October 19, 2021

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Federal Court Permanently Shuts Down Michigan Tax Preparers

12 min read
<div>A federal court in the Western District of Michigan has permanently enjoined a married couple from preparing returns for others and from owning, operating, or franchising any tax return preparation business in the future.</div>
A federal court in the Western District of Michigan has permanently enjoined a married couple from preparing returns for others and from owning, operating, or franchising any tax return preparation business in the future.

More from: October 5, 2021

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  • Federal Charges Against Stanford University Researcher Expanded
    In Crime News
    A federal grand jury issued a superseding indictment charging Chen Song with visa fraud, obstruction of justice, destruction of documents, and false statements in connection with a scheme to conceal and lie about her status as a member of the People’s Republic of China’s military forces while in the United States, the Justice Department announced yesterday. 
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  • Medicaid Long-Term Services and Supports: Access and Quality Problems in Managed Care Demand Improved Oversight
    In U.S GAO News
    At the state and federal levels, GAO found weaknesses in the oversight of Medicaid managed long-term services and supports (MLTSS), which assist individuals with basic needs like bathing or eating. Through various monitoring approaches, six selected states identified significant problems in their MLTSS programs with managed care organization (MCO) performance of care management, which includes assessing beneficiary needs, authorizing services, and monitoring service provision to ensure quality and access to care. State efforts may not be identifying all care management problems due to limitations in the information they use to monitor MCOs, allowing some performance problems to continue over multiple years. Performance Problems in Managed Care Organization (MCO) Care Management, Identified by Selected States GAO found that the Centers for Medicare & Medicaid Services' (CMS) oversight of state implementation of its 2016 requirements, and of access and quality in MLTSS more broadly, was limited. This hinders the agency's ability to hold states and MCOs accountable for quality and access problems beneficiaries may face. Oversight did not detect quality and access problems. GAO identified cases where CMS learned about problems not through its regular oversight, but instead from beneficiary complaints, media reports, or GAO. CMS officials said that states had not reported these problems to the agency. Lack of national oversight strategy and assessment of problems in MLTSS. Weaknesses in oversight reflect a broader area of concern—namely, that CMS lacks a strategy for oversight. CMS also has not assessed the nature and extent of access and quality problems across states. Without a strategy and more robust information, CMS risks being unable to identify and help address problems facing beneficiaries. As of July 2020, CMS had convened a new workgroup focused on MLTSS oversight, though the goals and time frames for its work were unclear. An increasing number of states are using managed care to deliver long-term services and supports in their Medicaid programs, thus delegating decisions around the amounts and types of care beneficiaries receive to MCOs. Federal guidance requires that MLTSS programs include monitoring procedures to ensure the appropriateness of those decisions for this complex population, which includes adults and children who may have physical, cognitive, and mental disabilities. GAO was asked to review care management in MLTSS programs. Among other things, this report examines state monitoring of care management, and CMS oversight of state implementation of 2016 requirements related to MLTSS quality and access. GAO examined documentation of monitoring procedures and problems identified in six states selected for variation in program age and location. GAO reviewed federal regulations and oversight documents, interviewed state and federal Medicaid officials, and assessed CMS's policies and procedures against federal internal control standards. GAO is making two recommendations to CMS to (1) develop a national strategy for overseeing MLTSS, and (2) assess the nature and prevalence of MLTSS quality and access problems across states. CMS did not concur with the recommendations. GAO maintains the recommendations are warranted, as discussed in this report. For more information, contact at (202) 512-7114 or yocomc@gao.gov.
