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Forensic Accountant Bankruptcy Expert Witness

Provides Opinion & Testimony In:

Accounting, Finance, Lost Profits, Auditing, Financial Modeling, Mortgage Banking, Banking, Forecasting, Negligence, Business Interruption, Forensic Accounting, Performa Projections, Certified Public Accountant CPA, Fraud Detection, Personal Injury, Civil Litigation, Healthcare Insurance, Property Management, Community Associations, Insurance, Real Estate Development, Community Development, Intangible Assets, Real Estate, Partnership LLC, Community Property, Intellectual Property, Reserves, Compensation Plans, Investigative Accounting, Residential Real Estate, Damage Calculations, Investments, Savings Loans, Divorce, Lending, Trade Secret Misappropriation, Divorce Estate Auditor, Litigation Support, Trademarks, Due Diligence, Loans, Wrongful Termination, Economic Damages, Loss Reserves, Family Law, Loss of Earnings,Forensic Accountant for Civil Litigation, Family Law Bankruptcy

 

Expert No. 3722

Summary of Background:
C.P.A., M.B.A. and principal of expert forensic accounting business – civil case exposure includes fraud, breach of contract, negligence, intellectual property, wrongful termination or death, and personal injury/accident, within diverse sectors such as government agency, manufacturing/distribution/retail, banking, insurance and technology. Case experience also includes real estate, partnership, estate, trust and family law disputes. Review and analysis of financial records, pleadings, deposition testimony, discovery responses, and other evidence to estimate economic damages, lost profits, lost earnings and and/or reimbursement claims; preparation of discovery demands; preparation of expert reports and rebuttals of opposing experts; provision of expert testimony as needed.

Present Experience:
Owner of Private Company; a freelance expert forensic accounting business serving attorneys, other expert firms, individuals and insurance clients.

Expert Case Experience:
Analysis of corporate/individual records, Deposition testimony and other evidence, assessment of economic damages, lost profits and lost earnings, preparation of expert reports and/or rebuttals versus opposing experts.

Partnership, Estate and Trust Disputes:

  • For Plaintiff (broker/partner), versus developer/co-partner, estimated Damages (unfair dealings and lost profits on partnership LLC interests in commercial land acquisition/development deals) – Case settled
  • For Plaintiff (minority partner/ owner of commercial office building) versus majority partner/co-owner and property manager, estimated cash outflows from partnership due to speculative securities investments and assessed propriety of financial reporting by property manager. Prepared written expert Declaration for Court and testified as expert re: damages at Deposition – Prepared several expert reports over an over four year period of time – Case pending on Appeal
  • For Surviving spouse (of deceased partner) versus surviving partners of a restaurant partnership, due diligence review of restaurant operations and cash flows to assist attorney in securing partnership profit sharing agreement (buyout dispute in absence of key-person life insurance) – Case settled
  • For Plaintiff (patient hospitalized under Section 5150), traced and analyzed cash flows within Plaintiff’s securities portfolio, determined losses suffered due to mismanagement by sibling acting under POA – Prepared expert report
  • For Defendant (trustee of a valuable estate related trust), performed complex accounting of foreign and domestic asset cash flows (estate challenge to trustee’s distributions) – Findings filed with Court
  • For Defendant (co-investor in a large residential owner/builder joint venture), performed complex accounting/ tracing of real estate project cash flows (civil challenge to project manager’s expenditures). Prepared expert report and testified as expert at Deposition re: accounting and other counter-claimed damages – Case settled during trial
  • For Defendants (three family members in a dispute over management of various owned motel operations), analyzed business and tax records of 3 motels, assessed various lost profits and damage scenarios, assisted attorney at pre-trial meeting with client (case settled)

Breach of Contract and Fiduciary Duty, Negligence:

  • For Expert for Defendant (property manager) versus Home Owners Association (HOA), estimated Damages (breach of accounting duties and conversion of records) – Per expert, case settled
  • For Plaintiff (Hispanic Church Pastor) versus commercial landlord, estimated Damages and Lost Earnings (loss of congregation due to uncorrected water damage and mold) – Prepared expert report – Case settled
  • For Plaintiff (accounts receivable financing company) versus hospital operator, preliminary review of board minutes, public filings, billing and medical records (breach of contract to sell patient receivables) – Case Settled
  • Fraud, Misappropriation, Misrepresentation:
  • For Defendant (owner of residential property accused of fraudulently obtaining title) versus former owner of same property, estimated Damages re: defendant’s counter-claim (breach of oral agreement, fraud and quiet title case) – Prepared expert report – Case settled
  • For major Insurer (national casualty underwriter) versus Claimant, interfaced between claimant/attorney and insurer to limit payout (unsupported claim re: lost income on vacation rental property damaged by water intrusion) – Claim assumed paid with reductions
  • For elderly Plaintiff (founder, charitable foundation) versus former CFO, estimated Damages (alleged misappropriation of personal and foundation assets and elder abuse) – Jury found for defendant

Valuation / Due Diligence / Loan or Lender Disputes

  • For Defendant (majority shareholder & CEO of bankrupt former sub-prime lender) vs. minority shareholder, valuation analysis to rebut opposing expert’s valuation report (dispute re: value of business operations sold prior to bankruptcy) – Testified as expert at Deposition – Case ruled in favor of defendant on Summary Judgment – subsequent related bankruptcy case ruled in favor of defendant
  • For Attorney – Due diligence of target legal/technology subsidiary of insolvent pubic parent company, for attorney’s successful business acquisition of same subsidiary
  • For Plaintiff (appellant seeking to overturn discharge of debtor ruling) vs. debtor, review of debtor records and preparation of written Expert Declaration for Court (federal bankruptcy case) – