Litigation and Forensics

We have been engaged on numerous cases as consultants to conduct fact-finding and evaluate the strength and weaknesses of those accounting arguments that have been filed as part of a complaint. We approach those cases assigned to us with a global perspective in order to minimize potentially hazardous-and-unaddressed issues.

Litigation services have taken on a variety of names and buzz words. Both the number and descriptive terms have grown at a rapid pace over the last decade with one goal in mind: to market the attorney.

 

Expert Witness

All buzz-words aside, there are really two roles that an expert must do well. First the expert and attorney need to agree and narrow down the issues upon which the expert will be giving an opinion. Secondly, the expert must effectively communicate a complex body of knowledge to a trier-of-fact.

We have worked on numerous cases with attorneys and presented oral, written and depositional testimony on a variety of matters such as:

  • Business valuations
  • Shareholder/ Partner capital account calculations
  • Economic value analysis of related parties and similar transactions
  • Investigation of claims pertaining to the misappropriation of assets
  • Validation of claims and/or underlying accounting records supporting or rebutting claims
  • Trust accounting (either UPIA or trust-instrument-dictated)
  • Chapter 11 Cramdown and feasibility analyses
  • Net-Winner/ Net-Loser analyses in connection with Ponzi Schemes
  • Independent financial projections for use in settlement negotiations
  • Sweat-equity calculations amongst partners or shareholders
  • Malpractice suits against CPAs
  • Preparation and testimony pertinent to receiverships & piercing-the-corporate-veil arguments
  • Reconciling allegations as to trustee misfeasance in regards to differing accounting methodologies
  • Rebuttal to other experts
  • Reasonable compensation analysis

 

Consulting Witness

We have been engaged on numerous cases as consultants to conduct fact-finding and evaluate the strength and weaknesses of those accounting arguments that have been filed as part of a complaint. We approach those cases assigned to us with a global perspective in order to minimize potentially hazardous-and-unaddressed issues.

As consultants, we have added a variety of value-added aspects to an attorney’s case such as:

  • Altering the priorities upon which legal counsel may choose to pursue or defend
  • Removing, adding or modifying causes of action to a complaint
  • Providing best, worst and likely-case scenarios for use in settlement negotiations
  • Identification of significant issues such as: tax misfeasance or global issues such as accounting for items in the context of the partnership agreement
  • Strategies to eliminate tax inequities caused by disproportionate distributions to a minority S-corporate shareholder who has been “locked out”
  • Identification of misappropriation occurring in areas outside the original scope of our work
  • Identify admissions via work conducted by other experts
  • Identifying tax traps and opportunities inherent in a settlement agreement so as to minimize or shift material unwanted tax characteristics that would otherwise ensue
  • Evaluate record retention in the context of the “normal and ordinary course of business”
  • Document management system and complex discovery tracking, bate referencing and comprehensive internal databases incorporating intelligent searches

 

Court Appointed Referee

When you get two accountants, with differing opinions, you might have the beginnings of a headache for the attorneys and the trier of fact. In those cases, we seek to independently evaluate and summarily synthesize the opinions and work of experts that have differing viewpoints.

The Court may wish to minimize the cost of experts by the parties and choose to have the parties agree to a court-appointed neutral. We work to provide transparency and equal opportunity for both sides to be heard before rendering an opinion.