April 27, 2007

Podcasts from FranchiseBusiness.com

Filed under: Top Business News, FranchiseBusiness.com News! — Carl @ 4:59 pm

Welcome to FranchiseBusiness.com’s Podcast shows featuring the movers and shakers in the franchise and business opportunity industry.  These are CEO’s and business people with in-depth knowledge and experiences they want to share with you!  Many of these are exclusive interviews produced by FranchiseBusiness.com’s marketing staff.  Look for a new show every week!

Interview with Paul Miltonberger

Our goal, quite simply, is to make you a more informed, smarter buyer and to help you become a successful franchise business owner!

6 mins 6 meg MP3 file
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Website
Link
Interview with Dr. Robert Needham

For almost 30 years, our company’s principals have been helping folks, just like you, develop their business concept into a franchise. Additionally we match prospective franchise buyers to the right franchisor (business concept) to achieve their dream of owning their own business. In fact, our president has written an industry endorsed book on “Solving The Puzzle Of Owning A Franchise”.

5 mins 7 meg MP3 file
Listen
Website Link
Radio shows featuring Dr. Robert Needham
RADIO WNTN-AM 1550



CITY, STATE:
Boston, MA

DATE OF INTERVIEW:
Thursday, May 3, 2007
TIME OF INTERVIEW:
9:00 AM CT/10:00 AM ET
SIMULCAST ON INTERNET:
[x] Yes [] No
Website Address:
www.wntn.com
LENGTH OF INTERVIEW:
20 minutes - Taped (airdate TBA)
NAME OF HOST:

Paul Roberts
RADIO STATION: WSRQ-AM
1220

CITY, STATE:
Sarasota, FL

DATE OF INTERVIEW:
Friday, May 4, 2007
TIME OF INTERVIEW:
10:00 AM CT/11:00 AM ET
SIMULCAST ON INTERNET:
[x] Yes [] No
Website Address:

www.newstalk1220.com

LENGTH OF INTERVIEW:
15 minutes - Taped (airdate TBA)
NAME OF HOST:

Doug Miles
RADIO STATION: WOCA-AM
1370

CITY, STATE:
Gainesville, FL

DATE OF INTERVIEW:
Monday, May 14, 2007
TIME OF INTERVIEW:
7:40 AM CT/8:40 AM ET
SIMULCAST ON INTERNET:
[] Yes [x] No
LENGTH OF INTERVIEW:
20 min - Live (approx)
NAME OF HOST:

Larry Whitler & Robin MacBlane
 
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April 10, 2007

The #1 Location for your Coffeehouse or Drive Thru!

Filed under: Top Business News, FranchiseBusiness.com News!, Opinion — Carl @ 9:02 am

Evolution of a Coffeehouse: Site Selection

by Karen L. Wagner

The beans can be from the finest coffee estate. The roastmaster may be trained by the best. The equipment may be state-of-the-art. The inviting chairs and eclectic artwork may rival any urban living room. And yet none of this means a thing if there’s one element of your new coffeehouse that’s off–location. In the restaurant business, as in retail and real estate, it’s not only No. 1, but also No. 2 and No. 3 in the list of the leading indicators for success.
We’ve all heard it before–location, location, location.

Yes, even the business plan that you’ve just written can be a masterpiece, but if you open up shop in a lousy locale–well, at least you’ll have something to read. This is definitely one area where you don’t want to learn by mistakes. Simply open up on the wrong side of the street and results cannot only be costly, but deadly–for the business, that is.

Industry consultants, property development executives, and successful independents all will tell you: location makes or breaks a business. These experts may all have slightly different guidelines or formulas to follow when it comes to selecting a site, but there are some factors that across the board must be part of a location if it’s expected to be a success.

What matters are traffic count, area density, visibility and accessibility. Maybe a location won’t be tops in all of these categories, but keep these factors in mind when selecting your site and chances are you won’t have a problem attracting customers to sit on your perfectly relaxing couch while sipping a perfectly made latte.

LOTS OF PEOPLE

Some consultants or coffeehouse owners may have magic numbers that a prospective location must offer in order to be considered. But the underlying concept of what makes a good location is really quite simple–lots of people.

