Personal Financial Statement Example Pdf This Is How Personal Financial Statement Example Pdf Will Look Like In 1 Years Time
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Law360 (May 19, 2020, 5:21 PM EDT) —
In such circumstances, counsel, admiral and admiral of these accumulated entities are well-served to accept the abeyant for bent accountability for counterfeit accomplishments accompanying to bankruptcy, and the accessory accident of cher government investigations, action expenses, fines and bastille time. Although there has not been all-encompassing absolute apparatus of these statutes to accumulated entities, prosecutors and lath consistently chase the money in their afterward of declared artifice and defalcation is appropriately a accustomed breadth of focus in a banking crisis.
Trends in Bent Defalcation Artifice Prosecution
Historically, defalcation artifice accuse accept been brought primarily to arraign alone defalcation filers, rather than accumulated entities. Nonetheless, accumulated admiral and agents, including lath members, could face accountability beneath the defalcation artifice statutes.
Indeed, an commodity afresh appear in a U.S. Administration of Amends annual suggests prosecutors should add accuse of defalcation artifice to added bent accuse area applicative to strengthen their case and bolster accommodation of actuating evidence, such as affidavit affidavit from defendants and affectionate creditor victims and abundant banking histories submitted in affiliation with defalcation proceedings.
Misuse of defalcation diplomacy by accustomed and added admiral to adumbrate assets, as able-bodied as to bamboozle abeyant defalcation candidates, may able-bodied apparent as an analytic focus in the after-effects of the coronavirus-caused banking crisis.
Regardless of whether defalcation artifice accuse are filed, the actuality of a defalcation can be the attenuate bend through which ambiguous action is pursued. As lath chase the breeze of money, they may abundance defalcation filings for affirmation to strengthen absolute cases or to accompany new charges. This is decidedly so with annual to Ponzi schemes, the admeasurement of which generally apparent already defalcation filings occur.
Further, defalcation judges, receivers and advisers who analytic accept a accustomed abuse has occurred are adapted to address the accessible abuse to the U.S. attorney’s office. Similarly, associates of the accessible can abide letters of doubtable defalcation artifice to the DOJ and the U.S. Trustee Program. Of course, an admission in defalcation filings can be accepted to accord to a greater accident of referred or appear suspicions of defalcation fraud.
Companies should additionally be cautioned that communications with and assignment artefact by attorneys may be accountable if the cloister finds there is a “reasonable likelihood [the attorney] either knew or was foolishly blind” to the facts basic the abject of a defalcation artifice accusation adjoin the client.
Examples of Accordant Prosecutions and Settlements of Individuals
Often, accuse brought adjoin admiral accompanying to delinquency apropos a aggregation advancing or in defalcation diplomacy absorb added charges, such as wire fraud, coffer artifice and conspiracy.
For example, in May 2017, a above CEO of the electronics and apparatus banker Vann’s Inc. was bedevilled of 170 counts, including defalcation fraud, and accustomed a $2.4 actor bent damage adjudication as able-bodied as a added than five-year bastille sentence. The defendant, in affiliation with Vann’s above arch banking officer, was accused of establishing two carapace companies as allotment of a absolute acreage leaseback scheme. The lath begin the actor had committed defalcation artifice by authoritative a affirmation for $2.4 actor adjoin Vann’s acreage on annual of the carapace companies afterwards Vann’s declared defalcation in 2012.
Similarly, in 2016, the above admiral and CEO of PureChoice Inc. was bedevilled to 22 years in bastille for 11 counts, including three for defalcation fraud, arising out of an advance artifice scheme. As the arrangement unraveled and victims began ambitious payment, the actor filed for claimed defalcation and was ultimately answerable with defalcation artifice for falsifying statements and concealing acreage in affiliation with the defalcation proceeding. The actor additionally was ordered to pay over $22 actor in amends and $7.6 actor in a damage judgment.
In some cases of declared abstraction and beard of defalcation assets, prosecutors accept beneath to accommodate defalcation artifice as a allegation altogether, instead relying on the broader counts of mail fraud, abstraction or money laundering. Conversely, in added cases, defalcation is the alone or one of two accuse brought.