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  • Macroprudential Oversight: Principles for Evaluating Policies to Assess and Mitigate Risks to Financial System Stability
    In U.S GAO News
    GAO is providing a framework for evaluating macroprudential policy—that is, activities designed to assess and mitigate risks to financial system stability. The framework presents six general components of macroprudential policy and 18 principles (see table), as well as related standards, for establishing the foundation of such policy and putting it into operation. Government actors—such as the Financial Stability Oversight Council (FSOC) and its member agencies—are responsible for meeting or contributing to framework principles as they relate to the actors' individual areas of macroprudential responsibility or authority. GAO refers to government actors with collective macroprudential policy responsibilities as the macroprudential entity. GAO Framework for Evaluating Macroprudential Policy Component Principles The macroprudential entity should: Mandate and scope Have a clear mandate Have a scope of responsibilities that extends across the financial system Establish measurable and specific intermediate objectives reflecting the full scope of its responsibilities Governance Have a governance structure promoting willingness to mitigate risks to financial stability in a timely manner Have authorities promoting ability to act consistent with mandate and scope Have transparency requirements promoting the effectiveness, legitimacy, and predictability of macroprudential policy Risk assessment Establish a risk-assessment program corresponding to the scope of the financial system and the entity’s intermediate objectives Identify and analyze potential sources of systemic risk Develop criteria to evaluate significance of risk Establish policies and procedures to conduct systematic risk assessments Risk mitigation Develop a range of macroprudential tools consistent with mandate and scope of responsibilities Develop policies and procedures for conducting risk-mitigation activities Evaluation Evaluate effectiveness of its efforts Document and communicate evaluation findings and promptly remediate issues Data and information Use quality data Develop useful information for decision-making Document information appropriately Establish policies and procedures for sharing data and information Source: GAO. | GAO 21 230SP The Dodd-Frank Wall Street Reform and Consumer Protection Act established FSOC to identify and respond to threats to financial stability in the United States. Other countries have created similar entities, and a growing body of research has developed around these macroprudential structures and approaches. This report presents a principles-based framework to serve as criteria for assessing the financial stability efforts of FSOC and its member agencies. It is intended as a resource for GAO and other auditors, FSOC and its member agencies, and Congress. It also may be useful to others, both domestically and internationally. In developing this framework, GAO reviewed literature on macroprudential policy, prior GAO reports, relevant laws and regulations, and international risk-management guidelines. GAO also interviewed or held discussion groups with representatives of FSOC and its member agencies; international financial stability entities, supreme audit institutions, and international organizations; public interest and industry groups; former regulators and civil servants; and academic and regulatory experts. For more information, contact Michael E. Clements at (202) 512-8678 or ClementsM@gao.gov.
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  • Russian National Pleads Guilty to Conspiracy to Introduce Malware into a U.S. Company’s Computer Network
    In Crime News
    A Russian national pleaded guilty in federal court today for conspiring to travel to the United States to recruit an employee of a Nevada company into a scheme to introduce malicious software into the company’s computer network.
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  • Wisconsin Pain Management Companies To Settle False Claims Act Allegations
    In Crime News
    The Department of Justice announced today that Advanced Pain Management Holdings Inc. (APMH), its wholly-owned subsidiaries,  APM Wisconsin MSO (“APM MSO”) and Advanced Pain Management LLC (APM LLC); and Advanced Pain Management S.C. (APMSC) (collectively the “APM Entities”) have agreed to pay $885,452 to settle claims that they violated the False Claims Act by paying kickbacks and by performing medically unnecessary laboratory tests.  The APM Entities are headquartered in the Milwaukee, Wisconsin area. 
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  • Judiciary Informs Congress of Its Opposition to Bill
    In U.S Courts
    The Judiciary has informed Congress that it opposes the proposed Judiciary Accountability Act. In a letter to key lawmakers today, Judge Roslynn R. Mauskopf, secretary of the Judicial Conference of the United States, wrote that the bill “fails to recognize the robust safeguards that have been in place within the Judiciary to protect Judiciary employees, including law clerks, from wrongful conduct in the workplace, including protections against discrimination, harassment, retaliation, and abusive conduct.”
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  • Mississippi Prison’s Deputy Warden Charged with Civil Rights Offense for Beating Inmate
    In Crime News
    The Justice Department announced yesterday that a federal grand jury indicted Melvin Hilson, 49, currently a deputy warden at the Mississippi State Penitentiary, for repeatedly striking an inmate and knocking him to the ground, resulting in injury to the inmate.
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    In Travel
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  • Justice Department Reaches Proposed Consent Decree to Resolve Hampton Roads Regional Jail Investigation
    In Crime News
    Today, the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia filed a complaint and a proposed consent decree with the Hampton Roads Regional Jail Authority.
