are century-old names that insure the lives of millions of Americans. Shares of Hartford Financial Services Group had been down at one time some 93 percent from their 2008 high. Both MetLife and Prudential Financial are suffering as the value of their vast investment portfolios declines.

As the economy weakens, analysts say that many insurers face losses that can eat away at the capital cushions that regulators require them to maintain.

In addition, experts say that the industry is going through its most chaotic period in recent history, and that it’s a pretty scary situation right now.

Ratings agencies and stock investors are beginning to grow concerned about how long the industry can avoid reckoning with the distressed assets on its books. Rating agencies Moody’s Investors Service, Standard & Poor’s and A.M. Best have cut the ratings of more than a dozen insurers in recent weeks.

The consequences of a weakened life-insurance industry for the economy are significant, because life insurers are among the biggest holders of the nation’s corporate debt. For example, if life insurers stop buying bonds, the markets may not fully recover. Their buying activity has already declined.

Any sign of susceptibility among life insurers could further erode confidence and make nervous consumers hesitant to buy insurance products.

Wall Street analysts say that another problem for some life insurers is obligations for variable annuities, a retirement-income product that often guarantees minimum withdrawals or investment returns. As markets plunge to new lows, life insurers need to set aside additional funds to show regulators that they can meet their obligations, further crimping sparse capital.

One stumbling block to receiving TARP funds is that the industry is overseen by state regulators, not by a single federal agency. That means there’s no group of federal officials responsible for it or with a deep understanding of its challenges.

Insurers’ woes have come largely from investment-grade corporate bonds, commercial real estate and mortgages, regulatory filings show. Many insurers ended 2008 with high levels of losses that, due to accounting rules, they haven’t had to record on their bottom lines.

Hartford Financial had $14.6 billion in unrealized losses at year’s end. Prudential, the second-largest insurer by assets, had nearly $11.3 billion in unrealized losses, up $5.4 billion in the fourth quarter from the previous quarter.

How To Become An Expert Witness

forbes_logo_whiteBefore I got the call about working as an expert witness in an employment-law matter, I’d never heard of an expert witness from the business world. The little I knew about the expert witness world came from cop shows and courtroom movies. I assumed that all expert witnesses were scientists or doctors.

My friend asked me “Do you want to be the HR expert witness for my friend’s case?” My friend’s friend is a lawyer, and he was looking for an expert witness in the HR arena to help him on a sexual harassment case. I quizzed him on the specifics, over the phone.

What will your expert witness do? I asked him.

My expert witness will become familiar with the facts in the case and explain in a deposition and, if necessary, in the trial that responsible employers take more care to prevent sexual harassment than this employer did, said the lawyer. The employer was the defendant in the case.

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Proper estate planning is best when done in a group

by Lance Wallach
by Lance Wallach

The accountant is one of the catalysts of an estate-planning team – a group that should also include an attorney, a financial planner and a trust officer. The goal of this dedicated team is to help in the management, conservation and transfer of wealth, while considering the legal and tax ramifications, as well as the personal objectives, of the client.

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Multinational Corporations Have Specific Problems That Require A Certain Level of Expertise

Our international taxation division is headed by a CPA, EA (Enrolled
Agent), MBA.

He is a CPA (Certified Public Accountant) with an MBA degree in
Taxation, who was previously employed by the IRS as an IRS
International Examiner, an IRS International Team Manager, and an IRS Appeals Officer. Let our decades of IRS experience with both domestic & multinational taxation issues help your business today.

Our firm can help you unlock the tax codes to help your business
maximize the money your business keeps and to steer clear of the IRS audit and penalty traps being set now by the IRS to catch offshore and overseas affiliated companies doing business in the USA.
Let us assist you with:

  •  VAT (Value added taxes)
  •   Transfer Pricing Audits
  •  Offshore Corporations
  •  Offshore Tax Shelter issues
  •  International Taxation
  • Multinational Corporations
  •  1040 NR
  •  IC DISC (Interest Charge Domestic International Sales Corporation)
  •  Overseas sales tax compliance

Voluntary Employee Benefit Association (VEBA) Trusts meet requirements to file both Form

This requirement to file two returns made me question why other collectively-bargained benefit plans, such as the Pension, Annuity Funds, as well as 403(b) or 401(k) plans, are only required to file a Form 5500. In our practice, VEBA Trusts are used in connection with multiemployer Health and Welfare Plans. The difference between these plans is the Internal Revenue Service Code Sections under which the trusts are organized. While both are nontaxable trusts, there are differences between the code sections that regulate them.