Density is paramount no matter the type of operation, whether it’s a sit-down coffeehouse, drive-through, cart or kiosk, says Ed Arvidson, co-founder of Bellissimo Coffee InfoGroup and now an independent consultant based out of Bend, Ore.

Arvidson has helped hundreds of clients open specialty coffee concepts throughout the country. He advises newcomers to the industry to remember that coffee drinks are primarily an impulse buy and most people won’t go out of their way to seek a cup of coffee. Therefore, the more people, the more prospective impulses will be passing your door.

"You want to put yourself where there’s a lot of people, whether it be

a) they’re passing by you on their way to their destination for the day or

b) if you’re actually located around their probable destination for the day," he explains.

In general, Arvidson says, the formula is a capture rate of 10 percent to 20 percent of passersby for sit-down locations and carts and kiosks, and between a 1/2 percent and 2 percent of drive-by traffic for drive-throughs. So, he calculates, if a drive-through has 50,000 cars passing by every day, at least 250 of those cars should be pulling up to your window.

HOW CAN YOU TELL?

OK, so an area looks like it has a lot of people and/or car traffic–but how do you get some good hard numbers that will back up appearances?

Arvidson says that traffic-flow maps are sometimes available for free from city or county agencies. These maps are derived from measuring the traffic flow on specific streets, he explains.

In addition to objective demographic data, The Coffee Bean & Tea Leaf collects subjective data on its potential sites, which can involve visits to get a feel for the location.

Research consultants can be one source of demographical information. Paul Goldman, whose company runs The Coffee Bean & Tea Leaf concept, says he uses firms that provide precise information that pinpoints data to a specific intersection. The data, Goldman explains, is based on U.S. Census research that includes, among other statistics, population density, daytime population, income levels, number of people per household, and even the percentage of people who commute to work. In addition to this objective data, Goldman says they also look at subjective data, which requires some legwork. This data comes from actual visits to the prospective location.
"Sort of kicking the dirt, getting out and taking a look at the particular piece of real estate," says Goldman, vice president of real estate and construction for Los Angeles-based International Coffee & Tea, LLC.

While researching a site, Timothy’s Coffees of the World conducts an objective analysis of all its common demographic information.

Becky McKinnon, president of Toronto-based Timothy’s Coffees of the World, LLC, says her company also does an objective analysis that includes all the common demographic information that would interest any coffeehouse owner.
"It’s generally a pretty yuppie profile," McKinnon says, not unexpectedly.
"It really lends itself to a more urban mindset."

While obviously important, objective information is not enough to evaluate a site properly, McKinnon says. Like Goldman, she suggests that prospective coffeehouse owners actually go to the location and spend time surveying the site.
"The only way to really make the objective information make sense is to actually look at who does go by. What is the behavior? What is the competitive landscape? What are people doing when they’re passing your space?" McKinnon offers.
"You can have a lot of traffic going past, but if it’s in a location where it’s not convenient for them to stop, that may not do you any good."

Goldman suggests going to the site different days of the week at different times of the day to gauge when traffic is highest. It’s pretty standard that coffee concepts do the highest percentage of their business in the morning hours, but there needs to be some business coming in the afternoon hours, as well.

"What might be a very busy intersection at 8 or 9 in the morning is relatively quiet at 1 or 2 in the afternoon," he says.

OUT IN THE OPEN

In addition to traffic count and density, other criteria by which to measure the potential of a coffeehouse site include visibility and accessibility.

First, if the business is going to depend on commuter traffic from a major roadway, then the building must be visible from that roadway.
"In other words, are you going to stand out? Are you going to be easy to see to people passing by, or are they going to have to come hunting for you?" asks consultant Ed Arvidson. Remember Arvidson’s contention that coffee tends to be an impulse buy, so if your coffeehouse can’t be seen, there can’t be an impulse.

Arvidson recommends locations on the site of strip shopping malls that are not within the main strip of the mall, but pushed out near the street. These may be the sites of former convenience stores or banks.
"That’s a great location," says Arvidson, explaining that it’s better to stick out from the other businesses than to be saddled on each side by other retailers. Such a stand-alone site may even accommodate a drive-through window, he adds.

