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Archives for February 2025

Tired of the January Scramble? Discover a Proactive Approach to 1099 Compliance

Earmark Team · February 7, 2025 ·

No one brushes their teeth only the day before a dentist appointment and expects a clean bill of health—yet many businesses approach 1099 compliance in exactly this way. Every January, they scramble to collect W-9s, validate tax IDs, and rush out filings before the deadline. This last-minute frenzy creates stress and exposes companies to serious penalties if documentation is missing or incorrect.

In a recent Earmark Expo webinar, Gordon Walsh from Avalara demonstrated how modern automation tools like Avalara 1099 & W-9 can transform 1099 compliance from a reactive, annual challenge into a proactive, year-round process. By embracing real-time TIN matching and automated W-9 collection, businesses can significantly reduce compliance risks while freeing up valuable time during the year’s busiest season.

1099 Compliance Shouldn’t Be an Annual Fire Drill

Federal law requires businesses to collect W-9s before making payments to vendors. Despite this requirement, many firms still rely on manual processes: chasing vendors for handwritten forms, deciphering errors, and hoping everything arrives before January 31st. Without valid taxpayer information, businesses must withhold 24% for backup taxes—a situation that can create significant cash flow issues for vendors and administrative headaches for businesses.

“January’s 1099 season is really just where we feel the pain of all the things that we’ve done year-round that maybe didn’t get done,” explains Gordon Walsh. This reactive approach inevitably leads to costly, last-minute fixes and potential penalties.

The Power of Automated W-9 Collection

Traditional W-9 collection relies heavily on email and PDF exchanges—a system Gordon critiques saying, “There’s no other place in my life and business anywhere where I’m giving handwritten documents to people and expecting to do business with them.” 

Modern automation tools solve these challenges through:

  • Guided electronic forms with built-in validation
  • Intuitive menus that reduce classification errors
  • Centralized dashboard for tracking compliance status
  • Automated classification checks for 1099 requirements
  • Electronic delivery consent during onboarding

Having a system to collect vendor information ensures the capture of correct legal entity names, preventing downstream mismatches with IRS records.

Real-Time Validation: Preventing Costly Mistakes

Real-time TIN matching serves as the cornerstone of modern compliance systems. Instead of discovering mismatches after filing or receiving notices months later, Avalara’s system validates tax identification numbers during vendor onboarding. 

When mismatches occur, vendors can correct issues immediately, preventing:

  • Notices from the IRS
  • Mandatory 24% backup withholding
  • Time-consuming vendor follow-up
  • Potential penalties and fines

The system returns validation results directly to vendors during the submission process, allowing for immediate corrections. This preventative approach significantly reduces the risk of receiving IRS notices demanding backup withholding or corrections.

Streamlined Year-End Processing

The platform’s dashboard provides clear visibility into compliance status using a stoplight system:

  • Green: Ready for e-filing and electronic delivery
  • Yellow: E-filing ready but requires physical mail delivery
  • Red: Issues requiring immediate attention

For corrections, which are provided at no additional cost, the process has been simplified to a few clicks. Users can edit information directly in the system, with automatic filing of corrected forms to both state and federal authorities.

Integration and Accessibility

The system integrates with major accounting platforms like QuickBooks and includes bulk import capabilities for larger datasets. A global search function enables quick access to historical forms, allowing users to resend documents to recipients within seconds rather than searching through saved PDFs.

Historical data is maintained for five years, and the platform includes:

  • Secure document-sharing capabilities
  • State-specific compliance automation
  • Address verification through USPS
  • Multiple user access with role-based permissions

Pricing and Implementation

Rather than charging by the number of clients or users, pricing is based on total form volume. This tiered pricing model creates economies of scale—from several dollars per form at lower volumes to cents per form for high-volume users. While physical mailing incurs additional costs, the system encourages electronic delivery through early consent collection, helping businesses reduce expenses and administrative overhead.

