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The Litigation Side of Forensic Accounting Copyrighted 2001 D. Larry Crumbley, CPA, Cr.FA, CFD KPMG ... - page 67 / 275

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© D.L. Crumbley

E-mail Evidence

KPMG is fighting clients about questionable tax-shelter products.

The IRS disclosed e-mails dated March 14, 1998, in a Tax Court case involving an estate in litigation against the IRS.

The e-mails document discussions among high level KPMG executives about a product known as FLIP. One of the e-mails referred to the product’s “troublesome issues.”

E-mails created on a company’s system belongs to the company.

E-mail evidence has been used in cases involving accounting fraud, harassment, antitrust, discrimination, retaliation, whistle-blowing, insider trading, trade secrets, and more.

Discovery is broad: instant messages, web visit logs, hard drives, PDA’s, pagers, voice mail, laptops, back up tapes, and cell phones call records.

Source: Rita Risser, “E-mail = Evidence: How to Protect Yourself,” Fair Measures.

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