Form 990 filing is due on the 15th day of the 5th month after the plan year end. Two 90-day extensions can be obtained by filing Form 8868. The latest due date for the Form 990 is the 15th day of the 11th month after the year end.

Nonprofit organizations organized under the Internal Revenue Code Section 501, meeting certain asset and revenue criteria, are required to file the Form 990 annually. VEBA Trusts are tax exempt
under IRC § 501(c)(9). This is different from multiemployer Pension and Annuity plans which are commonly organized under IRC § 400 series. As a result, multiemployer Pension and Annuity Plans are
not required to file a Form 990. The Form 990’s focus is the entity’s purpose, mission, programs and finances. The filing of the Form 990 ensures that a VEBA Trust’s assets are efficiently managed for the
purpose of providing benefits to the plan’s participants.
IRC § 501(c)(9) provides a broad definition of benefits which range from common health benefits to emergency loans in times of disaster. One of the limits that IRC § 501(c)(9) places on VEBAs is that 90% or more of the members must be employees with a common bond (employees in the same line of business in the same geographic area), unless the members are subject to a collective bargaining agreement. Multiemployer plans create VEBA Trusts to provide health benefits granted in collective bargaining agreements. The Internal Revenue Service has placed this limitation on VEBAs to ensure businesses do not use this form of organization in place of a bona fide insurance organization which would be separately regulated. Additionally, at least 90% of members are required to be employees, with up to 10% of members who are not employees being related to the members of the VEBA, such as in an employer capacity. Some of our multiemployer Health and Welfare plan clients allow participating employers to cover the company’s non-union office employees.
Form 5500 is due on the last day of the 7th month following the plan’s year end and can be extended for two and a half months by filing Form 5558.

Form 5500 is a joint effort of the Department of Labor, Pension Benefit Guaranty Corporation, and the Internal Revenue Service. The Form 5500’s purpose is to report information regarding compliance with the Employee Retirement Income Security Act (ERISA). VEBA Trusts are subject to ERISA because their purpose is the provision of health benefits to participants. As a result, VEBA Trusts with over 100 participants are required to file the Form 5500. Multiemployer Health and Welfare plans commonly
have over 100 participants, and generally require the filing of Form 5500.The core purpose of ERISA is to ensure plans provide the benefits as promised to participants including a detailed reporting of
insurance companies utilized. In addition, Form 5500 requires the reporting of professional fees paid out of plan assets for services rendered to the plan. These disclosure requirements have a significant impact on multiemployer Health and Welfare Plans because these plans commonly use plan assets to pay for service providers such as fund consultants, legal counsel, investment managers, third party administrators, and audit fees. The goal of the Form 5500 is to ensure the trust is well managed for the
benefit of the participants.
Forms 990 and 5500 serve separate, but equally important purposes. These forms provide the Internal Revenue Service and Secretary of Labor the information necessary to oversee VEBA Trusts.

The Secret to Buying a Policy With the right term

Agents like to talk about policies you can keep throughout your life. What they sometimes won’t tell you is that you don’t need life insurance coverage throughout your life.

The secret to buying a policy with the right term is figuring out how long you need to be insured. You start by estimating when your children will be out on their own and no longer in need of your financial support.

So if your children are 3 and 5 now, you’d probably want a policy that covers you at least until the youngest is 22, so that’s about a 20-year term. But this depends somewhat on your age as well.

Say you also want to cover your spouse for your lost income until what would be your normal retirement age, 65, and you’re only 35 now. Then you would want a 30-year policy.

Keep in mind that insurance gets very expensive as you leave your 50s. So you may pay more to cover yourself until 65, even if you lock in a level-premium, 30-year policy when you are 35. Coverage past age 70 or so may be unattainable.

How to Get Audited

by Lance Wallach
by Lance Wallach

The government needs money. Hopefully, after you read this article, they will not get any more of yours. The IRS has learned that small businesses give them the best results on audits with the least effort on their part. The IRS has decided to go where they think the cheating is taking place. Unfortunately, they think that you and your small business are not paying your fair share.

