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Article
Publication date: 13 October 2023

Henry Ordower

This paper aims to address the fundamentals of tax planning and seeks to focus on the opportunities and root causes for tax planning.

Abstract

Purpose

This paper aims to address the fundamentals of tax planning and seeks to focus on the opportunities and root causes for tax planning.

Design/methodology/approach

The paper reviews the current state of tax planning with case studies that reveal fundamental statutory structural opportunities.

Findings

While some, possibly many, tax advisers lack integrity and recommend tax structures to their clients that are inconsistent with reasonable interpretations of the tax law, most advisers, even very aggressive and creative advisers, probably do not. The paper suggests that it may be futile to seek to deter tax professionals from designing and marketing tax plans unless legislation makes tax advisers jointly responsible with their clients for their clients’ tax underpayments.

Practical implications

Short of such a radical approach, governments must commit first to altering the basic structure of their tax laws to make aggressive tax planning uninviting.

Originality/value

The paper offers original insights into the inseparability of the legislative process from the creation of unnecessary tax planning opportunities.

Details

Journal of Financial Crime, vol. 31 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 20 April 2023

James F. Gilsinan, James E. Fisher, Muhammad Q. Islam, Henry M. Ordower and Wassim Shahin

Efforts to combat corruption in society often seem to resemble a game of whack-a-mole. When dealt with in one sector of the society, it pops up in another, and while that is being…

Abstract

Purpose

Efforts to combat corruption in society often seem to resemble a game of whack-a-mole. When dealt with in one sector of the society, it pops up in another, and while that is being dealt with, it again raises its ugly head in the place where it had appeared to be suppressed. This paper aims to present a model of how corruption spreads based on an alternative view of its main components.

Design/methodology/approach

Key elements of the model are analyzed by applying them to particular examples of systemic ethical failures using a variety of mini cases across a number of policy areas.

Findings

Corruption is based on conformity rather than rule breaking. Furthermore, personal or corporate gains are not sufficient as causes of ethically problematic actions. More fundamentally, survival of the organizational enterprise is the driving force in spreading corrupt behavior.

Practical implications

This paper concludes with a discussion of the model’s efficacy for formulating legislative solutions for ethical lapses in a particular policy area. Again, a mini cases study is used to illustrate the main points of the argument.

Originality/value

Viewing systemic ethical failures through this alternative lens may well result in more effective ways to combat the spread of corrupt practices.

Details

Journal of Financial Crime, vol. 30 no. 5
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 3 March 2020

James F. Gilsinan, James E. Fisher, Muhammad Islam, Henry M. Ordower and Wassim Shahin

The purpose of this study is to examine the efficacy of various policy options for curbing the accumulation of illegal wealth and suggest ways to close the increasing wealth…

Abstract

Purpose

The purpose of this study is to examine the efficacy of various policy options for curbing the accumulation of illegal wealth and suggest ways to close the increasing wealth inequality gap.

Design/methodology/approach

The paper begins with a historical/literary analysis of the place of wealth in American Society and the ambivalent cultural attitudes toward wealth. Different policy approaches that seek to limit wealth inequality and the illegal accumulation of wealth are then examined. Finally, the current policy climate in the USA is reviewed to determine the likelihood of meaningful reform.

Findings

In Europe, the BASEL accords show promise for curbing the illegal accumulation of wealth by politically exposed persons. In the USA, tax reform efforts can close the wealth gap, but the current political landscape makes meaningful reform challenging particularly given the increasing use of “dark” money to influence elections.

Research limitations/implications

Because financial reform is a moving target in both Europe and the USA, subject to the ebb and flow of political forces, it is difficult to predict what major reforms will be possible.

Practical implications

Without meaningful reform, an increase in populist movements can be expected (e.g. Brexit and Trump) with an overall, long-term negative impact on democratic capitalism.

Social implications

The wealth gap and the sense that the system is rigged against the common people will result in increasing political turmoil.

Originality/value

Combining literary/historical analysis with the analysis of current policy interventions provides a set of tools not usually used in the examination of financial crimes.

Details

Journal of Financial Crime, vol. 27 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 February 2001

James Fisher, Ellen Harshman, William Gillespie, Henry Ordower, Leland Ware and Frederick Yeager

In late 1999, Congress enacted financial modernisation legislation that dramatically deregulated the financial services industry and expanded the powers of financial institutions…

Abstract

In late 1999, Congress enacted financial modernisation legislation that dramatically deregulated the financial services industry and expanded the powers of financial institutions in the USA. In keeping with this deregulation and expanded powers, the regulatory landscape and enforcement mechanisms also changed. While many applaud this legislation, others point to previous US experience where financial deregulation overwhelmed federal regulators and resulted in massive failures of financial institutions and, consequently, in huge federal bailouts. The authors examine here the prospect of supplementing regulation with certain forms of private intervention. Specifically, they address the question: is there a role for whistleblowing and bounty hunting as means of supplementing existing regulation in the financial services industry?

Details

Journal of Financial Crime, vol. 8 no. 4
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 31 December 2002

Ellen Harshman, Muhammed Islam, Camille A. Nelson and Henry M. Ordower

Investigates the effects on the family and society when an American business owner hides his wealth from creditors and family members, based on a case study where a non‐custodial…

Abstract

Investigates the effects on the family and society when an American business owner hides his wealth from creditors and family members, based on a case study where a non‐custodial father moved funds into highly secret jurisdictions to evade US tax, disappeared, and left his wife left liable for debts. Discusses the ethics of responsibility as they apply to this case of failure to act responsibly, comparing deontological and consequentialist approaches. Outlines the legal remedies for preserving assets: equitable remedy of a preliminary injunction, pre‐judgment attachment, garnishment of wages, transference of property titles, shifting tax burdens, recapturing property, invalidation of obligations, criminalisation of bankruptcy fraud, awarding attorneys’ fees, and contempt rulings. Moves on to the wife’s tax obligations and tax relief, including trust fund taxes and offers in compromise, and then to wider social and behavioural aspects of such cases like childrearing, divorce and remarriage, labour supply, and the feminisation of poverty.

Details

Journal of Financial Crime, vol. 10 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

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