• Professor Elam

    Wed Sept 18, 2024

    About to embark on a world tour, global pop sensation Skye Riley begins experiencing increasingly terrifying and inexplicable events. Overwhelmed by the escalating horrors and the pressures of fame, Skye is forced to face her past. Screenshot 2024-09-18 at 6.36.28 AM

    Modern horror films were born during the 1930s Depression, Frankenstein, Wolf Man, and Dracula were all popular.  Negative mood seeks out negative themes and these films were just that. Gangster films were also popular including Public Enemy and White HEat with Jimmy Cagney. These themes were repeated in the 1970s with the Exorcist, the most frightening film ever the ads claimed, and Godfather 1 & 2.

    Now we see  a repeat with Quiet Place 1 & 2.

    ________________

    Horror moves to Television

    HBO debuts a multi segment series this week featuring Colin Farrell as The Penquin. This is a character he played in the  2022 Te Batman movie. But this time around there is not Batman, more time for horror.

    The review on page  A 11 of today's Nov 19 WSj puts it this way. The Penquin is a homicidal maniac with a Mother fixation. The review mentions this is a flashback to the character Cagney played in White Heat.

    Here is part of the review

    How did we get here, one might ask? The evolution of The Batman—from DC Comics to campy network TV to the grim vision of Frank Miller’s graphic novels to Christopher Nolan’s masterly interpretations—seems symptomatic of a darker worldview. And darker world. But adaptations like “The Penguin”—or, lest anyone forget, 2019’s “Joker”—are more reflective of a hunger among audiences for something more genuine, not just in their Batman stories but in their myths and histories generally. The original DC myth is laughable in a world in which everyone is a Freudian; the concept of costumed crime fighters—and criminals—seems fairly ludicrous without sufficient psychological trauma and an accompanying profile to back it up. “The Penguin” is an attempt to fill a fictional void.

    A hunger for something more genuine, really?  I would say again that it is just a hunger for negative mood which Mr. Farrell will deliver eight times over.

     

  • Professor Elam

    Tuesday Sept 17, 2024

    Stocks topped in Sept 19269, we have the same start and end date calendar in  2024 as in  1929, will history repeat?  Gee the DJIA and NYSE backed off..

     

    Screenshot 2024-09-17 at 5.23.30 PMTransocean RIG

    I bet on RIG way to soon but after falling from last October, it has completed an A B C correction and has mad a 13.% up move.

    Screenshot 2024-09-17 at 5.43.07 PM

    DIG is bottoming but has not turned yet.

     

    We remain vigilant regarding the markets. We expect a turn down this month.

  • Professor Elam

    Tuesday Sept 17, 2024

    The efficient frontier maximizes return for any given level of risk.

    Harry Markowitz is credited with this idea.

    My point is that a fraudster stealing just enough to commit a felony, faces a potential jail sentence, ie risk, far beyond the reward of stealing thousands of dollars.

  • Professor Elam

    Monday Sept 16, 2024

    Monday Sept 16, 2024

    Last Thursday I listed most of the negative economic articles from the WSJ that day. There are more today.  The markets peaked in 1929 that September, and the calendar this month is exactly the same as then. Then the DJIA peaked Sept 3, the SPX Sept 16 (today) and the Utilities Sept  20 this Friday. Will history repeat?

    Kim Strassel has a new e mail update part of which she calls by the numbers so from today's WSJ

    Avg credit card rates are  21.51% up form 15% in  2019

    Avg car loan rates are 82% up from 5.32% in  2019

    Consumer lenders Bread and Ally stocks are down about  15%

    Credit card charge offs are up

    What is happening is that inflation has lowered real wages. So consumers have to choose what to pay, food, the mortgage, or the car loan, car loans and mortgages are coming in behind food

  • Professor Elam

    Thursday Sept 12, 2024

    A Quick tour of the World Economy

    Today let’s take a quick look at the markets and then a longer look at the world economy.