The platform’s ease of use has earned it an NPS score of 79, reflecting its intuitive design and comprehensive feature set. With continued development, including a recently tripled development team, the system aims to expand its integration capabilities and streamline data flow between various business systems.

Through this combination of preventative validation, automated collection, and streamlined processing, businesses can transform their 1099 compliance from an annual emergency into a manageable, year-round process. 

Watch the full Earmark Expo webinar to see these automation tools in action and learn how to implement a proactive approach to compliance.

DC Solar’s Billion-Dollar Green Energy Con

Earmark Team · February 7, 2025 ·

The following article is based on the “Burned by Solar” episode of the Oh My Fraud podcast, which provides a behind-the-scenes look at how DC Solar orchestrated one of the largest green energy frauds in U.S. history.

In December 2018, 175 federal agents from the FBI, IRS, and U.S. Marshals raided the headquarters of DC Solar and the California home of its CEO, Jeff Carpoff (sometimes spelled “Karpov” in news reports). This dramatic event unveiled one of the largest frauds ever prosecuted in the Eastern District of California—a scheme that claimed to sell 17,000 portable solar generators when, in reality, only about 6,000 existed.

Origins and Ambitions

Jeff Carpoff spent most of his life in Martinez, California. After failing to run successful auto repair shops and briefly selling drugs, he sobered up and co-founded a shop specializing in Land Rover repairs. Eventually, he latched onto a promising idea—creating portable, solar-powered generators he called the “Solar Eclipse.” This invention would supposedly replace traditional gas or diesel generators on movie sets, at disaster sites, and even in stadium parking lots during tailgates.

DC Solar marketed these generators as versatile, eco-friendly power sources that could be towed anywhere to provide clean energy. While the vision looked sound, it was the business model—centered on a lucrative federal tax credit—that truly turned heads among investors.

The 30% Tax Credit Hook

The U.S. government offered a 30% tax credit for investments in alternative energy equipment, including solar. DC Solar pitched a straightforward proposition to prospective investors:

  1. Purchase DC Solar’s generators, sold at a hefty price of $150,000 each.
  2. Pay only 30% of that cost upfront (the exact amount investors would recoup via the federal tax credit).
  3. DC Solar would cover the remaining 70% of the purchase price through lease revenue.

In theory, investors could fully offset their upfront cost with tax credits—and possibly earn additional returns if leasing income exceeded loan payments. Companies like Sherwin-Williams, T-Mobile, and even Warren Buffett’s Berkshire Hathaway bought into the hype, hoping to cut their tax bills while backing a “green” initiative.

Early Warning Signs

Despite its promise, DC Solar’s operations quickly drew skepticism. During a visit to one of the company’s facilities, Sherwin-Williams representatives discovered only a few rows of fully assembled units. Behind them, dozens of unfinished generator shells suggested the product was far less complete than advertised. Confronted about it, Carpoff reportedly brushed the issue aside.

Other troubling red flags emerged:

  • Performance Failures: Some trailers lost power on major film sets and at concerts, forcing DC Solar to sneak in diesel generators to cover the outage.
  • Lease Rate Discrepancies: DC Solar claimed that 80–90% of its generators were leased out, but internal accounts put the rate closer to 5%.

Faced with cash flow pressures, the company devised a “circular” approach: using money from new investors to fulfill lease payments it had promised to earlier investors. Internally, DC Solar employees allegedly referred to this patchwork as “re-renting,” but investigators later described it as classic Ponzi activity.

Fraudulent Tactics

To sustain the illusion, DC Solar:

  • Faked VINs: Employees scraped VIN stickers off certain generators and reapplied them onto others, matching whatever batch investors expected to see.
  • Synthetic Tracking: GPS transponders were buried in vacant fields so investors believed their units were deployed.
  • Paper Leases: Executives fabricated large, long-term leasing contracts with major telecom and entertainment companies, sometimes enlisting outside patsies to sign phony agreements in exchange for sizeable payouts.