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  • 10th Anniversary of the UN Guiding Principles on Business and Human Rights
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  • U.S.-ASEAN Smart Cities Partnership (USASCP): Sharing Expertise Between Cities to Benefit the People of ASEAN
    In Crime Control and Security News
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  • Foreign Assistance: State Department Should Better Assess Results of Efforts to Improve Financial and Some Program Data
    In U.S GAO News
    What GAO Found The Department of State has implemented most of the Foreign Assistance Data Review (FADR) plan to improve the tracking and reporting of its foreign assistance data. According to State officials, they began developing the FADR plan in 2014 and focused on modifying State's existing agency-wide data systems to improve financial and related programmatic data for foreign assistance. As of December 2020, State had completed most of the activities detailed in the FADR plan, except for some FADR-related training initiatives that will continue in 2021. For example, State created the FADR Data Dictionary, which standardizes foreign assistance budget terminology and definitions across the agency, and added two data fields—benefitting country and program area—to its data systems. Other activities included updating system design; conducting integration testing between source systems and financial systems; and developing training materials. State's FADR plan generally or partially addressed key elements of sound planning. GAO evaluated the FADR plan against nine key elements of sound planning it identified as relevant to implementation plans. GAO found that the plan generally addressed four elements and partially addressed five (see figure). Evaluation of the Department of State's Foreign Assistance Data Review (FADR) Plan by Key Elements of Sound Planning Identified by GAO Element Did the FADR plan address the element? Purpose and scope ● Desired results ● Hierarchy of goals and subordinate objectives ● Activities to achieve results ● Roles and responsibilities ◓ Intra-agency coordination mechanisms ◓ Resources to implement the plan ◓ Milestones and performance indicators ◓ Monitoring and evaluation ◓ Legend: ● Generally addressed ◓Partially addressed ○ Did not address Source: GAO analysis of Department of State documentation. | GAO-21-373 Since State has nearly completed implementation of its FADR plan, the monitoring and evaluation (M&E) component is the most critical remaining element of the partially addressed elements. GAO found that the M&E component of the plan was not well developed. The plan identifies some performance indicators and monitoring activities, but it does not clearly link those indicators to the desired results. The M&E component also does not identify how State plans to evaluate and use the monitoring data, such as better identification of benefiting country. Nor does it provide information on timeframes associated with the performance targets for the identified indicators. Identifying how the performance indicators link to desired results and the timeframes associated with performance targets, and periodically evaluating its monitoring data would help State assess the plan's effectiveness. Why GAO Did This Study Members of Congress, the State Inspector General, and GAO have raised concerns about State's ability to adequately track and report its foreign assistance data. These concerns include State's ability to retrieve timely and accurate data necessary to provide central oversight, meet statutory and regulatory reporting requirements, manage resources strategically, and assess program performance. In response, State began an initiative in 2014 to improve the quality and availability of foreign assistance data. GAO was asked to review State's plan to improve the tracking and reporting of its foreign assistance data. This report assesses (1) the status of State's plan to improve the tracking and reporting of its foreign assistance data and (2) the extent to which State's plan adheres to sound planning practices. GAO reviewed State documents on the plan to improve the tracking and reporting of its foreign assistance data. GAO reviewed implementation of the State plan against specific milestones in the plan. GAO also evaluated if the plan included key elements for sound management and strategic planning. In addition, GAO interviewed State officials in Washington, D.C.
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  • Afghanistan Security: Lack of Systematic Tracking Raises Significant Accountability Concerns about Weapons Provided to Afghan National Security Forces
    In U.S GAO News
    The Department of Defense (Defense), through its Combined Security Transition Command-Afghanistan (CSTC-A) and with the Department of State (State), directs international efforts to train and equip Afghan National Security Forces (ANSF). As part of these efforts, the U.S. Army Security Assistance Command (USASAC) and the Navy spent about $120 million to procure small arms and light weapons for ANSF. International donors also provided weapons. GAO analyzed whether Defense can account for these weapons and ensure ANSF can safeguard and account for them. GAO reviewed Defense and State documents on accountability procedures, reviewed contractor reports on ANSF training, met with U.S. and Afghan officials, observed accountability practices, analyzed inventory records, and attempted to locate a random sample of weapons.Defense did not establishclear guidance for U.S. personnel to follow when obtaining, transporting, and storing weapons for the Afghan National Security Forces, resulting in significant lapses in accountability. While Defense has accountability requirements for its own weapons, including serial number tracking and routine inventories, it did not clearly specify whether they applied to ANSF weapons under U.S. control. GAO estimates USASAC and CSTC-A did not maintain complete records for about 87,000, or 36 percent, of the 242,000 U.S.-procured weapons shipped to Afghanistan. For about 46,000 weapons, USASAC could not provide serial numbers, and GAO estimates CSTC-A did not maintain records on the location or disposition of about 41,000 weapons with recorded serial numbers. CSTC-A also did not maintain reliable records for about 135,000 weapons it obtained for ANSF from 21 other countries. Accountability lapses occurred throughout the supply chain and were primarily due to a lack of clear direction and staffing shortages. During our review, CSTC-A began correcting some shortcomings, but indicated that its continuation of these efforts depends on staffing and other factors. Despite CSTC-A's training efforts, ANSF units cannot fully safeguard and account for weapons and sensitive equipment. Defense and State have deployed hundreds of trainers and mentors to help ANSF establish accountability practices. CSTC-A's policy is not to issue equipment without verifying that appropriate supply and accountability procedures are in place. Although CSTC-A has not consistently assessed ANSF units' ability to account for weapons, mentors have reported major accountability weaknesses, which CSTC-A officials and mentors attribute to a variety of cultural and institutional problems, including illiteracy, corruption, and unclear guidance. Further, CSTC-A did not begin monitoring the end use of sensitive night vision devices until 15 months after issuing them to Afghan National Army units.