Going along with visibility is accessibility. Maybe commuters can see your location from the highway, but is it easy for them to get there? Is the entrance easy to access? The same goes for the exit, but in reverse. Is it easy to gain access back to the roadway from the location? Ingress/egress issues may not be apparent at first, but if it’s hard for customers to access your store, well then, they won’t.

The opportunity for visible signage, along with proximity/access to parking are other factors to consider, says Paul Goldman, who adds that the quality of these criteria can really only be measured by onsite inspections.

"Certainly on the more subjective side, we look for great visibility, great accessibility, an opportunity for highly visible signage, good, easily
accessible parking within close proximity of our front door,"
he says.

RE-THINK THAT STRATEGY

You’ve found a location that gets 100,000 cars passing by every day. It’s clearly visible from the road, easy to get into and out of. There’s even a convenient place to put a sign that those 200,000 eyes will be seeing every morning. Think you’ve found your dream locale? Wake up. Yup, there’s yet another factor that needs to be considered–that little thing called rent.

Sure, that traffic count is astronomical but it ultimately has to be rolled up into revenue estimates so you can compare the rent with the revenue stream.
"I think often, particularly when people see a location they think is going to be great, they talk themselves into a higher rent than they probably really should be willing to pay," Becky McKinnon says.
"You might have a good location, but you might still not make it if you’re paying too much rent."

Timothy’s, for example, used to have locations in Manhattan, where there is some of the most expensive real estate in the world. McKinnon says the high rent was a factor in the decision to close all 18 Timothy’s locations in Manhattan, the first of which opened 10 years ago. Sales volume couldn’t justify the cost of rent, and McKinnon says the company decided to focus marketing resources on the Canadian market rather than New York.

Arvidson uses a simple formula to gauge whether potential revenues will be enough to cover the rent and then some. He advises clients to multiply the amount of the rent by 10. The result is the breakeven number. So, for example, if rent is $3,000 per month, a coffeehouse will have to bring in revenues of $30,000 per month. Breaking that figure down, the daily intake is $1,000 a day. Figure an average check of $3.50 to $5 per person, he says, and that means about 200 customers per day, which means if a store is open 10 hours, then you’ll need to serve 20 customers per hour.

However, don’t let a high rent figure scare you off right away. Arvidson recalls a client who paid $6,500 per month for a kiosk site at an airport.
Arvidson was astounded at the figure until his client told him she took in $5,000 to $6,000 a day in sales. A good deal? Just do the math.

Another common mistake that his clients have fallen prey to happens when they lead with their heart and not their head. Sometimes, Arvidson says, clients fall in love with the site’s building, which is something you definitely don’t want to do in business. He tells about one client in Monterey, Calif., who found a site with a beautiful location in an Spanish-style building adorned with terra cotta floors and arched windows and overlooking the bay. The problem? There was nothing around the building except for a bike path. Where, Arvidson remembers asking his client, would business come from?

"That’s a primary mistake that I see people make," he says. "They get emotionally involved in their business."

Arvidson also advises clients not to rush into any decisions. Even if it takes two years to find a location, he says it’s worth the wait because it can mean the difference between success and failure.

Goldman adds that certain demographic information, such as income level, may no longer be as important as originally thought. A neighborhood may not have an average household income of $60,000, but it doesn’t mean that people won’t buy coffee.



"What we’re offering is really sort of an affordable luxury,"
says Goldman, noting that most of The Coffee Bean & Tea Leaf coffeehouses in the United States are located in affluent areas of California because the original thinking was that the customer base was price-sensitive.
"But the more we grow and the more we expand, we’re finding that we can be equally successful in areas that aren’t quite as affluent."

PULL IT TOGETHER

Traffic count may be the most important of the criteria of site selection but all the factors really need to be weighed together. Relying on objective information such as demographics and traffic count is crucial, but also remember that going out and getting a feel for the place is equally important. Stand on the corner, talk to customers of nearby retailers. Talk to other business owners. Would a coffeehouse fit in? Is there a lot of traffic–vehicular and foot–in the morning?

Yes, you’ll also have to do some handy calculating to evaluate whether the rent (or cost of the property) is too high for the sales that a coffeehouse business could generate at that location. This is not subjective information–these are cold, hard facts–use your head, not your heart.