Meanwhile, Carpoff and his wife, Paulette, enjoyed the spoils. They amassed a fleet of 149 classic cars—many of them gas-guzzling muscle cars, paradoxically funded by a “green energy” enterprise—purchased stakes in a Napa winery, rented private jets, and even sponsored a NASCAR race (the DC Solar 300). They also bought the Martinez Clippers, an independent league baseball team, and emblazoned their company parking spots with initials like “JMFC,” short for “Jeff Motherf***** Carpoff.”

The Whistleblower and the Raid

The scheme began to unravel when a DC Solar employee, Sebastian Giuliano, realized the company was paying old investors with new investor money and filed a whistleblower report to the SEC. Suspicions deepened when the IRS audited some of DC Solar’s earliest deals, concluding that the actual fair market value of each generator was around $13,000—far below the $150,000 asking price.

In December 2018, armed with information from the whistleblower and their own investigations, federal agents descended on DC Solar’s facilities and the Carpoff residence. They seized $1.7 million in cash from a safe, confiscated the entire muscle car collection, and gathered further evidence of fraud.

Aftermath and Sentencing

DC Solar collapsed into bankruptcy by early 2019, owing millions to creditors, NASCAR, racetracks, and various vendors. Major investors, including Berkshire Hathaway, announced the probable loss of hundreds of millions of dollars in invalidated tax credits.

Criminal charges soon followed. In 2020, Jeff Carpoff pleaded guilty to conspiracy to commit wire fraud and money laundering; he was sentenced to 30 years in prison. His wife, Paulette, received an 11-year prison term. Several other executives, including the CFO and outside conspirators who fabricated leases or faked verification reports, also received prison sentences ranging from three to eight years.

Lessons and Oversight Gaps

DC Solar’s downfall highlights several vulnerabilities in green energy tax credit oversight:

  1. Physical Verification: Authorities relied too heavily on documents without insisting on direct, thorough inspections. Fake VINs and strategically placed GPS devices allowed DC Solar to fabricate nearly 11,000 nonexistent generators.
  2. Valuation Transparency: Inflated price tags ($150k vs. $13k real value) went unchecked, maximizing undeserved credits.
  3. Circular Financing Scrutiny: Leasing revenue was artificially maintained with new investor funds, a hallmark of Ponzi schemes, yet it initially escaped scrutiny.
  4. Due Diligence and Audits: Complex alternative energy incentives require rigorous checks to confirm the actual equipment, usage, and economic substance of each deal.

For accountants, attorneys, and investors, the DC Solar saga is a sobering lesson. Fraudsters can exploit these incentives no matter how appealing a tax benefit or environmentally friendly pitch may sound. Robust financial controls, thorough audits, and consistent physical verifications are key to safeguarding genuine green energy efforts.

For a more in-depth exploration of DC Solar’s rise and fall—and the comedic twists along the way—listen to the Oh My Fraud podcast episode linked above. The story of DC Solar stands as a testament to how easily good intentions and generous credits can be warped into massive fraud when accountability is lax.

Is Your Accounting Firm Drowning in Too Many Software Solutions?

Earmark Team · February 7, 2025 ·

How many browser tabs do you have open just to run your accounting firm? If you’re like most modern practitioners, the answer might be “far too many.” From time tracking to e-signatures, invoicing to document sharing, each separate function tends to live in its own app. This “app fatigue” frustrates staff, drives up costs, and forces everyone to juggle multiple logins and browser tabs.

In a recent Earmark Expo webinar hosted by Blake Oliver, CPA, and David Leary—featuring Michael Salmon from Canopy—this issue of app overload took center stage. The panel discussed how modern practice management solutions are helping firms consolidate key functions, such as document management, task workflows, and client communication, into a single, unified platform. By reducing the need to stitch together a half-dozen stand-alone apps, unified solutions promise to free practitioners from the headache of endless browser tabs—without sacrificing cloud-based systems’ flexibility.

Why Are Firms Drowning in Apps?