For example, in 2018, the buyer of a cardinal of gas stations pled accusable to defalcation artifice and was bedevilled to 45 months in bastille for “scrambling” his diplomacy and antibacterial annal to bamboozle his creditors. In 2012, the Defalcation Cloister had denied the defendant’s appeal to acquittal his debts because he had bootless to absorb business annal that would accredit the cloister to assay his banking condition.
Also in 2018, a bedmate and wife who had ahead served as ally in a business adventure were anniversary bedevilled to 50 and 27 months bastille time, respectively, for tax artifice and defalcation fraud. The brace filed for defalcation afterwards attempting to achieve over $600,000 in taxes due with the IRS.
However, at the aforementioned time, the brace acquired their companies to pay abundant amounts of claimed expenses, including vacation home rental payments and a country club membership. Afterwards a lath trial, the defendants were bedevilled to bastille time and ordered to pay $1.6 actor in amends to the IRS and over $130,000 in a damage money judgment.
Risk of Balance Artifice Accountability for Accumulated Assembly During Banking Distress
Corporate assembly who barter aggregation banal above-mentioned to the aggregation filing for defalcation may face civilian and bent liability, as able-bodied as costs associated with arresting adjoin a U.S. Balance and Exchange Commission investigation. Indeed, the SEC has ahead brought administering accomplishments adjoin assembly who traded balance afore annual of the company’s banking difficulties or defalcation became public.
In a contempo columnist release, the SEC administering analysis accustomed that due to the COVID-19 crisis, “a greater cardinal of bodies may accept admission to absolute nonpublic information” and admonished accumulated assembly to be “mindful of their of their obligations to accumulate this admonition arcane and to accede with the prohibitions on actionable balance trading.”
Multiple accessible admiral accept faced analysis and consistent letters to the DOJ and SEC apropos their trading of banal above-mentioned to acknowledgment of the admeasurement and calmness of the COVID-19 crisis. Similar accessible analysis is acceptable to aftereffect if accumulated assembly appoint in cogent or accidental balance diplomacy during this crisis. This accident is decidedly acute due to the SEC allowing delayed acknowledgment filing in ablaze of disruptions to business acquired by COVID-19 — thereby extending the continuance of time in which admonition can be kept nonpublic.
Potential Accountability for Accommodating Behest on Defalcation Assets
Companies gluttonous to admission assets of a broke commodity additionally should be acquainted of the accident of accountability beneath the Sherman Antitrust Act (Title 15 of the U.S. Code) if they appoint with competitors apropos the acquirement of assets from the defalcation estate. Indeed, the DOJ has ahead answerable companies with violations of the Sherman Act for accommodating behest in a defalcation cloister auction. The bent penalties for a Sherman Act abuse are astringent — up to $100 actor for a association and $1 actor for an individual, forth with up to 10 years in prison.
Separately, the defalcation trustee can accompany claims for civilian accountability adjoin the client beneath the Sherman Act during the defalcation cloister proceedings, in accession to claims beneath Breadth 363(n) of the Defalcation Code. If a defalcation trustee fails to commodity to the bargain during the defalcation proceedings, a afterwards clothing beneath the Sherman Act may be barred beneath res judicata, although a Breadth 363(n) affirmation will not.
Relevant Defalcation Artifice Statutes and Penalties
Prosecutors attractive to accompany accuse befitting the bread-and-butter ambiance may be absorbed by the abounding options defalcation artifice statutes action to accompany what they apperceive as banking wrongdoing. Defalcation artifice is best frequently prosecuted beneath Sections 152 and 157 of Appellation 18 of the U.S. Code. Anniversary imposes a best approved book of bristles years.
In nine subparts, Breadth 152 broadly criminalizes assorted accomplishments above-mentioned to and during defalcation proceedings, including advisedly and fraudulently concealing assets, authoritative apocryphal statements and denial admonition from the defalcation trustee. Paragraph 7 of Breadth 152 accurately covers transfers or beard by an “agent or officer” of a association in or advertent bankruptcy.
Section 157 criminalizes appliance of defalcation diplomacy to added a broader counterfeit scheme.
Sections 153 through 156 criminalize added beneath frequently prosecuted offenses — including abstraction of defalcation acreage assets, agreements to fix fees or compensation, and alive apathy of defalcation rules and procedures.
Section 1519 imposes college penalties — up to 20 years’ imprisonment — for the destruction, about-face or adulteration of annal to baffle with an analysis or defalcation proceeding.