Finally, settling for a mediocre location just because it’s been six months and you can’t find anything else is not a strategic move. Take your time. It will mean all the difference.

"You can have an absolutely wonderful business idea. You can execute your build-out wonderfully, you can have a great menu, you can have great service," Arvidson warns.
"If you have a terrible location, you’re probably going to fail anyway."

—————

SUREFIRE SITES

  1. Are there locations that scream,
  2. "Put your specialty coffee concept here!"
  3. Factories, office buildings/complexes, college campuses and large airports are wonderful locations, says industry consultant Ed Arvidson.

While there are more opportunities on the East Coast than the West Coast, the problem is in finding available sites, he comments.

Arvidson advises against shopping mall locales because they tend to be afternoon destinations and coffee is mainly a morning beverage, but others see the malls as good prospects.

Timothy’s Coffees of the World, LLC, a Toronto-based franchiser of Timothy’s World Coffee, views shopping malls as a viable location. Many of Timothy’s 150 specialty coffee stores are in shopping mall sites, where they have set up kiosks. The small stores are out in the open in the midst of a lot of foot traffic and not tucked in between stores, says Timothy’s president, Becky McKinnon.
"The kiosks are small, but locations don’t have to be perfect to be profitable. So we’ll sacrifice quantity of space for prominence of location."

In addition to shopping malls, McKinnon says the company’s really successful locations have been in convention centers with attached office buildings and office complexes.

Locations that can draw on all types of traffic–from residential to retail to commercial–are, of course, ideal.

"The perfect scenario for us is being located in a high-density retail center or retail corridor that is surrounded by residential. You kind of get the best of all worlds," says Paul Goldman, vice president of real estate and construction for Los Angeles-based Coffee & Tea, LLC, which operates 240 The Coffee Bean & Tea Leaf stores globally and are located in business districts, shopping centers and residential areas.

What they really look for, says Goldman, is co-tenancy: locations next to large retailers, such as supermarkets.
"You can feed off the traffic that the other retailers or businesses in the area generate," Goldman says.

Goldman says his company steers away from budding population areas that haven’t reached their peak growth, such as new residential communities. The supermarkets may stake hold first, but Goldman says they want to see a proven track record first.
"We don’t want to get there ahead of the curve, necessarily," he says.
"We want to get there when the population, the density is already there."

What if there’s already a coffeehouse within close proximity? Competition doesn’t necessarily have to be a negative. Arvidson says he prefers locations where there isn’t another coffeehouse for miles around, but if there is then you have to work on offering better service, a better product, a more attractive store, or a wider selection of drinks.
"You need to carve out some type of niche," he says.

McKinnon adds that any competition needs to be carefully considered. If there is another coffeehouse across the street, then you want to be sure you’re on the breakfast side of the street to catch morning commuters. In general, though, she says competition is just a fact of life.

"If you’ve got a great street corner, and you’ve got (customers) lined up out the door," she comments,
"the odds that you’re going to have another coffee store near you fairly soon are pretty high."

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April 2, 2007

TOP 10 States - Which states love small business?

Filed under: Top Business News, FranchiseBusiness.com News! — Carl @ 4:23 am

Which states love small business?

An exclusive FSB.com list rates states by how low they are on taxes and regulations facing entrepreneurs.
By Christian Zappone, CNNMoney.com staff writer
October 31 2006: 11:43 AM EST

NEW YORK (CNNMoney.com) — Its winters may be freezing cold, but South Dakota enjoys the warmest tax and regulatory climate for entrepreneurs, according to exclusive rankings for FSB.com from the Small Business & Entrepreneurship Council. Other states in the top 10 are: Nevada, Wyoming, Alabama, Washington, Florida, Mississippi, Colorado, Texas and Michigan.

