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The Cash Recovery Coffee Break What is AR Management and Why Should I Care? December 14, 2011

Yale Law & Policy Review The Collection Gap: Underenforcement of Corporate and White-Collar Fines and Penalties By: Ezra Ross and Martin Pritikin

The modern administrative state depends in large part on fines, penalties, restitution orders, and similar sanctions. Contemporary policy assumes that the state, once it orders offenders to pay those sanctions, will collect them. This article suggests that we cannot depend on that assumption. Even where offenders are corporate or white- collar executives with the resources to pay, a fine imposed is in many cases not a fine collected. To the contrary, the available data shows a massive gap between penalties imposed on the books and penalties collected in reality.

.. existing scholarship has not seriously addressed what happens after the state orders offenders to pay these sanctions. Instead, the administrative enforcement literature has essentially ignored to what extent offenders actually pay the penalties imposed against them. This Article seeks to describe empirically, for the first time, the degree to which regulators follow through on enforcing corporate and white-collar fines and penalties.

…Administrative agencies never collect the vast brunt of regulatory and criminal penalties. The U.S. Department of Justice, for example, has collected in recent years less than 4% of criminal penalties and fines it imposes.

… The disconnect between enforcement expectations and enforcement reality extends to agency attitudes. According to scholars, regulators impose fines to deter misconduct, compensate victims, and generate government revenue. Ensuring offenders actually pay helps achieve those enforcement goals.

During a recession in which governments are slashing budgets, cutting back public services, and laying off workers, they are at the same time neglecting to recover huge sums from corporations and executives that have actually been found to have engaged in wrongdoing. Particularly in such an economic environment, one would expect a groundswell of support to push government agencies to improve their fine collection rates. End of Excerpt from Yale Law & Policy Review

Who Should Care? All Citizens, Financial Decision Makers, Elected Officials, Finance Officers, Healthcare Providers, Billing Managers

Who Gets it Done? Compliance Professionals

What is AR Management? AR: Accounts Receivable including past due bills, fines, fees

What is AR Management? Management: Judicious means to accomplishing an end

What is AR Management? Management: Judicious means to accomplishing an end What is judicious? Having, exercised, or characterized by sound judgment

What is AR Management? Management: Judicious means to accomplishing an end What is the end? Optimized receivables process All that should be done is done, and in a timely way Economy of scale is employed when helpful Economy of resources is maximized Collect more money Collect more money faster Collect more money faster for less cost Just outcome

What is AR Management? Management: Judicious means to accomplishing an end What are the means? Restorative Recoveries Written credit and collections policy Proper use of technology Measuring tools (know where you are) Written communications Telephoning Skip tracing Credit reporting Other legal remedies

The Cash Recovery Coffee Break What is AR Management and Why Should I Care? December 14, 2011

The Cash Recovery Coffee Break Example: NYC Water

The Cash Recovery Coffee Break Example: NYC Water Study: Paid 1.6 M to Assess Problem of 200,000 Delinquent Water Accounts

The Cash Recovery Coffee Break Example: NYC Water Three Recommendations: 1. Raise Taxes 2. Turn Off Water

The Cash Recovery Coffee Break Example: NYC Water Three Recommendations: 1. Raise Taxes 2. Turn Off Water 3. Collect the Debt

The Next Cash Recovery Coffee Break You Get What You Measure Your Receivables Dashboard Join Us January 18, 2012 at 10:00 AM EST

Upcoming Cash Recovery Coffee Breaks January 18, 2012: You Get What you Measure - Your Receivables Dashboard 2012 Topics: Results Collecting More Money Collecting More Money Faster Collecting More Money Faster for Less Cost Means (How to Do It) Restorative Recoveries Written communications Telephoning Skip tracing Credit reporting Other legal remedies

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