    Crude oil topped at  $84 last April. It fell all the way to $66 this week and then reversed. Today Thursday October Crude rallied $1.84. A target of the most recent high at  $78 seems reasonable. Gold rallied $42 and silver $1.25. A gap up on the PSLV chart suggest a very big move ahead. Stocks rallied today and may well do that into the FED meeting Sept 17-18. We remain bearish the stock market. This next look at world economies bolsters the bear case.  Here is a stroll through today’s Wall Stret Journal.

    VW’s problems mirror the problems of the German economy. VW is to Germany as Samsung is to South Korea. China now exports more machinery than Germany. And BYD is  taking VW share in China. It used to be that when the US got a cold the world got really sick. Now substitute China for the US.

    The NEOM project is Saudi features a building destined to be 105 miles long. Injuries and insults from Wayne Borg CEO are causing lots of delays.

    Amlos’ kiss good bye in Mexico is to replace all Federal Judges. Never a model of a reliable legal system, this will only deter foreign investment.

    The United Kingdom economy flatlined in July. The country has endured a decade of anemic growth.

    Foreign investment is shying away from China. The growing list of problems, centered in real estate, will only grow more prominent in months ahead.

    Enviva a producer of wood pellets filed for Chapter 11 bankruptcy. This is the latest green energy disaster. The pellets were supposed to be cleaner burning than coal. But Enviva cannot produce them for the promised cost.

    Former high-flyer Lululemon, maker of upscale women’s sports wear is in trouble.  The stock price has fallen from $500 last December to $260 today. This is exactly the sort of stock performance one can expect across the Big Board the next two years.

    They changed the name to Stellantis but it looks like the same old Chrysler to me. Chrysler was the third USA auto firm that managed to make a bit of money in the best of times and then go near bankrupt, which in fact it finally did. Market share has fallen from 10.4% to 8.4% from a year earlier. This kind of drop is very difficult to claw back. And there are more car makes for sale here than ever before.

    PwC is laying off 1,800 US workers. A Big Four accounting firm is in itself a pretty good economic indicator.

    Ally Financial is a leading auto lender. Its stock fell 18% Tuesday. Overdue consumer car payments are up the last three months in a row, another casualty of higher interest rates and inflation.

    Well, get the picture?  The world is slowing down. The stock market usually predicts a slowdown six months in advance and that notice is now underway.

  • Professor Elam

    Wed Sept 11, 2024

    Robots have gone from  the imagination of sci fi writers to real world problem solvers. Check out Robotics and Automation News.

    One can sign up for weekly updates which I have.

    Now AI will not doubt take robots to another level. And the socialists pushing higher minimum wages are doing their best to see that even more robots are created.

    Robots do not need health care, they do not have to take children to school, no vacations. and they don't steal. Fast food is moving into robots first with order kiosks and now with automated cooking. Watch for more not less of robotics.

    Screenshot 2024-09-11 at 9.58.04 AM

  • Professor Elam

    Monday Sept 9, 2024

    PwC starts a come on back campaign January 1 in England

    Looks like there is merit in this F2F idea!  I expect to see more of this everywhere, a university will never establish an alumni group with remote learning.

  • Professor Elam

    9/8/2024

    Other cases

    The San Antonio area has had its share of bookkeepers who have landed in the crosshairs of law enforcement.

     

    In August, a federal grand jury indicted Monica Marie Padilla, 46, on 23 counts of wire fraud and seven counts of aggravated identity theft for allegedly stealing $500,000 from two San Antonio companies. She is free on $20,000 unsecured bail pending her trial, which is scheduled for next month.

    A judge awarded one of the companies, Superior Fence Co. of San Antonio, $380,000 in compensatory damages for its losses and $1 million in punitive damages in a civil case in April. Padilla didn’t appear to defend herself. 

    Alicia Padilla, also known as Alicia Henderson, 61, is serving a 33-month federal prison sentence for embezzling $291,000 from Centro San Antonio,  a public-private nonprofit created to beautify downtown. She pleaded guilty in 2020 to charges of wire fraud and making a false statement on an income tax return. She was sentenced in August 2022.

