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Finance
October
10, 2001
BANKRUPTCY FRAUD RISES AS ECONOMY FALLS: Survey Discloses That Overseers Know of
Fraud
NEW YORK, Sept. 10 -- Bankruptcy fraud, the white-collar crime
most people tend to know little about, is steadily increasing and
negatively affectively corporations and individuals alike.
An anonymous nationwide survey of bankruptcy judges,
administrators, trustee, and lawyers conducted by Kessler
International, found that 31 percent of those polled, knew of
``flagrant abuses'' of bankruptcy laws in cases they have handled,
63 percent stated they knew of some abuse and only six percent
stated that they thought bankruptcy laws were followed and each
filing was honest.
``This type of fraud drips down and affects the prosperity of
corporate economies,'' said Michael G. Kessler, President & CEO
of Kessler International, the world's leading certified forensic
accounting and investigative consulting firm, headquartered in New
York City and with offices that span the entire globe.
Kessler said fraudulent bankruptcy not only undermines the
integrity of the bankruptcy system but it negatively affects the
growth of businesses. He referred to bankruptcy fraud as a
``cyclical evil that prospers in poor economic times.''
Statistics from the American Bankruptcy Institute show that in
the year 2000, over one and quarter million bankruptcy filings
occurred. In the first quarter of 2001, bankruptcy filings were up
to 366,841, higher than last year's average and in the second
quarter of 2001 filings topped at 400,394 a 24% increase over last
year's same period.
Kessler said that most of the fraudulent bankruptcy petitions his
firm has examined contain overstated expenses and are missing assets
that the applicant is hiding or have understated income.
Kessler also said bankruptcy is one of the simplest ways to steal
and your chances of being caught are slim to none. According to
statistics obtained from the U S Department of Justice only 188
cases of bankruptcy fraud were prosecuted in 1999. Kessler further
added that anyone can get step by step instructions on how to commit
the fraud on the Internet by purchasing one of the many credit
repair and bankruptcy guides offered for less than $15.00 that
teaches them the abc's of this crime.
``Fraud can sometimes be the difference between a company posting
a profit or a loss,'' said Kessler. ``The number of companies coming
to us to challenge bankruptcies are indicative of the tightening
economy that is causing companies to hunt down any threat to their
financial well being.''
Under federal law creditors should be alerted within ten days of
any filing. Kessler recommends that the creditor immediately examine
the bankruptcy petition carefully, keeping an eye out for signs of
fraud and abuse. The task of exposing bankruptcy fraud is not an
easy one and usually requires thorough research and an in-depth
investigation. But Kessler stated that if the bankruptcy fraud is
exposed, the creditor could recover significant assets that would
have otherwise been lost.
Kessler International has conducted thousands of successful
audits and investigations for clients wishing to contest a
bankruptcy and has helped them recoup millions of dollars. Michael
Kessler and his team of certified forensic accountants, CPA's,
investigators, and researchers are internationally renowned in the
field, with years of sleeves-up service and training in their
disciplines. Kessler, the former Assistant Chief of the NYS Special
Prosecutor and Chief of Investigations for NYS Tax, employs a
diversified staff that includes former state and federal
prosecutors, accountants and law enforcement agents.
For more information about Kessler International, contact Michael
G. Kessler at 212-286-9100 or visit their website at http://www.investigation.com/.
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