Over the last decade, cloud technology has been seen as the solution for any time, anywhere, access to client data. But the “cloud” itself splintered into multiple tools—one for e-signatures, one for time tracking, another for document storage, yet another for proposals, and so on.

“Cloud solutions are definitely more flexible, and they solved a lot of problems for firms,” Oliver explains. “But we lost that all-in-one simplicity that older desktop suites used to provide. Instead, we replaced those solutions with six or seven specialized apps that don’t always talk to each other.” The result is a hodgepodge of siloed systems, each with its own subscription cost and learning curve.

The Comeback of Unified Practice Management

The good news? After years of fragmentation, the pendulum is swinging back toward unified practice management. Modern, cloud-based platforms combine core firm functions—like workflow, document sharing, e-signatures, billing, and even specialized features such as IRS transcript downloads—into a single ecosystem. Rather than forcing staff to bounce between multiple browser tabs, these tools consolidate everything under one login.

Michael Salmon, Senior Solutions Consultant at Canopy, highlights how these new practice management solutions address app fatigue. “There’s a direct integration with your email and calendar, so you never have to leave the system to schedule meetings or attach emails to tasks,” he explains. “Tasks, time tracking, billing, document management, e-signature—they’re all under one roof. That way, you’re not paying for five or six different subscriptions, nor do you have staff re-entering data.”

An Inside Look at Modern Features

While these capabilities highlight how modern platforms unify daily workflows, the next step is understanding what it takes to implement such solutions—and whether the cost and transition effort truly pay off for your firm.

1. Integrated Email & Calendar
Instead of flipping between Outlook or Gmail and your tasks, modern platforms pull your mailbox and calendar into the same screen. You can attach an email thread to a specific client project @-mention colleagues for internal discussions or launch a timer for billable work right from the email. This not only keeps all client communication in one place but also streamlines collaboration when multiple team members touch the same client.

2. Document Management & Client Portals
A single repository for all client documents—complete with clear privacy controls—removes the need for separate internal and external storage systems. “One of the biggest pain points we solved was having to create separate folder structures just to hide files from the client,” says Salmon. “Now you can mark an item as ‘visible’ or ‘private’ and keep everything in one folder. Clients can log into a custom-branded portal, see just the documents you’ve shared, sign them electronically, or upload files using the same portal.”

3. Workflow & Task Automation
Teams can create repeatable templates for engagements like 1040 prep or monthly bookkeeping. Each step in the process—requesting bank statements, reconciling accounts, and final reviews—can be built into a template with clear deadlines and staff assignments. Automated triggers (e.g., “Once the 1065 task is completed, create a 1040 task”) mean fewer manual handoffs and status-check emails. “It’s about letting the system manage the process so you can focus on the client,” Salmon notes.

4. Time Tracking & Billing
Time spent on tasks can be tracked through start-stop timers or recorded after the fact. Integrated billing converts that tracked time into invoices, which can be sent to the same portal for client payment. Because everything is connected, you reduce data entry and gain real-time visibility into WIP, outstanding invoices, and staff performance.

5. Tax Resolution & Specialized Tools
Firms looking to expand into more profitable services—such as tax resolution—can benefit from integrated modules that retrieve IRS transcripts and notices. “You can pull a client’s transcripts without leaving the platform, identify issues, generate forms, and keep everything organized with the rest of your workflow,” says Salmon. This single login for tax controversy work, e-signatures, and billing cuts down on even more overhead.

6. AI-Powered Assistance
Many modern solutions now embed AI to handle repetitive tasks and speed up communications. For example, you can draft email responses to client questions based on context or generate custom live dashboards by simply typing a question (“Show me my top-billed clients this quarter”).

What About Cost and Implementation?

One concern is cost. While an all-in-one platform may carry a monthly subscription per user, many firms find they’re actually saving money by replacing half a dozen (or more) separate systems. “If you’re paying for e-sign, file storage, workflow, and a handful of other apps separately, switching to an all-in-one platform often consolidates spend. Plus, your staff only has to learn one solution,” Salmon says.