    Daniella Zuniga Vasquez was arrested in October 2022 on charges of stealing more than $150,000 from San Antonio homebuilder Bellaire-Hagen, which does business as Bellaire Homes, after about six months on the job. She confessed to police, Bellaire has said in a civil lawsuit against Vasquez and her husband to recover the money. It obtained default judgments against both after they didn’t answer the complaint. Vasquez, who turns 46 this month, has not been indicted.

     

    Frauds involving bookkeepers and office managers are especially common at small companies — those with fewer than 100 employees — that lack sophisticated internal controls, Andi McNeal, vice president of education at the Association of Certified Fraud Examiners in Austin, told the San Antonio Express-News earlier this year.

    Guillermo Contreras contributed to this report.

     
     
     
     
     

    Photo of Patrick Danner
    Senior Reporter
  • Professor Elam

    Weekend Sept 8, 2024

    Most fraudsters are finally overwhelmed by a judicial system which finally has them with the evidence. Plea out or its curtains for you says Justice. But for some fraudsters, the criminal justice system is a mere playground. They are not phased buy legal threats, indeed they just return more of their own. Sarah Lingle began working for the SAGE architect firm in 2017. As always she had access to the firm bank accounts and payroll system. It did not take long, she began taking funds form  2189-2022. SAGE acccuses her of stealing one million dollars.  In the midst of this she marries ex-convict Chris Lingle 10/16/2020. Here is a story of how rather than admitting to a lavish lifestyle they detailed on Facebook,, the would be criminals claim they are victims of character abuse. Read on.

    _________________

    Here is the indictment story. Screenshot 2024-09-08 at 6.52.19 AM

    An ex-bookkeeper at an Alamo Heights architecture firm is facing criminal charges related to a roughly $1 million embezzlement scheme.

    A federal grand jury in San Antonio on Wednesday indicted Sarah Jean Lingle, who worked as a bookkeeper and office manager at the Sage Group for almost five years, on five counts of wire fraud and four counts of filing a false tax return.

    Lingle, 39, joins a gallery of other former San Antonio-area bookkeepers who have been arrested or indicted on charges of stealing from their employers.

    Her husband, Chris Lingle, 50, had taken to Facebook to chronicle the couple’s glamorous lifestyle, complete with photographs of them in exotic locales and showing off a new Audi automobile, luxury watches, designer shoes and home improvements. 

    RELATED: How a bookkeeper with a long criminal history keeps getting jobs — and landing in more trouble

    Sage Architecture sued the couple in September 2022, alleging they paid for that lifestyle with money stolen from the firm. It said it had discovered $1.6 million in thefts from charges on a company debit card.

    In the civil lawsuit filed in state District Court in San Antonio, Sage obtained a default judgment against Chris Lingle when he failed to respond to the allegations against him. But there’s been no activity in the case in over a year. Chris Lingle has not been criminally charged.

    Sage officials reported the alleged embezzlement scheme to the Alamo Heights Police Department on Aug. 26, 2022, 10 days after Sarah Lingle resigned. A police official had told the San Antonio Express-News that the case had been turned over to the U.S. Secret Service.

    Lingle is scheduled to make her first court appearance next Thursday. She hung up the phone when reached for comment Thursday.  A lawyer for Lingle has not yet made an appearance in the case. 

    The indictment

    Lingle started at Sage in 2017, when she was known as Sarah Pardo. She married Chris Lingle in October 2020. She was responsible for managing the firm's financials, including paying bills and handling payroll, and had access to at least one of its bank accounts and a company debit card.

    The indictment says Lingle linked the company debit card as a “funding source” for an account she had with mobile payment service company Venmo. She used the money to pay for personal expenses, including for spa treatments, department store purchases, a mortgage loan, a vehicle and insurance.  

