2. Understand how perpetrators fraudulently conceal
and transfer assets and income in bankruptcies and
divorces.
Define tax fraud and be familiar with common tax
fraud schemes.
Identify consequences of tax fraud
Understand the nature and consequences of divorce
fraud
3. Bankruptcy is the legal process allowing a debtor to
work out an orderly plan to settle debts, liquidate
assets, and distribute them to creditors
Fraud is common in the cases of bankruptcy, divorce
and tax because assets are taken away from the
individual and given to someone else
Divorce and bankruptcy fraud can be both criminal
and civil matters
Tax fraud is a criminal matter
4. Investigating and testifying
Serve as an examiner in bankruptcy cases
Investigate debtors’ financial affairs and prepare
investigation reports
Recover assets for divorce and bankruptcy cases
Be a private investigator and find hidden assets
5. Bankruptcy or divorce resulting from fraud
Bankruptcy or divorce used to perpetrate fraud
Bankruptcy or divorce used to conceal fraud
6. Committed against the government or tax collecting
organisation
IRD estimates $82.6m income tax shortfall based on
undeclared income in 2012
177 tip offs a week about concealed earnings
513 cases investigated
414 cases with discrepancies
44 prosecutions
7.
8. New Zealand works under a voluntary compliance
system
10. A number of tax positions can result in shortfall
penalties
Not taking reasonable care
Gross carelessness
Unacceptable tax position
Abusive tax position
Promoter penalty
Evasion
Voluntary disclosure can help to reduce penalties
11. Income shifting or sheltering
Income deferral
Accelerating the use of losses or credits
Creating or inflating expenses
Changing the character of receipts or outlays
12. Scott Anderson and Paul William O’Connor
Allowed fictitious expenses to be created and offset
against income
14 charges of tax evasion
Both sentenced to three and a half years jail
Brent Gilchrist
Sentenced to 10 months home detention in July
Now providing tax advice again
13. One party may feel cheated by the proceedings
Hire an investigator to locate the assets
Steps to prove fraud:
1. False representation made by the other party
2. Defendant had knowledge or belief that the
representation was false, or made the representation
with reckless indifference to the truth
3. Defendant had the intent to induce plaintiff to
act/refrain from acting in a particular way
14. Wife won $1.3m in the California state lottery on Dec 28,
1996
Files for divorce 11 days later
Husband was declared bankrupt in 1998 after his business
folded
Misdirected mail meant for his now-ex-wife
Got a court injunction
Judge awarded all winnings to the husband
15. The defendant hid assets so that they didn’t have to be
shared or taken away
The values assigned to assets were unrealistically low
Both allegations result in an unfair divorce settlement
16. Fraud is common in the cases of bankruptcy, divorce
and tax because assets are taken away from the
individual and given to someone else
Issues such as tax morality, and where the line is
between tax evasion and tax strategy are becoming
more important
Divorce fraud often occurs when one party hides assets
or assigns low values to distort the settlement value