Implementation can take a few weeks or months, depending on how many modules a firm adopts and how many years of documents and client data must be migrated. Providers like Canopy typically offer implementation specialists to help firms with data imports, template setup, and staff training. “Nobody wants to feel overwhelmed during adoption,” Salmon admits. “But once your data and clients are in one system, the day-to-day efficiency gains make it worthwhile.”

The Future: Efficiency Without Fragmentation

Unified, cloud-based practice management software restores the simplicity that desktop-era systems once provided—while adding the flexibility, mobility, and real-time collaboration capabilities that modern firms demand. By eliminating the need for countless browser tabs and apps, staff can stay focused on delivering client value rather than wrestling with technology.

“We don’t even call it ‘cloud’ anymore,” Oliver points out. “This is just how firms operate now. The difference is you no longer have to build your own Frankenstein’s monster of apps. You can get back to an all-in-one ecosystem but built for the realities of today’s accounting practice.”

If you’re curious to see exactly how an integrated solution works in real-time—email, tasks, billing, client requests, e-signatures, and more—watch the full Earmark Expo webinar featuring a hands-on demo of Canopy. You’ll see firsthand how unifying key functions can dramatically reduce the friction that comes with managing 50 separate apps.

Accounting Firms Boost Profits by 10% Without Losing Clients—Here’s How

Blake Oliver · February 7, 2025 ·

Are outdated billing practices holding your accounting firm back? 

While many firms see proposal and payment systems as necessary yet purely administrative, forward-thinking practitioners are discovering their immense potential to reshape client relationships—and boost profitability.

In a recent Earmark Expo webinar, Tom Maxwell of Ignition showed how modern engagement systems do more than simply streamline operations. They fundamentally change how clients perceive and value accounting services. Forward-thinking CPAs are eliminating accounts receivable, implementing annual price increases, and shifting from after-the-fact billing to genuine value-based partnerships.

The results are striking: Firms report implementing 10% annual price increases with no negative impact on client acceptance rates. More importantly, they’re building stronger relationships rooted in transparency, clarity, and mutual respect.

Below, we explore how these systems turn traditional billing bottlenecks into opportunities for transformation.

The Billing Bottleneck: More Than Just a Payment Problem

For many accounting firms, getting paid feels like an administrative hassle. However, according to Tom Maxwell, this challenge runs deeper—right to the heart of client relationships and firm profitability.

After talking to thousands of firms, Tom identified three main reasons clients struggle to see the true value of accounting services:

  1. Mandatory compliance work: Clients often see compliance as a “must-do” rather than a “value-add.”
  2. Expertise gap: Clients rarely grasp the depth of expertise required for high-quality work.
  3. Value disconnect: When billing happens long after services begin, clients lose sight of the direct benefit.

The result is a vicious cycle of payment delays and weaker client relationships. But forward-thinking firms find that modern engagement systems address both the practical and psychological barriers head-on—starting with the first client interaction.

Transforming Client Engagement from Day One

Modern engagement systems reshape the client experience right from the start, setting clear expectations and articulating value. Gone are outdated PDF proposals, manual credit card processing, and clunky engagement letters—all of which can subtly lower the perceived value of your services.

Instead, clients receive a digital, professional proposal that:

  • Clearly lays out services and value
  • Offers up to three package options with different billing frequencies
  • Guarantees payment authorization before work begins

“My favorite feature,” Tom says, “is that clients must enter payment information before accepting the proposal. That ensures you get paid for your services before you even get started.”

This process is also more secure—no more mishandling of credit card details. Once clients accept a proposal, they receive a signed engagement letter, and their payment information is securely stored for future billing. This streamlined approach does more than save time; it also signals professionalism and shifts the conversation from awkward payment requests to demonstrating tangible client value.

From Reactive to Proactive: Managing Dynamic Client Relationships

With a rock-solid foundation in place, modern systems empower firms to become more proactive. They not only enable systematic price increases but also enhance client relationships.

