Audits

News & Analysis as of

Court Finds No Spoliation after Deletion of Emails during Routine Audit (Missouri)

Gladue v. Saint Francis Medical Center, 2015 WL 1359091 (E.D. Mo. Mar. 24, 2015). In this employment case, the plaintiff sought sanctions for the spoliation of deleted emails. After the plaintiff had been terminated from...more

Maryland Offers Attractive Amnesty Program – Even for Taxpayers Under Audit!

Starting September 1, 2015, the Comptroller of Maryland (Comptroller) will offer qualifying taxpayers that failed to file or pay certain taxes an opportunity to remit tax under very attractive penalty and interest terms. The...more

Implementing an Effective Third Party “Audit” Program

We all have our favorite episodes and scenes from the Seinfeld series. As we grow older, we like to reference them more and more – maybe because it reminds us of your “youth” (looking back, my 30s were certainly younger than...more

New York State Attorney General Issues Guidance on the Audit Oversight Provisions of the New York Non-Profit Revitalization Act of...

The New York State Attorney General’s Charities Bureau recently issued guidance on one of the key provisions of the New York Non-Profit Revitalization Act of 2013 (the “Act”). That guidance, titled Audit Committees and the...more

"Temple-Inland Sheds Light on Delaware’s Use of Estimations in Unclaimed Property Audits"

As noted in prior mailings on this topic, all 50 states require companies to comply with broad and often complex unclaimed property laws that mandate annual reporting. Unclaimed property is generally defined as tangible or...more

Unclaimed Property Audits: Don’t cheat on escheat!

The Texas Comptroller of Public Accounts has contracted with out of state third parties to perform unclaimed property audits on holders of property. National banks are subject to these reviews provided there is “reasonable...more

Look Out for Meaningful Use Audits by the Office of Inspector General

The Medicare and Medicaid Electronic Health Care Record (“EHR”) Incentive Program (commonly referred to as “Meaningful Use”) provides incentive payments to eligible physicians and hospitals for adopting, implementing,...more

Focus on Tax Controversy - Spring 2015

In This Issue: - Fifth Circuit Ruling in BMC Software, Inc. v. Comm’r. Is Good News for Taxpayers - When Is a Second Inspection Not a Second Inspection? - Captive Insurance Litigation: Key 2014 Cases ...more

Court Condemns Law Firm's Privilege Claim as "Subterfuge": Part II

Last week's Privilege Point described an outside regulatory compliance consultant's work for a company which worried about its non-compliant billing practices and about possible litigation, that consultant's later agreement...more

Mississippi Court Rules Discriminatory Exclusion is Unconstitutional

The Hinds County Chancery Court recently issued an opinion in AT&T Corp. v. Miss. Dep't of Revenue finding that Mississippi's dividend exclusion statute unlawfully discriminates against interstate commerce and is therefore...more

Romania: Back-Tax (an update)

As we previously reported the law for the approval of GEO 92/2014 is currently discussed in the working commissions of the Chamber of Deputies in the Romanian Parliament....more

CRA Charities Directorate Publishes 2015 Program Update

The CRA Charities Directorate has published its 2015 Program Update. The CRA Charities Directorate has in recent years been actively updating and promoting the dissemination of its charity information, seeking the views of...more

Hold The Phone! AT&T’s Constitutional Challenge To Mississippi’s Dividend Exclusion Statute Is Still Alive

A Mississippi trial court has again found unconstitutional the state’s dividend exclusion statute, which disadvantages certain multistate taxpayers as compared to solely Mississippi taxpayers. This result comes from AT&T’s...more

Severe Fines for I-9 Noncompliance

During the first quarter of 2015, The Office of Chief Administrative Hearing Officer (OCAHO) issued five decisions involving employer violations related to Form I-9. In its latest decision (United States v. Liberty Packaging,...more

KPMG Issues 2015 Global Audit Committee Survey

In February, KPMG released its 2015 Global Audit Committee Survey, which reports on audit committee activities based on survey responses from 1,500 audit committee members across 35 countries....more

Court Rules That Payment Of Overtime Wages Pursuant To A Department Of Labor Audit Does Not Preclude Affected Employees From...

Obtaining a valid waiver of minimum wage or overtime claims under the Fair Labor Standards Act (FLSA) continues to be tricky. Section 216(c) of the FLSA requires that a valid waiver must be “supervised” by the U.S. Department...more

Spain: Guidelines for biennial audits

The DGOJ (Spanish General Directorate for the Regulation of Gaming Activities) has published today through its website the Guidelines on the biennial audit for online licensed operators’ technical systems. Note that this will...more

Regulatory Blue Pencil: CFPB Guidance, Enforcement Actions Signal Expanding Focus on Vendor Management

In April 2012, the Consumer Protection Financial Bureau (the ‘‘CFPB’’ or ‘‘Bureau’’) issued Bulletin 2012-03 (the ‘‘Service Provider Bulletin’’), a guidance document setting forth the CFPB’s high-level expectations related to...more

OIG updates project completion dates and completes audit of CFPB’s Tableau system

In its work plan updated as of March 27, 2015, the Office of Inspector General (OIG) has moved back the estimated completion dates of several ongoing projects previously estimated to be completed in the first quarter of...more

The Value of a Vigilant Internal Audit Program

I hate to write a negative column. It is contrary to my nature and perspective. It is easy to complain. It is far more difficult to come up with practical solutions....more

Morgan Stanley Agrees to Resolution of Multi-State Unclaimed Property Audit

The California State Controller announced an Audit Resolution Agreement with Morgan Stanley on December 23, 2014, which sets forth the terms and conditions for finalizing and resolving an unclaimed property audit that Verus...more

PCAOB Issues Quarterly Standard-Setting Agenda, Adopts Auditing Standard Reorganization

The Public Company Accounting Oversight Board issued its quarterly standard-setting agenda on March 31. The current agenda items, some of which have been pending for some time....more

Did The Judge’s Ruling Truly Decimate The Defendant’s Contention?

Yesterday’s post concerned Justice M. Kathleen Butz’ recent holding in Yee v. Am. Nat’l Ins. Co., 2015 Cal. App. LEXIS 257 (Cal. Ct. App. 2015).  The case involved the California Controller’s attempt to examine the records of...more

OIG adds new audit item to work plan

The Office of Inspector General (OIG) has added a new ongoing CFPB project to its work plan updated as of March 13, 2015. The OIG is auditing the CFPB’s compliance with the Improper Payments Information Act of 2002, as...more

KPMG audit finds CFPB budget review controls and corrective action process need improvement

The CFPB has released a report for FY 2014 prepared by KPMG of its independent audit of selected CFPB operations and budget. An annual independent audit is required by the Dodd-Frank Act. The report reflects work performed by...more

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