Fortune Small Business’s list of who loves small business, released today, is based on the SBE Council’s Small Business Survival Index, which rates the 50 states and Washington, D.C. according to some of the major government-imposed or -related costs affecting investment, entrepreneurship, and business…  [MORE]


Who loves small business best?
2006 - Which states are low on taxes and light on government regulations? Exclusive rankings for FSB.com from the Small Business & Entrepreneurship Council.*

Rank State Index score
1
South Dakota
26.36
2
Nevada
29.92
3
Wyoming
35.84
4
Alabama
40.33
5
Washington
40.42
6
Florida
40.82
7
Mississippi
41.09
8
Colorado
42.68
9
Texas
42.71
10
Michigan
42.74
11
South Carolina
44.56
12
Indiana
44.87
13
Tennessee
44.97
14
Virginia
45.46
15
Arizona
45.75
16
Pennsylvania
45.86
17
Alaska
46.77
18
New Hampshire
47.26
19
Delaware
47.31
20
Arkansas
48.16
21
Illinois
48.49
22
Missouri
49.24
23
Oklahoma
49.46
24
North Dakota
49.85
25
Georgia
49.90
26
Utah
50.10
27
Wisconsin
51.48
28
Maryland
51.85
29
New Mexico
52.51
30
Montana
53.90
31
Nebraska
54.22
32
Connecticut
54.25
33
Louisiana
54.27
34
Idaho
54.52
35
Kansas
54.80
36
Kentucky
56.27
37
West Virginia
56.66
38
Ohio
56.73
39
Oregon
57.06
40
North Carolina
57.48
41
Iowa
57.76
42
Vermont
59.48
43
Massachusetts
61.06
44
Hawaii
62.61
45
New York
62.65
46
Minnesota
63.59
47
Maine
63.99
48
Rhode Island
64.97
49
California
65.12
50
New Jersey
65.35
51
Washington, D.C.
**
75.42

Footnotes:
* SBE Council, a Washington, D.C.-based nonprofit which advocates for reduced government taxes and regulations on small business, tends to lobby for the Republican agenda when it comes to taxes and regulations.
** Washington, D.C. was not included in a study ranking states by liability systems, so DC.’s index score is underestimated.

(Source: CNNMoney.com)

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March 30, 2007

IRS Top “What Not to Do” List for Corporations

Filed under: Top Business News — Carl @ 5:28 am

FY2006 Examples of Corporate Fraud Investigations

The following examples of corporate fraud investigations are excerpts from public record documents on file in the court records in the judicial district in which the cases were prosecuted.

Former Vice President of Taxation at Tyco Pleads Guilty to Filing a False Corporate Tax Return

On September 20, 2006, in Palm Beach, FL, Raymond Scott Stevenson pleaded guilty to a one count criminal Information charging him with filing a false corporate tax return. Stevenson admitted to intentionally failing to report more than $170 million in income on Tyco International Ltd.’s 1999 corporate tax return, which would have resulted in an additional tax liability of approximately $50 to $60 million. Stevenson was Tyco’s top tax advisor and served as Tyco’s Vice President in charge of taxation, where his responsibilities included overseeing the preparation and filing of Tyco’s corporate tax returns. Pursuant to his plea agreement, Stevenson has agreed to cooperate with the United States and the IRS in any on going investigations. Sentencing is scheduled for November 29, 2006.

Father and Son Sentenced for Roles in Racketeering and Money Laundering Case

On September 6, 2006, in Savannah, GA, Martin J. Bradley, Jr., and Martin J. Bradley III, father and son, were sentenced for their roles in a massive healthcare fraud case. Specifically, Bradley III was sentenced to 25 years in prison to be followed by three years of supervised release, and ordered to pay $27.8 million in restitution to victims and a $5 million fine. In addition, Bradley III agreed to forfeit $39.5 million. Bradley, Jr. was sentenced to 225 months in prison to be followed by three years supervised release and fined $1.5 million. The Bradleys were the owners and officers of Bio-Med Plus, Inc. (Bio-Med), a prescription drug wholesaler corporation. On March 31, 2006, Martin J. Bradley III and Martin J. Bradley, Jr. were convicted by a jury of racketeering, money laundering, conspiracy, and other federal charges. Additionally, Bradley, Jr. was also convicted of two counts of failure to report a foreign financial interest. According to court documents, the case arose out of an investigation into the unlawful purchase and sale of prescription drugs, primarily blood derivatives used in the treatment of cancer, AIDS, hemophilia and other critical care illnesses. The evidence at trial showed that from 1996 through 2002, Bradley III, Bradley, Jr. and Bio-Med Plus were engaged in the buying and selling of tens of millions of dollars worth of fraudulently obtained prescription drugs, including drugs already paid for by the Florida and California Medicaid programs. In addition to the Bradleys, Bio-Med was ordered to pay over $27 million in restitution, a $21,200 assessment, and $26,500,000 fine. Another defendant convicted with the Bradleys, Albert Tellechea, was sentenced to 60 months in prison to be followed by three years of supervised release, and ordered to pay $3,294,077 in restitution, as well as a $100 assessment and $100,000 fine.

