Lying On Expense Reports Can Eliminate Rights To All Compensation, Even For A Company President

The First District of the Illinois Appellate Court upheld a $9.8 million award for ICD Publications, Inc. against Ian Gittlitz this December, http://www.state.il.us/court/Opinions/AppellateCourt/2014/1stDistrict/1133277.pdf Mr. Gittlitz had admitted to fraudulently taking more than $1 million in advances on entity distributions, without information to the other two co-owners of ICD Publications, Inc. He had signed an agreement…

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IRS Seizes Cash Deposits

The New York Times this week described an asset forfeiture case involving a restaurant with routine cash deposits of less than $10,000. http://www.nytimes.com/2014/12/14/us/irs-asset-forfeiture-case-is-dropped-.html?_r=0 Take-away: Get the information for a Form 8300, including taxpayer information numbers, for cash payments, even those involving non-terrorist items like Iowa eggs and bacon for breakfast, or risk equivalent (and unjustified) government…

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How Do We Get Rid Of Junior?

More than three quarters of all businesses in the US are family run. (The proportion is even higher elsewhere.) Family ownership means that family relationships, for good or for bad, often trump (or at least complicate) whatever the corporate documents say should be done about distribution of profits; hiring, firing, and promotion of managers; purchase…

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Money Sources For A New Product Or Company

The traditional sources of funding, for companies that don’t expect to grow enough to pay 50 times investment in two years (a tech angel funder’s demand) or 10x in two years (venture capital’s demand), while giving up control of their business, are: a. Factoring: Business factors deal with multi-billion dollar funds like Bibby (http://www.bibbyusa.com/) to…

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Business Owner Asset Loan Guarantees Don’t Produce Personal Title To Assets

Owners of part of a business who guarantee auto or other asset loans for the company do not get title to the asset for which the loan is made. They may or may not even get credit for a capital contribution to the company, depending on the internal organizational agreements (partnership agreement for a partnership,…

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Buy-Sell Agreements

There are two times that business partners argue: when they have money, and when they don’t. Those alternatives cover all available time segments, so if you’re advising people on how they should organize their business, some rules for the arguments may be in order. The classic horror story about such arguments is the Illinois appellate…

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