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Partial Case Experience in Forensic Accounting / Accounting Fraud

Gary Bottoms v. James L. Gang, Judy Vanhemert and Ultimate Sales and Service, Inc. - assisted Plaintiff in determining damages regarding the "fraudulent" sale of stock owned by a minority stockholder to the majority stockholder and the subsequent sale of the majority stockholders stock to an outside third party purchaser.  Case settled before trial.


Rainbow Materials v. Paradigm, Global Southwest, Keith Wood et al – retained by Plaintiff to detail the self-dealing of Defendants regarding the construction, financing, and foreclosure of one Defendant owned company against another Defendant owned company’s first lien note payable to another Defendant.  The foreclosure allegedly wiped out the mechanics lien holders, of which Plaintiff was one.  Prepared report - Provided expert testimonyThe foreclosure was overturned and Plaintiff was awarded $177,000 in actual damages, $86,000 in attorney fees and $290,000 in punitive damages.


Wilborne v. HFE – on behalf of Plaintiff uncovered fraud and calculated over billing of a cost plus contract by Defendant.  Report prepared and expert testimony given at deposition and trial.  Plaintiff received a $400,000 plus award.


General Supply Co. v. Maxxon – on behalf of Plaintiff, analyzed amounts charged for gypsum cement by Defendant to Plaintiff and compare to charges of other regional competitive dealers in order to determine antitrust violations.  Case settled before trial.


Philip J. Romano, Individually; Philip J. Romano, as a shareholder of WAHI, Inc., a Delaware Corporation v. Harry M. Coley, Individually and d/b/a "Mama’s Old Fashioned Desserts" and Wild About Harry’s, Inc., a Delaware Corporation, and WAHI, Inc., a Delaware Corporation – on behalf of Defendant examined documents in order to determine proper allocation of expenses and other costs for the purpose of stock buyout by Defendant.  Case settled before trial.


Express Boyd, Ltd. v. David Fleming, Michael Faulkner et al - Defendants allegedly embezzled $17 million dollars from the Plaintiff. Assisted Plaintiff in negotiating a civil settlement whereby the Defendant relinquished personal and business assets to a trust, which was created to receive and dispose of assets.  Originally hired to calculate losses and provide expert testimony.  Ultimately served as the trustee of the liquidating trust whereby assets were traced, recovered and liquidated.


Case matter reference - Confidential at client request - reconstructed books and records on behalf of client in a situation involving an employee who embezzled over $800,000 over a period of several years.  Engagement involved examining transactions of numerous subsidiary companies, adjusting the books and records of individual companies and consolidated records.  Lawsuit never filed.


Case matter reference - Confidential at client request - reconstructed books and records in connection with retail and distribution company whereby a significant shareholder and officer of the Company had engaged in numerous fraudulent cash transactions that were not reflected on the books and records.  Engagement involved tracing transactions back to vendors and customers, analysis of forged checks and determining the amount of cash siphoned off by the significant shareholder.  Our work was ultimately used to determine a buy-out price of the significant shareholder.


 

Electrical Associates, Inc. v. Carrol Construction, Inc., Jack White – on behalf of Plaintiff provided litigation services and expert testimony concerning fraudulent transfer of funds in insolvency by Defendant.  Prepared written report and testified at deposition.  Case was settled favorable to Plaintiff


Travelers Insurance Group v. Sarco Ind - retained by Defendant to review the books and records of Defendant and Defendant’s subsidiary for alleged commingling of funds or commingling of duties that could be used by the Plaintiff in piercing the corporate veil between subsidiary and parent company.  No commingling was found and Defendant settled this and other suits brought by Plaintiffs.

 

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