The IRS has increased audits of small businesses by fifty (50) percent, so you need to learn how to better protect yourself. Most of what is in the next three paragraphs is what you should NOT do.

Have a lot of zeroes after the numbers on the return. Amend the return. Take a low salary while operating as an S corporation or as a sole proprietor. Have unreported income, especially in cash. Live in an expensive house, or otherwise in visible opulence, while taking a low salary. That way, people can wonder how you can afford that house, car, etc.

Let me clarify the statement in the preceding paragraph about having a lot of zeroes after numbers on a tax return. I do not mean high figures, since you must report income truthfully, of course. What I mean is that numbers that are too round lead IRS agents to think “estimate”, and this leads to unnecessary attention and scrutiny.

Make sure that your retirement plan is never updated as the law changes. Hire independent contractors, illegals, etc. Make use of an abusive tax shelter and/or listed transaction as a vehicle to reduce taxes. Seriously, you may be surprised to learn that many popular retirement and life insurance employee benefit plans fall into these categories.

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The Effectiveness of Your Expert Witness Could Win or Lose a Case for You

by Lance Wallach
by Lance Wallach

Benefits companies occasionally get sued and sue others. To defend the lawsuit, you need to hire an attorney. Normally the attorney needs an expert witness to bolster the case. In my experience, I have found that many attorneys are terrible at selecting expert witnesses. This is unfortunate because selecting the right expert witness can be critical to the outcome of the case.

And, obviously, if you don’t win a lawsuit, you have spent time, effort, and a lot of money needlessly. As an expert witness, my side has never lost a case. Surprisingly I have won on the same issues both for the plaintiff and for the defendant.

One of the first steps in evaluating your expert is looking at his or her education and experience. What was her result in all of her cases? Did her side win them all? This is something often overlooked. You have to go with a winner. Have they won on both sides? That would be a real plus because it is highly unusual.

These days, it’s not uncommon for organizations to exist simply to generate revenue. They may offer a “certificate,” but a close examination could reveal that it’s nothing more than a “credential” that someone can purchase. Sometimes less is more when it comes to credentials. Don’t assume that someone with eight sets of letters after her or his name is indeed qualified to be your expert witness. How have they performed at depositions and on the witness stand? Look at their cases.

Next, it is important to look at a potential expert’s work experience and case history. The person should have experience in the field in which she or he will testify. Be careful when selecting a “firm” for your engagement. Who will be working on the case? If you select a firm, rather than an individual, you run the risk of having the work done by someone with little or no experience in the field. There is a risk that goes along with inexperienced staff, and you need to be aware of this when selecting an expert.

Someone with good technical qualifications isn’t necessarily the most effective expert in a courtroom. That is why you should look at the testimony history of the individual, and ensure that she or he has significant deposition and trial experience.

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How to Find the Right Experts

selfiez How much money have you lost in the market today? Is your insurance company still in business? Will it be in business tomorrow? Are you still working with your insurance agent financial planner, stock broker etc. who put you into this situation? Are you going to do anything about your situation? If you are like most people you will sell stuff and lose money, or do nothing while you lose more, your bank and insurance company goes out of business and your retirement plan savings disappears. It does not have to be this way. None of my clients have lost money. My retirement plans went up in value every month in 08. Why did you not have the same results? Who do you listen to for advice? Your broker, insurance agent financial planner, or your friends? They have all lost money. Things are going to get worse. You can do something to get your money back, or like most people keep losing. Don’t believe me put Lance Wallach into Google or any search engine to see what I do. Then compare it to whoever advises you. Who would you listen to now?         Without serious knowledge of things like finances, taxes, tax audits, and retirement plans, it’s hard to keep ahead of things. And to ensure that your future is in good hands. Especially now, as the economy begins to change, it is smart to look into different ways to secure your future and money. Recent well documented events have made it increasingly important to educate yourself on how to handle such endeavors correctly. Thousands of businesses have closed as a result of bankruptcy, corrupt policies, lowered sales, and other factors, often because issues that seemingly, in hindsight, should have been obvious were overlooked. In this environment, more than ever, you simply cannot afford mistakes or omissions with respect to your finances. Such mistakes can result in audits and other problems. Websites such as IRS.gov, FinanceExperts.org, and TaxLibrary.us are resources that can help make sure that there are ZERO unpleasant surprises in your numbers. Additionally, keeping accurate records and constantly double checking your numbers are two obvious, yet often neglected, things that you should do. So the question stands: how knowledgeable are you about your own finances?

