Complex Commercial Litigation – Profits Disgorgement
- Our client, a global industrial organization, sued in federal court for allegedly competing with product lines that were required to be spun-off as a result of a major acquisition.
- Assisted the client by performing an analysis of all domestic and international sales to search for the sales of product that were potentially prohibited under the divestiture agreement.
- Worked collaboratively with the client’s accounting, legal, technology, manufacturing and sales personnel.
- Developed appropriate algorithms to electronically search for the sale of potentially prohibited products over an eight among the manufacturer’s billions of dollars of sales.
- Successfully modified the algorithms to operate among the variations in data stored in its various disparate accounting systems.
- Our work was performed at sites in North America and Europe.
- The results of our work were instrumental in rebutting the plaintiff’s allegations and achieving a negotiated settlement prior to trial.
Partnership Dissolution – Self-Dealing
- Our client, a well-known billionaire trial attorney, suspected that his partner in a large real estate investment partnership was unjustly enriching himself to the detriment of the partnership.
- Since the improper financial activities were thought to have taken place over a period of years, our procedures included the forensic deconstruction of the partnership tax returns over a five-year period.
- After studying the partnership’s tax returns in detail, we developed specific and detailed document requests to be served to the opposing party who was also the tax matters partner of the partnership.
- The opposing party, who was compelled to produce records that would have presumably been detrimental to his position, agreed to a negotiated settlement that was favorable to our client.
- Because of our extensive expertise in forensic accounting the city council of a municipality with a $100 million-plus balance sheet sought our expertise.
- The council was concerned that the entity had not upgraded its financial processes in over 30 years and sought out a firm who knew, first hand, the areas where entities fall victim to financial fraud, waste and misappropriation of assets.
- Our engagement, which involved studies and consultations over a two-year period, yielded 32 detailed recommendations for improvements that should be made to the entity’s systems and processes.
- The municipality’s management agreed with and adopted each of our recommendations.
Audit Committee Investigation – $200 Million in Question
- Traced customer funds from source through a company’s internal systems to ensure funds had not been misappropriated.
- Confirmed recorded investor contributions with the investors.
- Confirmed recorded funds on deposit with banks.
- Analyzed integrity of the accounting system.
Litigation – 50,000 Disputed Transactions Totaling $100+ Million
- Provided discovery assistance to ensure relevant data was being requested and received in a form allowing for complete analysis of transactions.
- Analyzed over a terabyte of data to determine legitimacy and proper support of certain transactions.
- Extracted and combined individual data fields from different data repositories and built a complete picture of each transaction.
- Developed evidence that many disputed transactions were not legitimate.
- Prepared expert report forcing opposing party to settle the case before trial.