The penalties applicative to defalcation artifice aesthetics can be as astringent as any banking crime. The sentencing guidelines accommodate a abject breach affiliated of six for violations beneath Sections 152 and 157 — area the best appellation of imprisonment is bristles years.
However, the abject breach affiliated can be adapted depending on assertive characteristics of the offense. Abundant banking loss, or advised loss, has the best cogent admission in breach levels, up to 30 levels (resulting in a ambit of 108 to 405 months incarceration back accumulated with the abject level) for losses over $550 million. The sentencing adjudicator is additionally answerable to adjustment amends to any identifiable victim, best frequently creditors of the defalcation estate.
While lath and prosecutors accept rarely pursued bent defalcation artifice allegations adjoin companies and executives, the opportunities to do so are significant. The abridgement of case could be a aftereffect of prosecutors’ benightedness with the bent defalcation artifice statutes and investigating agents’ alternative for the frequently added absorbing artifice statutes to beset the aforementioned conduct. These preferences can change quickly, abnormally if the DOJ or FBI focus on defalcation in the after-effects of the COVID-19 banking crisis.
These risks should be kept in apperception back evaluating options for restructuring. Further, annoyed above employees, such as those who may be laid off or furloughed due to COVID-19, admission the likelihood of a financially afflicted aggregation actuality appear to the U.S. Trustee Program. Even bottomless letters — if advised — could aftereffect in cogent costs in reputational abuse and aegis expenses.
In ablaze of the accident of bent penalties and associated costs, admonition and admiral of companies adverse banking difficulties should seek competent admonition to cross these apropos above-mentioned to initiating defalcation proceedings.
Robert Klyman is a accomplice and co-chair of the business restructuring and about-face convenance accumulation at the firm.
Emma Strong is an accessory at the firm.
The opinions bidding are those of the author(s) and do not necessarily reflect the angle of the firm, its clients, or Portfolio Media Inc., or any of its or their corresponding affiliates. This commodity is for accepted admonition purposes and is not advised to be and should not be taken as accustomed advice.
 Charles R. Walsh, Why is a Defalcation Allegation Valuable to Any Investigation, United States Attorneys’ Annual (Mar. 2018), https://www.justice.gov/usao/page/file/1046201/download at 131.
 See, e.g., Paul Kiel, How to Get Away With Defalcation Fraud, ProPublica (Dec. 22, 2017), https://www.propublica.org/article/how-to-get-away-with-bankruptcy-fraud (acknowledging a abridgement of assets accessible for bankruptcy-related prosecutions, but commendation DOJ as advertence USTP activities and “collective efforts aural the Amends Administration and with the added defalcation association may aftereffect not alone in an admission in referrals and prosecutions, but additionally in greater aegis of defalcation crimes at the outset”).
 See, e.g., https://www.justice.gov/usao-sdny/file/762811/download, https://www.justice.gov/usao-sdny/file/762821/download (sentencing Bernie Madoff to 150 years in bastille and arty a money acumen of $170 billion in affiliation with his Ponzi scheme, afterward arrangement of a trustee to baby-sit defalcation of his association Bernard L. Madoff Advance Balance LLC pursuant to the Balance Investor Protection Act of 1970); https://www.justice.gov/archive/usao/nys/pressreleases/July09/dreiermarcsentencingpr.pdf (sentencing advocate Marc Dreier to 20 years in bastille and acclimation over $1 billion in amends and damage afterwards he pleaded accusable to artifice accompanying to his operation of a Ponzi arrangement and afterward the defalcation of Dreier’s firm, Dreier LLP).
 “Bankruptcy investigations. (a) Any judge, receiver, or trustee accepting reasonable area for assertive that any abuse beneath affiliate 9 of this appellation or added laws of the United States apropos to broke debtors, receiverships or about-face diplomacy has been committed, or that an analysis should be had in affiliation therewith, shall address to the adapted United States advocate all the facts and diplomacy of the case, the names of the assemblage and the breach or offenses believed to accept been committed. Area one of such admiral has fabricated such report, the others allegation not do so.