Defendant in SureWest Fraud is Sentenced; Ordered to Pay $2 Million in Restitution

On August 22, 2006, in Sacramento, CA, Henry M. Kaiser was sentenced to 12 months and one day in prison for his role in a scheme to misappropriate $25 million from SureWest Communications, a publicly traded company based in Roseville, California. Kaiser was also ordered to pay $2 million in restitution and a $25,000 fine. Kaiser pleaded guilty in April 2004 to interstate transportation of money obtained by fraud and conducting a monetary transaction in criminally derived property. At the time he entered his guilty plea and in a sentencing memorandum filed last week, Kaiser admitted that he and Larry J. Wells used their San Francisco based venture capital company, Quivira Ventures, and their relationship with a key SureWest employee, to divert the funds from SureWest. Jeffrey Wells, a senior treasury analyst for SureWest Communications, had access to large amounts of SureWest’s funds. Beginning in January 2003, Wells wire transferred SureWest funds to Quivira in amounts of up to $25 million. Kaiser admitted that at the time these transfers were made he knew that Wells did not have authority to make such transfers and knew that there was no documentation memorializing any agreement between SureWest and Quivira Ventures regarding the money. Kaiser also admitted that in order to cover up the scheme, Quivira would periodically return the misappropriated funds to SureWest so that SureWest auditors would not discover that the funds were missing. However, Wells would typically return these funds to Quivira a short time later. After receiving the SureWest funds, Kaiser and a co-conspiractor transferred the funds to various Quivira Ventures accounts, including accounts in Europe. Then in September 2003, the Union Bank of Switzerland transferred $2,000,000 of those funds out of Quivira’s control and into an account under the name of “Lybra” at Banca di Roma in Luxembourg.

Chicago Businessman Sentenced for Failure to Pay Taxes

On May 16, 2006, in Chicago, IL, Donald Boroian, president of Francorp Inc., was sentenced to 12 months and one day in prison and two years supervised release. Boroian pleaded guilty in March 2006 to one count of failing to report $388,752 in income from Francorp for the 1998 tax year and failing to pay approximately $108,850 in tax. Boroian also admitted that he did not report an additional $875,337 during a four year period.

Aspen Developer gets 15 Month Prison Term for Obstructing a Tax Audit

On April 28, 2006, in Denver, CO, George Gradow was sentenced to 15 months in prison and ordered to pay $128,185 to the Internal Revenue Service after pleading guilty to obstructing a tax audit. According to the court documents, Gradow destroyed, altered and/or created false documents to hide financial information from an IRS revenue agent. In court documents, Gradow admitted that he tried to conceal his company’s 1999 tax underpayment by destroying original documents and by changing interest rates and due dates on promissory notes and real estate lease documents as well as changing lease terms.

Owner of California Lumber Company Sentenced to 15 Months in Prison

On April 25, 2006, in San Francisco, CA, Lee Nobmann, the CEO and owner of Golden State Lumber (GSL), was sentenced to 15 months in prison, fined $40,000 and ordered to pay $330,000 in restitution. Nobmann pleaded guilty on Dec. 8, 2005, admitting that he had his company pay for his personal expenses and deduct the funds as the company’s business expenses from 1996 to 2000. Nobmann also acknowledged that he received rebate checks from vendors and deposited them into his personal bank account and did not report the payments as income for the company or as income on his personal income tax returns. As a result, his company underreported its income by approximately $1.1 million and he did not report the income on his personal income tax returns. Nobmann illegally avoided paying approximately $330,000 in taxes. The illegal activity came to light when he fired the CFO of GSL. Shortly after his termination, the CFO called the IRS to report Nobmann for tax evasion.