    Lingle was misappropriating money from about 2018 through the last month of her employment, the indictment says. 

     

    Credit cards were only one part of the scheme. Lingle would draft payroll checks to employees, forge employee signatures and deposit the checks into her account, the charging documents says. She also would draft payroll checks with an error, then draft new checks for the same period. Instead of destroying the errant checks, the indictment says, she would divert those checks to her account.

    In addition, Lingle is charged with falsifying federal income tax returns by underreporting her income for the years 2018, 2019, 2020 and 2022.

    If convicted, she faces up to 20 years in prison and a fine of up to $1 million on each wire fraud charge. The charges relating to filing a false tax return each carry a penalty of up to three years in prison and a fine of up to $100,000.

    _________________________

     
     

    While a federal public defender tries to hammer out a plea deal for Sarah Lingle, the bookkeeper charged with embezzling $1 million from an Alamo Heights architecture firm, her ex-employer’s efforts to recoup its losses have taken many twists and turns.

    The Sage Group has a pending lawsuit against Lingle seeking more than $1.6 million in damages and obtained a $418,817 court judgment against her husband, Christopher “Chris” Lingle, in another case.

    The firm also intervened in the couple’s short-lived divorce case — which it suspected might have been a legal maneuver to hide assets — and even sought to thwart Chris Lingle, 50, from collecting anything from his late father’s will.

    RELATED: Ex-bookkeeper at Alamo Heights architecture firm facing charges in $1M embezzlement scheme

    Most recently, Sage persuaded a judge to toss a lawsuit in which Chris Lingle alleged the firm had defamed him and violated debt collection laws when trying to get him to pay the judgment.

    It’s the fallout from the alleged embezzlement the firm accuses Sarah Lingle of committing over a roughly four-year period. Late last year, a grand jury in San Antonio indicted her on five counts of wire fraud and four counts of filing a false federal tax return. Lingle, 40, faces the possibility of up to 32 years in prison if convicted. She had been set to go to trial Aug. 19, but it was postponed to Nov. 4 so negotiations for a possible plea bargain could continue.

    Chris Lingle was never criminally charged, but he had taken to Facebook from 2020 to 2022 to document the the couple’s high-flying lifestyle. He showed off photographs of their trips to exotic locales, various high-end luxury watches, designer shoes and a new Audi automobile. 

    “Ms. Lingle and her husband lived a pretty lavish lifestyle on a $72,000-a-year bookkeeper budget,” San Antonio attorney Greg Scrivener, who represents Sage, said during a recent civil court hearing.

    She also used a Sage debit card to pay ordinary expenses, including mortgage payments and home renovation costs, the indictment said.

    Sarah Lingle, who pleaded not guilty and is free on an unsecured $30,000 bond, didn’t respond to an email seeking comment. William Germany — Chris Lingle’s lawyer — declined an interview.

    ‘Mr. Lingle’s mistake’

    Lingle started working at Sage in 2017 when she was known as Sarah Pardo. She was responsible for managing the firm’s financial matters, including paying bills and handling payroll. She had access to at least one of its bank accounts and a company credit card.

    She misappropriated money from about 2018 through July 2022, her last month of employment, according to the indictment. She also is accused of initiating electronic transfers of funds from Sage’s accounts into her own account or business accounts she controlled. 

     

    She also would draft payroll checks to employees, forge their signatures and deposit the checks into an account she controlled, the indictment added. 

    RELATED: How a bookkeeper with a long criminal history keeps getting jobs — and landing in more trouble

    In the midst of her employment at Sage, on Oct. 16, 2020, she and Chris Lingle wed

    He’d had his share of scrapes with the law. He was charged with prostitution in 1999 and theft of property under $20,000 and credit card abuse in 2001, among other charges, a court exhibit says.

    Yet Germany — Chris Lingle’s lawyer — laid blame for his client’s current predicament on Sara Lingle, according to Scrivener.