“We found that Ignition customers were increasing prices by about 10% on average in the past year,” Tom explains. “And when we added the feature enabling a standard price increase, there was no change to proposal acceptance rates.” 

These tools also end stressful negotiations around scope creep or service changes. Firms can quickly update both service levels and pricing, and automated billing continues seamlessly. Every adjustment is tracked for full transparency, reducing tensions and letting both parties focus on a healthy working relationship.

Integrated workflows further enhance automation. For instance, if you integrate payroll data, your fees can automatically scale based on fluctuating employee counts—so you’re always fairly compensated as client needs evolve. By treating billing adjustments and scope changes as a routine, expected part of the engagement, firms solidify their value without appearing adversarial or inflexible.

Embracing Modern Engagement Systems: The Path to Business Transformation

This evolution—from billing bottleneck to strategic asset—goes beyond operational efficiency. It marks a foundational shift in how firms approach client relationships.

By tackling the practical and psychological pain points of billing, modern engagement systems let you focus on what truly matters: delivering measurable value. The evidence is clear:

  • Accounts receivable evaporates
  • Annual fee increases of 10% become standard—with minimal client pushback
  • Client relationships strengthen through transparency and respect

Watch the full Earmark Expo to see these tools in action. You’ll see how industry leaders implement automated billing, consistent price updates, and stronger client relationships—freeing them to concentrate on higher-value, growth-oriented services.

The future favors firms that view proposal and payment systems as strategic levers for better, more profitable client relationships. The question isn’t if you should upgrade your engagement systems—it’s how soon you can begin.

When Trust Turns Toxic: Inside the World of Pink Collar Crime

Earmark Team · February 2, 2025 ·

Could your most trusted employee be secretly siphoning company funds?

In a recent episode of the Oh My Fraud podcast, fraud investigator Kelly Paxton shares how seemingly reliable staff—often overlooked for potential misconduct—can exploit organizational blind spots.

According to the Bureau of Labor Statistics, nearly 90% of bookkeepers in the United States are women. While many people assume women are less likely to commit fraud, Paxton warns that it’s not gender but position and access that matter most. By trusting certain employees implicitly and failing to establish strong controls, businesses inadvertently cause serious financial losses. 

As Paxton’s cases illustrate, ignoring stereotypes and adopting “trust but verify” strategies are crucial steps toward preventing fraud.

Kelly Paxton’s Path to Fraud Investigation

Kelly Paxton did not start out in law enforcement. She began her career in financial services as a commodities and bond trader. One day, a U.S. Customs agent called her brokerage firm asking about a suspicious client. Kelly alerted the agents, which led to a deeper conversation—and ultimately, a job offer. She joined U.S. Customs and conducted investigations into money laundering, narcotics, and other major crimes before moving into background checks for federal agencies.

Her investigative focus shifted when she joined a local sheriff’s office and noticed that nearly all the embezzlement suspects she encountered were women. Wanting to understand why, she discovered criminologist Kathleen Daly’s 1989 work referencing “pink collar crime,” a term describing embezzlement often perpetrated by those in bookkeeping or finance positions. Paxton’s takeaway: Access plus trust is the real key—90% of bookkeepers may be women, but it’s the opportunity that matters most.

Understanding Pink Collar Crime

Pink collar crime typically involves smaller amounts stolen over extended periods—fraudsters who make subtle “lifestyle” upgrades rather than lavish purchases. This can happen when the organization deeply trusts an employee. In many cases, they’re seen as family, invited into the home, and never suspected of wrongdoing. Victims are often embarrassed when they discover the truth and hesitate to report it—what Paxton calls “no victim shaming”: the more we shame victims, the less they come forward.

Key characteristics include:

  • Position-based access: Bookkeepers and finance staff control incoming or outgoing funds.
  • Incremental theft: A pattern of small transactions that grow larger over time.
  • Rationalization: Fraudsters may plan to “pay it back” but rarely do.
  • Deep trust: Employers assume loyal staff, especially women, “would never steal.”

