Tracing Holocaust Victims’ Assets: An Investigative Auditor’s Perspective

1996, United States Senator Alfonse M. D’Amato, Chairman of the Senate Banking Committee, began an inquiry into Swiss banks’ involvement in hiding Holocaust victims’ assets. Specifically, the inquiry examined the procedures by which the Swiss banks conducted the initial search in 1995 that stated that only 893 accounts were found, holding $32 million. The committee conducted the new review which was being undertaken by the Committee of Eminent Persons (EP Committee), also known as the Volcker Commission.

The EP Committee inquiry might have ended much differently—without the truth revealed—had a few potential mistakes at the beginning not been corrected. Twenty years later, it remains an important lesson in finding the right investigative auditors from the start.

The inquiry began by asking auditors to review 50 to 60 year-old bank account records for indications that they included victim assets. From the start, several potential missteps were made:

  1. The EP Committee intended to ask banks to hire the auditors themselves. However, by doing this, the committee would be restricted from accessing much of the information uncovered due to confidentiality laws and might have also been restricted in acting on the information they received due to privity of contract laws.
  2. The EP Committee was interested in enlisting the help of the international accounting firms. However, this held the potential of junior staffers using limited experience and skills to take on the complicated job of deciphering which bank accounts warranted a closer look.
  3. Furthermore, it didn’t appear that the EP Committee would be informed should the Swiss banks not fully cooperate with the auditors in this project.

Steven Bankler was hired to consult for the U.S. Senate Banking Committee. He made several suggestions that were incorporated in Senator D’Amato’s testimony before a U.S. House of Representatives Committee also reviewing this issue. One of Bankler’s most significant suggestions relates to the first point listed above: In order to get complete access to the information, the auditors would have to be hired, not by the banks, but instead by the outside EP Committee overseeing the review.

The issues Bankler pointed out to the U.S. Senate Banking Committee could only have been uncovered through an expert and thorough understanding of forensic accounting principles, such as which assumptions to disregard. It would be easy to assume that when looking for names of military officers, one would look for indicators like rank or title. However, an officer in the Nazi forces would not have been likely to use his rank and title when hiding stolen assets. Looking closely at accounts held by people with German-sounding surnames widened the scope enough to offer the breakthroughs needed to prove the case.

Twenty years later, the field of forensic investigative accounting is as intensive as ever. The old adage “you don’t know what you don’t know” remains an invaluable warning for attorneys tempted to start an audit using their own assumptions and hiring accounting firms for their size rather than on the experience of the specific auditors who will be working on the case. This shift in priorities helped Holocaust victims and their families receive much-deserved retribution, and it can make a significant difference in your own cases as well. For more information about investigative accounting for litigation support, contact us.

Image Copyright: maudis60 / 123RF Stock Photo

September 27, 2016

Client Spotlight

Family business succession is one of those conversations many owners know they need to have but keep postponing….
Thinking about buying equipment or a vehicle before year-end for the tax write-off? Before you sign, here are 3 important questions you should ask….
Want to help your grandkids pay for college? Here’s what to know before you give….
If your business generates $1.5 million or more in revenue, how do you capture the tax benefits of family payroll while keeping your business fully…
If you’re setting aside money for your kids or grandkids, the new IRC Section 530A may be a tax-smart way to do it….
When two high earners say “I do,” protecting pre-marital wealth isn’t unromantic—it’s essential strategic planning….
Cryptocurrency may have gone mainstream, but tax compliance is rapidly catching up with updated IRS property classifications and Form 1099-DA broker reporting to evolving regulations….
You might be sitting on a valuable tax strategy without realizing it. Before you make any moves, keep these critical rules in mind….
Under certain circumstances, an S corp election can be great for tax savings, but it’s not always great for growth. Here’s what you should know…
As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what…
From accountant to owner, and now to a successful exit! Amir Kamel proved that “everything good takes time”—including walking away on your own terms. Read…

Blogs and Articles

Unsticking Your Family Business Succession Plan

Family business succession is one of those conversations many owners know they need to have but keep postponing....

Unsticking Your Family Business Succession Plan

Read More

A Caution About Year-End Tax Write-Off Purchases

Thinking about buying equipment or a vehicle before year-end for the tax write-off? Before you sign, here are 3 important questions you should ask....

A Caution About Year-End Tax Write-Off Purchases

Read More

Help Grandchildren with College the Tax-Savvy Way

Want to help your grandkids pay for college? Here's what to know before you give....

Help Grandchildren with College the Tax-Savvy Way

Read More

Spotting Illegal Trusts and Private Family Foundation Arrangements

Spotting Illegal Trusts and Private Family Foundation Arrangements

Read More

Family Business Payroll Tips and Traps

If your business generates $1.5 million or more in revenue, how do you capture the tax benefits of family payroll while keeping your business fully...

Family Business Payroll Tips and Traps

Read More

Is the Trump Account a Safe Bet for Gift Tax Savings?

If you're setting aside money for your kids or grandkids, the new IRC Section 530A may be a tax-smart way to do it....

Is the Trump Account a Safe Bet for Gift Tax Savings?

Read More

Protecting Dual-Income Pre-Marital Wealth

When two high earners say "I do," protecting pre-marital wealth isn't unromantic—it's essential strategic planning....

Protecting Dual-Income Pre-Marital Wealth

Read More

Crypto Tax Changes Are Coming, But What Does That Mean?

Cryptocurrency may have gone mainstream, but tax compliance is rapidly catching up with updated IRS property classifications and Form 1099-DA broker reporting to evolving regulations....

Crypto Tax Changes Are Coming, But What Does That Mean?

Read More

What Is Tax Loss Harvesting?

You might be sitting on a valuable tax strategy without realizing it. Before you make any moves, keep these critical rules in mind....

What Is Tax Loss Harvesting?

Read More

Is an S-Corp Election Still Right for Small Business Owners?

Under certain circumstances, an S corp election can be great for tax savings, but it’s not always great for growth. Here’s what you should know...

Is an S-Corp Election Still Right for Small Business Owners?

Read More

Do Businesses Need Tax Liability Insurance?

As a business owner, what can you do to eliminate tax surprises? Before jumping on tax liability insurance to insure your tax bill, consider what...

Do Businesses Need Tax Liability Insurance?

Read More

Princess Professional

From accountant to owner, and now to a successful exit! Amir Kamel proved that "everything good takes time"—including walking away on your own terms. Read...

Princess Professional

Read More

Princess Beauty Supply

After waiting 11 years for his visa, Amir Kamel's journey from Cairo to building a multi-million dollar Texas business is a true masterclass in grit,...

Princess Beauty Supply

Read More

100% Bonus Depreciation: Hits and Misses

Used wisely, 100% bonus depreciation can fuel growth and protect cash flow; used poorly, it can create unnecessary debt and future tax friction....

100% Bonus Depreciation: Hits and Misses

Read More

DJS Resources

Discover how this San Antonio entrepreneur transitioned from managing communities to constructing them—doubling his commercial construction firm's size year over year....

DJS Resources

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)