     

    “Mr. Germany … stood up in the prior (court) hearing … and said, ‘Mr. Lingle’s mistake was he married the wrong person,’” Scrivener said in court.

    Within two months of Sarah Lingle’s departure from Sage in the summer of 2022, it sued her, her husband and her company, Aura Consulting LLC, for more than $1.6 million in damages. The complaint contained screengrabs of Facebook posts by Chris Lingle in 2022 while the couple was in the Cayman Islands. “So this is where you launder the dollars,” a caption with one post said. Another said, “This island has fun activities while you’re doing your laundry.” The posts are under the name “Chris Lingel.”

    Scrivener referenced them in court.

    “It’s not terribly subtle,” he said. “I’m not sure it’s subject to any interpretation but the obvious one.”

    In the lawsuit, Sage said Chris Lingle is “liable for the conduct of Sarah Lingle, as he has conspired in the unlawful and fraudulent schemes to steal money” from the firm. 

     

    Sage obtained a temporary injunction to stop the Lingles from dissipating any of the allegedly stolen money. Not long after, a judge entered a default judgment for $418,817 against Chris Lingle after he failed to respond to the allegations.

    Responses

    In April, more than a year and a half after the judgment, he moved to set it aside and seek a new trial.  

    In his motion, Chris Lingle cast blame on his wife. He said he didn’t meet her until June 2019 — well after she started at Sage. Yet, he added, Sage accused him of “being a co-conspirator with his wife when the allegations accuse his wife of embezzling or unauthorized uses of debit cards beginning in January of 2018.” All of the proof in the default judgment relates to her alleged actions, he said.

    “Mr. Lingle is not under indictment and does not appear to be a target or under investigation in relation to the crimes,” his filing added.

     

    Sage responded that Chris Lingle waited too long to ask for a new trial. On May 7, state District Judge Laura Salinas issued an order denying his request to set aside the judgment.

    Sarah Lingle finally answered the lawsuit by denying the allegations.

    Sage responded by dismissing the lawsuit against her and Aura, her company, on May 20.

    But she wasn’t in the clear. Two days later, Sage filed a new lawsuit against her and Aura containing essentially the same allegations made in the case it had just dismissed. Scrivener, citing legal strategy, declined to elaborate on his reasons for dismissing the claims and refiling them or why he never pursued a default judgment against her. 

    It’s possible Sage held off serving the complaint as it awaits the outcome of Sarah Lingle’s criminal case. If convicted, she could be ordered to make monetary restitution.

    Chris Lingle gave notice on Aug. 9 that he would appeal the judgment and the final order disposing of the case. He has yet to file court papers outlining his arguments.

    Fleeting divorce

    Another twist was the couple’s short-lived divorce. 

    Sarah Lingle, without an attorney, sued her husband for divorce three days before Christmas. She said the two had ceased living together Nov. 17 and used boilerplate language that the marriage had become “insupportable because of discord or conflict of personalities.” The couple have no children.

    Sarah Lingle expected she and her husband would enter into an agreement for the division of their marital estate.

    Less than three weeks later, Sage filed a petition in intervention in the divorce.

    “The reason we intervened is we were concerned that this was a sham to hide assets,” Scrivener, Sage’s attorney, said in court. It also was an attempt to collect on its judgment against Chris Lingle.

    On May 2, now represented by counsel, Sarah Lingle filed a motion asking the court to strike Sage’s intervention. But that same day she also gave notice that she was dismissing the divorce “without prejudice,” meaning she can refile if she chooses. 

    Father’s estate

    Chris Lingle’s father — Kenneth Lingle, a retired Army colonel — died on Nov. 22, five days after the couple stopped living together. He was 88.

    In his will, executed in 1998, Kenneth Lingle directed that two-thirds of his estate should go to his daughter and to his son’s sister, Stephanie Anne Lingle. The remaining amount was set aside for a trust to distribute to Chris Lingle — who was then incarcerated at the state’s Sander Estes Unit in Venus.