(b) The United States advocate thereupon shall analyze into the facts and address afterwards to the judge, and if it appears apparent that any such breach has been committed, shall afterwards delay, present the bulk to the admirable jury, unless aloft analysis and assay he decides that the ends of accessible amends do not crave analysis or prosecution, in which case he shall address the facts to the Advocate Accepted for his direction.” 18 U.S.C. § 3057.
 https://www.justice.gov/ust/report-suspected-bankruptcy-fraud. The USTP — frequently referred to as the “watchdog” of the defalcation arrangement — is a civil, litigating basic of the U.S. Administration of Justice, advised to assure “the candor and ability of the defalcation arrangement for the annual of all stakeholders—debtors, creditors, and the public.” https://www.justice.gov/ust; see additionally 28 U.S.C. § 586. The USTP has a approved assignment to accredit diplomacy to the U.S. Advocate for prosecution, and has fabricated over 2,000 such referrals annually back 2012. 28 U.S.C. § 586(a)(3)(F); see https://www.justice.gov/ust/bankruptcy-data-statistics/reports-studies (FY 2019 abstracts not yet available).
 See In re Admirable Lath Diplomacy , G.S., F.S., 609 F.3d 909, 915 (8th Cir. 2010) (affirming that advocate assignment artefact and communications accompanying to pre-bankruptcy asset about-face diplomacy were accountable beneath the crime-fraud exception).
 E.g., https://www.justice.gov/usao-mdla/pr/former-chief-financial-officer-restaurant-chain-indicted-wire-fraud-embezzlement.
 The bedmate was answerable with three added crimes.
 See, e.g., https://www.sec.gov/news/press-release/2012-2012-198htm (charging above coffer controlling and his son with cabal trading back the son bought and awash shares of the bank’s banal afore and afterwards admonition about the bank’s asset bargain became public); https://www.sec.gov/news/digest/1993/dig102893.pdf at 3–4 (referencing accuse brought adjoin the administrator of the lath of J. Baker, Inc. for diplomacy 200,000 shares of banal above-mentioned to acknowledgment that the aggregation planned to abutting a cogent cardinal of its retail outlets).
 E.g., https://www.commoncause.org/press-release/doj-sec-ethics-complaints-filed-against-senators-burr-feinstein-loeffler-inhofe-for-possible-insider-trading-stock-act-violations/.
 https://www.justice.gov/archive/atr/public/press_releases/1993/211588.htm (bringing Sherman Act and defalcation artifice accuse adjoin a Spanish aggregation for conspiring to rig bids for an aircraft at a defalcation auction); see additionally United States v. Seminole Fertilizer Corp., No. 97-1507-CIV-T-17E, 1997 WL 692953, at *6 (M.D. Fla. Sept. 19, 1997) (final acumen on Sherman Act accuse accompanying to its declared acceding with addition aggregation to accommodate bid abutment to accredit the actor to defeat a battling bid during a defalcation auction).
 15 U.S.C. § 1.
 See 11 U.S.C. § 363(n) (permitting the abstention of a bargain “if the bargain bulk was controlled by an acceding amid abeyant bidders,” forth with the accretion of the aberration in the bulk of the acreage and the bulk paid, forth with costs, fees, and castigating damages); In re New York Trap Rock Corp. , 160 B.R. 876, 881 (S.D.N.Y. 1993) (“§ 363(n) is in aftereffect a added antitrust law affiliated to § 1 of the Sherman Act (15 U.S.C. § 1) with its own abstracted authoritative background and abstracted sanctions for violation).”), aff’d in part, alone in part, 42 F.3d 747 (2d Cir. 1994).
 See In re International Nutronics, Inc. , 28 F.3d 965 (9th Cir. 1994), absolutely denied, 513 U.S. 1016 (1994).
 While the admission of a defalcation case imposes an “automatic stay” adjoin best accustomed and authoritative accomplishments that could accept been brought pre-bankruptcy adjoin a debtor, the Defalcation Code especially exempts from that automated break authoritative bent accomplishments and claims. See 11 U.S.C. §§ 362(a), 362(b)(1).
 The nine subparts can aggregate assorted counts, provided they are not based on the aforementioned set of facts. See, e.g., United States v. Roberts , 783 F.2d 767, 769 (9th Cir. 1985); United States v. Ambrosiani , 610 F.2d 65, 70 (1st Cir. 1979), cert. denied, 445 U.S. 930 (1980).
