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Where Is the Limit on Penalties for Willful FBAR Violations?

In Bank Fraud, Evasion, FBAR, Fines, Fraud, International Tax, Uncategorized by Ryan DeanLeave a Comment

A recent decision of the United States Court of Appeals, Federal Circuit holds that the pre-2004 regulation limiting willful FBAR penalties to a maximum of $100,000 is notapplicable.  As many tax practitioners know, 31 U.S.C. § 5314(a) requires taxpayers who have accounts with foreign financial institutions, specifically any person with a financial interest in or signature authority over foreign financial …

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What is Bank Fraud?

In Bank Fraud, Fraud, Popular Posts, White Collar by Jason Freeman and Alex AillsLeave a Comment

18 U.S.C. § 1344 is commonly referred to as the bank fraud statute. It is used by the Department of Justice to prosecute “any scheme to defraud” a federal bank.[1]The scope of the phrase “any scheme” is broad; it has, for example, been used to prosecute check forging, check kiting, and embezzlement, among other things.  Making misrepresentations to a bank – …

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Couple Sentenced to Prison for Bank Fraud and Failure to Report Income Earned From Internet Sales through eBay and Amazon

In Bank Fraud, Computer Crimes, White Collar by Jason FreemanLeave a Comment

On Friday, a North Carolina federal district court sentenced Daniel and Renee Balson to 27 months and 16 months, respectively, on tax and bank fraud charges related to their failure to report and disclose income from selling merchandise online, primarily through eBay and Amazon.  A copy of the indictment is available here.  In addition to the prison terms, the couple …