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  • Statement By Department Of Justice Spokesperson Kerri Kupec On The Execution Of William Emmett Lecroy Jr.
    In Crime News
    Department of Justice Spokesperson Kerri Kupec has issued the following statement.
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  • Iraqi-U.S. Cost-Sharing: Iraq Has a Cumulative Budget Surplus, Offering the Potential for Further Cost-Sharing
    In U.S GAO News
    Since 2003, the United States has reported obligating $642 billion for U.S. military operations in Iraq and provided about $24 billion for training, equipment, and other services for Iraqi security forces. To assist Congress in overseeing efforts to encourage the Iraqi government to contribute more toward the cost of securing and stabilizing Iraq, this report provides information on (1) the amount and availability of Iraq's budget surplus or deficit, (2) the amount of Iraq's financial deposit balances, and (3) the extent to which Iraq has spent its financial resources on security costs. To conduct this audit, GAO analyzed Iraqi financial data, reviewed U.S. and Iraqi documents, and interviewed U.S. and Iraqi officials.GAO analysis of Iraqi government data showed that Iraq generated an estimated cumulative budget surplus of $52.1 billion through the end of 2009. This estimate is consistent with the method that Iraq uses to calculate its fiscal position. Adjusting for $40.3 billion in estimated outstanding advances as of September 2009 reduces the amount of available surplus funds to $11.8 billion. In April 2010, a senior Ministry of Finance official stated that advances should be deducted from the budget surplus because they are committed for future expenditures or have been paid out. According to this official and Board of Supreme Audit reports on Iraq's financial statements, advances include funds for letters of credit, advance payments on domestic contracts, and other advances. However, Iraq's Board of Supreme Audit has raised concerns that weaknesses in accounting for advances could result in the misappropriation of government funds and inaccurate reporting of expenditures. Furthermore, the composition of some of these advances is unclear; about 40 percent of the outstanding advances through 2008 are defined as "other temporary advances." Under the terms of a February 2010 International Monetary Fund (IMF) arrangement, Iraq agreed to prepare a report on its outstanding advances, which will identify those advances that are recoverable and could be used for future spending, and set a time schedule for their recovery. This Iraqi report is to be completed by September 30, 2010. Another means of assessing Iraq's fiscal position is to examine its financial deposit balances. Iraqi government data and an independent audit report show that, through the end of 2009, Iraq had accumulated between $15.3 billion and $32.2 billion in financial deposit balances held at the Central Bank of Iraq, the Development Fund for Iraq in New York, and state-owned banks in Iraq. This range reflects a discrepancy between the amount of government-sector deposits reported by the Central Bank of Iraq to the IMF and the amount that the Ministry of Finance asserts is available for government spending. In November 2009, the Ministry of Finance reclassified $16.9 billion in state-owned banks as belonging to state-owned enterprises and trusts, leaving $15.3 billion of $32.2 billion available to the Iraqi government for other spending. The IMF is seeking clarification on the amount of financial deposits that is available for government spending. Under the terms of Iraq's 2010 arrangement with the IMF, the Ministry of Finance is required to complete a review of all central government accounts and return any idle balances received from the budget to the central Iraqi Treasury by March 31, 2010. As of August 2010, according to the IMF, this review was still under way. Iraqi government data show that Iraq's security ministries--the Ministries of Defense and Interior--increased their spending from 2005 through 2009 and set aside about $5.5 billion for purchases through the U.S. Foreign Military Sales program. However, over this 5-year period, these ministries did not use between $2.5 billion and $5.2 billion of their budgeted funds that could have been used to address security needs. The administration is requesting $2 billion in additional U.S. funding in its fiscal year 2011 budget request to support the training and equipping of Iraq's military and police. GAO believes that Congress should consider Iraq's available financial resources when reviewing the administration's fiscal year 2011 budget request and any future funding requests for securing and stabilizing Iraq. Also, GAO recommends that the Departments of State and the Treasury work with the Iraqi government to further identify available resources.
