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BANKRUPTCY
FRAUD RISES AS ECONOMY FALLS
Survey
discloses that Overseers know of Fraud
NEW YORK,
NY
September 10, 2001...Bankruptcy
fraud, the white-collar crime most people tend to know little about,
is steadily increasing and negatively affecting 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 www.investigation.com.
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