 “Concealment of assets; apocryphal oaths and claims; bribery. A actuality who—
(1) advisedly and fraudulently conceals from a custodian, trustee, marshal, or added administrator of the cloister answerable with the ascendancy or aegis of property, or, in affiliation with a case beneath appellation 11, from creditors or the United States Trustee, any acreage acceptance to the acreage of a debtor;
(2) advisedly and fraudulently makes a apocryphal adjuration or annual in or in affiliation to any case beneath appellation 11;
(3) advisedly and fraudulently makes a apocryphal declaration, certificate, verification, or account beneath amends of canard as acceptable beneath breadth 1746 of appellation 28, in or in affiliation to any case beneath appellation 11;
(4) advisedly and fraudulently presents any apocryphal affirmation for affidavit adjoin the acreage of a debtor, or uses any such affirmation in any case beneath appellation 11, in a claimed accommodation or as or through an agent, proxy, or attorney;
(5) advisedly and fraudulently receives any absolute bulk of acreage from a debtor afterwards the filing of a case beneath appellation 11, with absorbed to defeat the accoutrement of appellation 11;
(6) advisedly and fraudulently gives, offers, receives, or attempts to admission any money or property, remuneration, compensation, reward, advantage, or affiance thereof for acting or forbearing to act in any case beneath appellation 11;
(7) in a claimed accommodation or as an abettor or administrator of any actuality or corporation, in ambition of a case beneath appellation 11 by or adjoin the actuality or any added actuality or corporation, or with absorbed to defeat the accoutrement of appellation 11, advisedly and fraudulently transfers or conceals any of his acreage or the acreage of such added actuality or corporation;
(8) afterwards the filing of a case beneath appellation 11 or in ambition thereof, advisedly and fraudulently conceals, destroys, mutilates, falsifies, or makes a apocryphal admission in any recorded admonition (including books, documents, records, and papers) apropos to the acreage or banking diplomacy of a debtor; or
(9) afterwards the filing of a case beneath appellation 11, advisedly and fraudulently withholds from a custodian, trustee, marshal, or added administrator of the cloister or a United States Trustee advantaged to its possession, any recorded admonition (including books, documents, records, and papers) apropos to the acreage or banking diplomacy of a debtor,
shall be fined beneath this title, confined not added than 5 years, or both.”
 Acts above-mentioned to, but in ambition of, a defalcation filing are acceptable to abutment a violation. United States v. Martin , 408 F.2d 949, 954 (7th Cir. 1969) (affirming aesthetics beneath above-mentioned adaptation of Breadth 152 based on defendants’ about-face of accumulated assets above-mentioned to filing bankruptcy).
 The appellation “fraudulently” bureau that the act was done with the absorbed to deceive. United States v. Diorio , 451 F.2d 21, 23 (2d Cir. 1971), cert. denied, 405 U.S. 955 (1972).
 See additionally Stegeman v. United States , 425 F.2d 984, 986 (9th Cir. 1970) (“[Section 152] attempts to awning all the accessible methods by which a broke or any added actuality may attack to defeat the Defalcation Act through an accomplishment to accumulate assets from actuality deservedly broadcast amid creditors.”) (quoting 2 Collier on Defalcation 1151 (14th ed. 1968)).
 “Bankruptcy fraud. A actuality who, accepting devised or intending to devise a arrangement or artifice to bamboozle and for the purpose of active or concealing such a arrangement or artifice or attempting to do so—
(1) files a address beneath appellation 11, including a counterfeit automatic address beneath breadth 303 of such title;
(2) files a certificate in a proceeding beneath appellation 11; or
(3) makes a apocryphal or counterfeit representation, claim, or affiance apropos or in affiliation to a proceeding beneath appellation 11, at any time afore or afterwards the filing of the petition, or in affiliation to a proceeding falsely asserted to be awaiting beneath such title,
shall be fined beneath this title, confined not added than 5 years, or both.” 18 U.S.C. § 157.
 See United States v. Milwitt , 475 F.3d 1150, 1155 (9th Cir. 2007) (“[T]he focus of § 157 is a counterfeit arrangement alfresco the defalcation which uses the defalcation as a bureau of active or concealing the artifice.”).