Local Businessman Sentenced to Eight Years in Fuel Tax Scheme

On Friday, April 7, 2006, in Alexandria, LA, Steve Lacombe received a 98 month prison sentence and was ordered to pay restitution of $2.7 million to the IRS for selling tax free fuel for taxable uses and not paying federal excise tax to the government. The fuel distributor admitted that he installed trap devices in his company’s trucks to prevent red dye from mixing with the fuel and then sold the tax free fuel to truck stops and gas stations. According to the superseding Indictment, Lacombe filed returns claiming gross receipts in excess of $15.2 million and $12.3 million for tax years 1998 and 1999, respectively. The investigation disclosed that Lacombe received additional income of $326,109.75 and $477,099.56 for the 1998 and 1999 tax years, which was not reported to the IRS. The conspiracy between Lacombe and a co-conspirator, Richard Young began in early 1994 and continued until 2003.

Former President of Tools and Metals Inc. (TMI) Sentenced to More Than 7 Years in Prison

On March 27, 2006, in Fort Worth, TX, Todd Brian Loftis was sentenced to 87 months in prison and ordered to pay $20,000,000 in restitution. In December 2005, Loftis pleaded guilty to a one-count Information, charging conspiracy to defraud the Government with false and fraudulent claims. Loftis admitted that from 1998 through 2004, as President and Chief Operating Officer of Tools and Metals, Inc. (TMI), he, along with others conspired to defraud the U.S. Department of Defense and Lockheed Martin Aeronautics by obtaining payments from Lockheed and the Department of Defense by making false and fraudulent billings. TMI and Loftis realized approximately $20 million in profits on these fraudulent sales to the government.

Defendant Sentenced to 13 Years in Federal Prison for $400 Million Payphone Investment Fraud

On February 23, 2006, in Atlanta, GA, Charles E. Edwards was sentenced to 13 years in prison to be followed by 3 years of supervised release, and was ordered to pay $320,397,837 in restitution following his September conviction on charges of wire fraud, money laundering, and conspiracy to commit money laundering. The evidence showed that from 1996 through September 2000, Edwards, the founder of ETS Payphones, Inc. (ETS), raised capital to grow his coin-operated payphone business by using a network of independent insurance agents to sell payphones to investors throughout the United States for $5,000 to $7,000 per phone. Edwards convinced investors to buy payphones and lease them back to ETS for what Edwards claimed would be a recession-proof, guaranteed profit of approximately 14 percent per year. Edwards promised he would buy back their phones upon request, when, in fact, the company did not have the financial ability to do so. The scheme defrauded approximately 12,000 nationwide investors out of more than $400 million. The evidence also showed that in July 2000, just two months before ETS filed bankruptcy; Edwards personally assured investors that ETS was financially sound and had made a profit of nearly $8,700,000 the previous year. In truth, ETS was never profitable and always needed to obtain money from new investors to make the monthly lease payments to existing investors. Edwards siphoned off approximately $21 million of the fraud proceeds for himself and his wife, also using a significant portion of the fraud proceeds to promote the scheme to defraud by paying commissions to the many sales agents who sold the payphones to the victims, and by attempting to create an aura of legitimacy for himself and for his company by the use of private jets, luxury automobiles, and beach-front homes at Sea Island and St. Simons Island, Georgia. In addition, the evidence showed that Edwards engaged in a series of unusual and convoluted financial transactions, which served no legitimate business purpose and were intended solely to conceal and disguise the source, location, ownership, nature, and control of the proceeds involved in those transactions.

German Bank HVB Admits Criminal Wrongdoing and Agrees to Pay $29 Million as Part of Deferred Prosecution Agreement

On February 14, 2006, in New York City, NY, German Bank Bayerische Hypo- und Vereinsbank AG (HVB) admitted to criminal wrongdoing and agreed to pay $29,635,125 in fines, restitution and penalties as part of an agreement to defer prosecution of the bank in relation to its participation in the implementation of fraudulent tax shelters devised by the accounting firm KPMG and others.