    Kenneth Lingle said the differing treatment of his two children related in part to his son’s “past criminal activity.”

    Distributions to his son were dependent on him avoiding “further criminal conduct,” the will said. If he was convicted of criminal activity, the funds in the trust would immediately be payable to his sister.

    Scrivener sent a May 28 letter to the attorney for Stephanie Lingle, executor of her father’s estate, informing him of her brother’s criminal past and the judgment Sage was seeking to collect from him.

    “Notwithstanding that (Chris) was not criminally indicted for the theft of Sage’s money as his wife was, he has been convicted of several other crimes since the will’s execution,” Scrivener wrote. His letter cited a half dozen charges, including for prostitution, credit card abuse and theft of property of less than $20,000.

    Chris Lingle, though, disclaimed any ownership interest in his father’s estate and assigned it to his sister. The disclaimer and transfer was dated March 28 — the same day as Scrivener’s letter —  but it wasn’t filed with the Bexar County Probate Court until July 18.

    Defamation suit

    Chris Lingle wasn’t finished yet, though. About a month after signing the disclaimer, he sued Sage for defamation and violation of debt collection laws. He sought more than $1 million in damages.

    The suit alleged the recording of an abstract of judgment, a summary of the judgment against him, in Bexar County property records caused him to be “debanked,” meaning his bank closed his accounts and returned his money. Three credit card companies also canceled his accounts.

    “Going to county records and filing an abstract and telling the whole world you’re a judgment debtor and that you owe money — $418,000 — that you can go collect on it, I think that’s pretty egregious,” Germany, Chris Lingle’s lawyer, said at an Aug. 2 court hearing. The recording defamed him, the suit said.

    It also accused Sage of using “fraudulent, deceptive and misleading misrepresentations in its effort to collect a debt for which (he) did not owe and does not owe.” And Sage’s intervention in the divorce case amounted to “harassment and abuse.”

    Sage responded that its actions were in the context of litigation and protected by state law — the Texas Citizens Participation Act, also known as the anti-SLAPP law — that protects the First Amendment right to petition. SLAPP stands for strategic lawsuit against public participation.

    “This all stems from a judicial proceeding … that Mr. Lingle voluntarily elected not to participate in,” Scrivener told state District Judge Norma Gonzales. “And now he wants to come in and complain about Sage exercising its rights.

    Scrivener argued at the Aug. 2 court hearing that Chris Lingle’s lawsuit should be dismissed and that he should pay attorneys’ fees and costs.

    On Aug. 20, Gonzales granted Sage’s motion to dismiss and awarded it about $13,200 in fees. 

     
     
     
     
     

    Photo of Patrick Danner
    Senior Reporter
  • Professor Elam

    Thursday Sept 5, 2024

    TXCPA San Antonio Students, Welcome Back!

     

    Here is what is in store for September:

     

    Are you truly ready to pass the CPA Exam? Have you studied enough? Are you focusing on the right material? There’s really only one way to find out – give it a try!

    You are invited to participate in a live 4-hour mock CPA Exam workshop hosted by the Texas Society of CPAs and Surgent CPA Review to see if you are ready to ace the exam.

    This unique opportunity will allow you to experience what it is like to sit for any CPA Exam section as you immerse yourself in questions pulled from the actual CPA Exam Blueprints. Plus, you will leave the session with your own personalized ReadySCORE™ (an accurate measurement of your actual exam score) as well as a detailed report showing your areas of strength and weakness for that section.

    Advanced registration is required by Monday, September 9 and the email provided will be used to set up your simulation on Surgent’s software.

    Don’t go into exam day unprepared – find out if you’re ready by registering today!

     

    REGISTER HERE

    Student Member Benefit: Post your resume

     

    TXCPA San Antonio's Career Center provides student members with an opportunity to post their resume for free and browse the posted listings in our area. In a talent shortage crunch, TXCPA San Antonio's Career Center will amplify your resume to local members and on the TXCPA's career centers across the state. Visit the Career Center HERE

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