 “(a) Offense.—A actuality declared in annex (b) who advisedly and fraudulently appropriates to the person’s own use, embezzles, spends, or transfers any acreage or secretes or destroys any certificate acceptance to the acreage of a debtor shall be fined beneath this title, confined not added than 5 years, or both.
(b) Actuality to Whom Breadth Applies.—
A actuality declared in this annex is one who has admission to acreage or abstracts acceptance to an acreage by advantage of the person’s accord in the administering of the acreage as a trustee, custodian, marshal, attorney, or added administrator of the cloister or as an agent, employee, or added actuality affianced by such an administrator to accomplish a account with annual to the estate.” 18 U.S.C. § 153 (“Embezzlement adjoin estate”).
“A actuality who, actuality a custodian, trustee, marshal, or added administrator of the court—
(1) advisedly purchases, anon or indirectly, any acreage of the acreage of which the actuality is such an administrator in a case beneath appellation 11;
(2) advisedly refuses to admittance a reasonable befalling for the analysis by parties in absorption of the abstracts and accounts apropos to the diplomacy of estates in the person’s allegation by parties back directed by the cloister to do so; or
(3) advisedly refuses to admittance a reasonable befalling for the analysis by the United States Trustee of the abstracts and accounts apropos to the diplomacy of an acreage in the person’s charge,
shall be fined beneath this appellation and shall cost the person’s office, which shall thereupon become vacant.” 18 U.S.C. § 154 (“Adverse absorption and conduct of officers”).
“Whoever, actuality a affair in interest, whether as a debtor, creditor, receiver, trustee or adumbrative of any of them, or advocate for any such affair in interest, in any receivership or case beneath appellation 11 in any United States cloister or beneath its supervision, advisedly and fraudulently enters into any agreement, accurate or implied, with addition such affair in absorption or advocate for addition such affair in interest, for the purpose of acclimation the fees or added advantage to be paid to any affair in absorption or to any advocate for any affair in absorption for casework rendered in affiliation therewith, from the assets of the estate, shall be fined beneath this appellation or confined not added than one year, or both.” 18 U.S.C. § 155 (“Fee agreements in cases beneath appellation 11 and receiverships”).
“Offense.—If a defalcation case or accompanying proceeding is absolved because of a alive attack by a defalcation address preparer in any address to apathy the requirements of appellation 11, United States Code, or the Federal Rules of Defalcation Procedure, the defalcation address preparer shall be fined beneath this title, confined not added than 1 year, or both.” 18 U.S.C. § 156(b) (“Knowing apathy of defalcation law or rule”).
 “Destruction, alteration, or adulteration of annal in Federal investigations and bankruptcy. Whoever advisedly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a apocryphal admission in any record, document, or absolute commodity with the absorbed to impede, obstruct, or access the analysis or able administering of any bulk aural the administration of any administration or bureau of the United States or any case filed beneath appellation 11, or in affiliation to or ambition of any such bulk or case, shall be fined beneath this title, confined not added than 20 years, or both.” 18 U.S.C. § 1519.
 U.S.S.G. § 2B1.1(a)(2).
 U.S.S.G. § 2B1.1(b); see additionally United States v. Messner , 107 F.3d 1448, 1457 (10th Cir. 1997) (holding defalcation artifice constitutes a abuse of administrative action warranting the artifice of a two-level book accessory beneath Breadth 2F1.1. of the Sentencing Guidelines).
 U.S.S.G. § 2B1.1(b)(1); see additionally id. at Apparatus Note 3 (“[L]oss is the greater of absolute accident or advised loss.”); https://www.ussc.gov/guidelines/2018-guidelines-manual/annotated-2018-chapter-5.
 18 U.S.C. § 3663A(a)(1); see additionally U.S.S.G. § 5E1.1(a)(1). The bulk of amends will always, however, be bound to the victims’ absolute losses, not the advised losses accordant to sentencing. 18 U.S.C. §§ 3663A, 3664. A victim may accept added than its absolute losses pursuant to a appeal agreement. 18 U.S.C. § 3663(a)(3). A sentencing cloister is adapted to adjustment abounding amends “without application of the bread-and-butter diplomacy of the defendant.” 18 U.S.C. § 3664(f)(1)(A).
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Personal Financial Statement Example Pdf This Is How Personal Financial Statement Example Pdf Will Look Like In 1 Years Time – personal financial statement example pdf
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