Business Man to Serve 27 Months for Failure to Remit Payroll Taxes in Excess of $3 Million

On January 30, 2006, in Toledo, OH, Tony M. Tate was sentenced to serve 27 months in prison, followed by three years supervised release for willful failure to pay employment taxes. Tate as co-owner, Vice-President, and operator of American Digital Technologies Corporation, Inc (ADT) was charged in April 2005 with willfully failing to account for and pay to IRS $3,213,753 in payroll taxes. The taxes represented both the payroll taxes withheld from the salaries of ADT employees in the amount of $2,350,603 and the contributory payroll taxes in the amount of $863,150 that ADT was required to pay to the IRS. According to his plea agreement, Tate admitted he was responsible for ADT’s compliance with its federal tax obligations. Tate further admitted he willfully caused ADT not to file 13 quarterly federal payroll tax returns (forms 941) for the calendar quarter ending December 1998 through the calendar quarter ending December 2001.

Metabolife International Inc. Sentenced for Filing False Corporate Tax Returns

On December 16, 2005, in San Diego, CA, Metabolife International Inc. was sentenced and ordered to pay a criminal fine of $600,000 for filing false corporate income tax returns. Metabolife pleaded guilty on October 5, 2005. According to the plea agreement, William Bradley, one of the owners of Metabolife, willfully caused Metabolife to file corporate income tax returns which failed to include: (1) $231,644 in income from “off-the books” accounts; (2) $335,066 in corporate income that was falsely classified as repayment of shareholder loans; and (3) $500,000 in overstated “sales returns and allowances” that was, in reality, distributed to Metabolife’s principals. As a result of omitting these items, Metabolife evaded the payment of over $339,000 in income taxes.

Chicago Businessman Sentenced to 63 Months in Prison

On November 21, 2005, in Chicago, IL, Rodney Dixon was sentenced to 63 months in prison and ordered to pay $10,331,407 in restitution. Dixon was a business man who operated Lucrad International and posed as a religious communications mogul. Lucrad International sold religious and music recordings nationwide. Dixon pleaded guilty to five counts of mail and wire fraud and one count money laundering. Dixon pleaded to inflating the company’s net worth to defraud six equipment-leasing companies and a Texas bank of millions of dollars.

Metabolife and Owner Plead Guilty to Tax Charges

On October 5, 2005, in San Diego, CA, William Robert Bradley, one of the owners of Metabolife International, Inc., and the corporation Metabolife International, Inc. pleaded guilty to tax charges. According to the plea agreements, Bradley evaded paying the taxes by a variety of complex methods and schemes, including the diversion of corporate profits, improper classification of corporate income, failing to report personal income from his towing company, and utilizing a charitable foundation to conceal and disguise income. Further, according to the plea agreements, Bradley, acting as an agent of Metabolife, knowingly and willfully caused Metabolife to subscribe to false corporate federal income tax return for calendar year 1997 and 1998. Metabolife knew that its 1997 and 1998 corporate tax returns failed to include: (1) $231,644.41 in income from the “off-the-books” accounts; (2) $335,066.61 in corporate income that was falsely classified as repayment of shareholder loans; and (3) $500,000 in overstated “sales returns and allowances” that was, in reality, distributed to Metabolife’s principals. As a result of omitting these items, Metabolife evaded the payment of $339,221.23 in income taxes. As an outcome of the plea agreements, the defendants have agreed to pay over $6 million in back taxes, penalties and interest.

FY2005 Examples of Corporate Fraud Investigations

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Buyer beware. If it sounds too good to be true, it probably is.

Filed under: Top Business News — Carl @ 4:53 am

Franchisees Can Learn From Others’ Mistakes

By RICHARD GIBSON - Startup Journal (Wall Street Journal Center for Entrepreneurs)
Dow Jones Newswires

These familiar warnings aren’t enough to keep many people from stumbling into scams involving franchises. So, to remind people to watch their step, the Federal Trade Commission periodically publicizes a collection of cases involving allegedly illegal pitches to potential franchisees and other aspiring entrepreneurs.

The FTC’s latest effort is called Project Fal$e Hope$, a compilation of more than 100 cases pursued last year by state and federal authorities. The Fal$e Hope$ cases range from fly-by-night fleeces operated by ex-felons and professional con men to paperwork stumbles by established franchisers, or so-called administrative violations. But in all cases, laws were broken or regulations ignored. Each case is unique and instructive in its own way, but there are also some broad lessons to be learned… [MORE]

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