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  • Now is the time: Catch-up to Get Ahead on Childhood Immunizations
    In Human Health, Resources and Services
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  • Justice Department Awards Over $33 Million in Grants to Advance Community Policing Efforts Across the Country
    In Crime News
    The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) today announced over $33 million in funding to advance the practice of community policing in law enforcement.
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  • Secretary Antony J. Blinken Remarks to the Press on the Announcement of a U.S. Refugee Admissions Program Priority 2 Designation for Afghan Nationals
    In Crime Control and Security News
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    In Space
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  • Littoral Combat Ship: Unplanned Work on Maintenance Contracts Creates Schedule Risk as Ships Begin Operations
    In U.S GAO News
    What GAO Found The Littoral Combat Ship (LCS) is a class of small surface ships with two unique design variants. Both LCS variants carry smaller crews and rely more on contractors for maintenance than any other Navy ship. While this strategy was intended to reduce operating costs, it contributes to challenges in the Navy's strategy for contracted maintenance. Specifically: Contractor travel. U.S. law states that foreign contractors generally cannot conduct certain types of LCS maintenance. This results in the Navy paying for contractors to regularly travel overseas to perform routine maintenance. GAO's sample of 18 delivery orders showed estimated travel costs for the orders reviewed ranged from a few thousand dollars to over $1 million. Heavy reliance on original equipment manufacturers. LCS includes numerous commercial-based systems that are not used on other Navy ships. However, the Navy lacks sufficient manufacturer technical data to maintain many of these systems. This can lead to longer maintenance periods due to extra coordination needed for the manufacturers to assist with or complete the work. Although the Navy is establishing teams of its personnel to take on routine maintenance, contractors will continue performing some of this work. Littoral Combat Ship Variants under Maintenance The Navy is beginning to implement contracting approaches for LCS maintenance in order to help mitigate schedule risk, while taking steps to avoid it in the future. GAO found in the 18 LCS maintenance delivery orders it reviewed that the Navy had to contract for more repair work than originally planned, increasing the risk to completing LCS maintenance on schedule. A majority of this unplanned work occurred because the Navy did not fully understand the ship's condition before starting maintenance. The Navy has begun taking steps to systematically collect and analyze maintenance data to determine the causes of unplanned work, which could help it more accurately plan for maintenance. The Navy has also recently begun applying some contracting approaches to more quickly incorporate unplanned work and mitigate the schedule risk, such as (1) setting a price for low-dollar value unplanned work to save negotiation time and (2) procuring some materials directly instead of waiting for contractors to do so. Such measures will be important to control cost and schedule risks as additional LCS enter the fleet in the coming years. Why GAO Did This Study The Navy plans to spend approximately $61 billion to operate and maintain LCS, a class of small surface ships equipped with interchangeable sensors and weapons. With limited operations to date, these ships have entered the Navy's maintenance cycle. Since 2005, GAO has reported extensively on LCS issues, including ships delivered late and with increased costs and less capability than planned. The Navy also encountered problems as LCS entered the fleet, including higher than expected costs for contractor maintenance and numerous mechanical failures. In 2020, GAO reported that major maintenance on other surface ships using the same contracting approach as LCS was 64 days late, on average. The Navy acknowledges the importance of reducing maintenance delays in order to improve the readiness of its surface fleet. A House Report included a provision for GAO to review long-term contracting strategies and challenges for LCS repair and maintenance. This report (1) describes the effect of the LCS program's acquisition and sustainment strategies on its contracted maintenance and (2) assesses the extent to which the Navy is using contracting approaches to address any cost and schedule risks in maintaining LCS. To conduct this assessment, GAO reviewed relevant Navy documentation, including a sample of 18 delivery orders for LCS maintenance from fiscal year 2018 through April 2020 selected to cover each availability type and each LCS variant. GAO also interviewed Navy officials and contractor representatives. For more information, contact Shelby S. Oakley at (202) 512-4841 or OakleyS@gao.gov.
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