Many of you have received information about the current state of your investments in the past few months.  Sticker shock would be an understatement. Thousands have been lost as a direct result of the fiascoes constantly occurring as of this writing. Savings that would not only brighten your futures, but in many cases investments that you planned to use for your children’s educations, are gone. The downward spiral will continue, as the shrapnel from these events moves throughout our failing economy. It won’t stop in the foreseeable future, and it will entail more than just monetary losses. The watchdog agencies that will now have to redeem themselves for failing to perform their regulatory functions, leading at least in part to all of these failures, will respond with increased scrutiny of American citizens and businesses in every manner imaginable. Trust me, no stone will be left unturned, including that of increased IRS audits for the express purpose of raising money, which in fact has already started.

All of which is why treading water in the tide of an ebbing economy is not a solution.

It would appear that the seemingly indestructible giants of Wall Street have begun to crumble. Lehman Brothers is no more, Merrill Lynch has been taken down a peg or two, and now, disaster is apparently looming over Morgan Stanley. To say nothing of the looming threat to the consumer banking industry. As industry insiders, we’ve seen the writing on the wall for quite some time. Now, everybody else can see it, too.

In this day, the veil has been pulled back on the stock market’s heavy hitters. Consumers now know there is indeed no “wizard” behind the curtain, just a few individuals in designer suits pulling down astronomical sums of money for the advice they send down from on high. Who can forget the images of the Lehman Brothers employees in New York City, emptying their offices into boxes and carrying them down Seventh Avenue? As sad as it was to see, it was a day we all had the feeling was coming, right? But now that it’s here, why don’t we feel any better?

The hopes of many investors in the stock market have been shaken to the core, but we cannot forget about the morose consumers and business owners. A number of individuals are suffering the potentially substantial loss (or potential loss) of their hard-earned money in a volatile market. Consumers need advisors who can guide them toward a safe harbor. As previously mentioned, financeexperts.org can give you the help you need in this failing economy. The leading authorities are members, and will most likely give helpful feedback. Consumers are fearful, and if they say they aren’t, it’s probable that they aren’t being honest. For most Americans today, a stress free retirement is looking more and more impossible, and the difficulties looming between ourselves and that goal seem insurmountable.  But things do not have to look and seem so bleak.

Too many scoundrels plague Wall Street but, to some degree, we all feel the brunt.  We hate to have an “I told you so” attitude, but at times it is hard to avoid. However, rather than dwell on this compassion, why not capitalize on it? Often unforeseen opportunities arise from the ashes of situations such as these. In fact, many such opportunities are available as I write this. They will be taken advantage of by those with the imagination and talent to position themselves to do so.

By reading this, you may be off to a good start. There are many ideas you will get from our leading finance experts to better run your business, reduce taxes and insurance costs, and much more. You will learn how to avoid audits, which are already up fifty (50) percent and are expected to increase further still, and turn your accountant into your protector instead of a tax collector. You will learn from Lance Wallach, who, as an American Institute of CPAs instructor and course developer, teaches CPAs. Lance also draws upon the knowledge and expertise of his associates, who are the leading finance experts in the United States. None of them work for any of the firms that were affected by the recent and ongoing financial fiascoes. Many of them perceived the arrival of these problems, and only their clients benefited because most other business people were too busy buying products from stockbrokers, insurance agents, and so-called financial planners who did not know what was going on.

In Lance’s spare time, between speaking at conventions, writing and helping a select few business owners, Lance appears as an expert witness. In fact, for two days in Sept 2008, Lance Wallach testified as an expert witness in Federal Court for a business owner that was sold a faulty financial product by a combination of his accountant and a so-called retirement plan expert. After Lance completed his testimony, the judge called the retirement plan salesman a “crook” and said that he should settle with the plaintiff. He did not, and the jury awarded the business owner TWICE what he had sued for. As a side note, Lance had advised the lawyer that this was a so called “ERISA case” and instead of the $400,000 that the business owner was suing for, $800,000 (double damages, as is possible in “ERISA” cases), could be awarded if the jury felt that was appropriate. The point is that, under no circumstances, should you be forced to lay down and take the abuse and malpractice that most salespeople pin on you. Get your financial and business affairs in order, and, if necessary, take some action! Take some serious action!