When Pink Collar Crime Turns Deadly: “Red Collar” Cases

Most pink-collar crimes involve embezzlement without violence. However, some cases escalate to “red collar crime,” where financial fraud intersects with homicide. As Paxton explains, desperate fraudsters may resort to extreme measures when they fear exposure.

The Lori Isenberg Case

One chilling example is Lori Isenberg, a nonprofit executive director in Coeur d’Alene, Idaho. Her organization provided housing for low-income individuals—hardly the type of place where you’d suspect significant embezzlement. Yet over three years, Lori allegedly stole between $500,000 and $2.5 million by creating fake accounts, forging checks, and misusing her daughters’ and husband’s names.

When investigations closed in on her scheme, Lori took drastic action. In February 2018, on the same day local news broke a story about her suspected fraud, she took her husband out on a boat trip in the freezing Idaho winter. He mysteriously fell overboard and drowned. An autopsy revealed a lethal dose of Benadryl in his system. Lori claimed it was a suicide attempt gone wrong—an explanation contradicted by digital evidence showing she researched how to drug someone with Benadryl.

After disappearing for four months, Lori was eventually caught and accepted an Alford plea, which essentially concedes that a jury would likely find her guilty without formally admitting guilt. She received 30 years for second-degree murder, with an additional 5 years for her financial crimes, making it highly unlikely she will ever be released. The Lori Isenberg case underscores how far a fraudster might go to avoid being exposed—a stark reminder that misplaced trust and weak internal controls can have devastating consequences.

The Role of Trust, Bias, and Access

Society is conditioned to trust women—parents instruct children to seek a “nice lady” for help if they’re lost, for instance. This assumption carries over into workplaces, where female employees handling finances often face less scrutiny.

Paxton recalls her own days in U.S. Customs: “You put two women in a Honda Accord, and no one thinks anything is unusual. You put two men in a Ford Focus, and they’re pegged as cops.” Similarly, a “helpful bookkeeper” can escape suspicion for years.

What About Sentencing?

Sentencing for embezzlement and related fraud varies widely:

  • Federal Cases: They follow sentencing guidelines based on dollar amounts and other factors.
  • Local Cases: Judges can have broad discretion. Some jurisdictions impose tough sentences, while others might view fraud as a “civil matter,” limiting law enforcement intervention unless there are other serious elements (e.g., homicide).

This inconsistent approach can embolden perpetrators who believe they can dodge severe penalties—until a high-profile case, a dogged investigator, or a high-stakes victim (like a large corporation) brings full prosecution.

Avoiding Blind Spots: Trust but Verify

Rather than assuming anyone is “too nice” or “not smart enough” to steal, Kelly Paxton encourages businesses and nonprofits to focus on position-based controls:

  1. Segregate Duties: Ensure no single person handles every financial task.
  2. Surprise Audits: Don’t just check large transactions; occasionally review smaller ones.
  3. Vendor Verification: Confirm that vendors and accounts are legitimate, especially if newly created.
  4. Encourage Transparency: Cultivate a culture where employees and clients can report suspicious activity without fear.
  5. No Victim Shaming: Publicizing embezzlement—when safe to do so—helps others learn and prevents repeat offenders from quietly moving on to the next company.

Learn More from Kelly Paxton

Kelly Paxton now hosts the Fraudish Podcast (formerly Great Women in Fraud), interviewing fraud investigators, victims, and even fraudsters themselves. She also covers topics like red-collar crime, employee embezzlement, and how biases impact investigations. Her new book, Embezzlement: How to Detect, Prevent, and Investigate Pink Collar Crime, is available on Amazon.

For a deeper look at Lori Isenberg’s story—and other fraud sagas—listen to the full episode of Oh My Fraud. You can also earn CPE credit by downloading the Earmark app and completing a short quiz related to the episode.

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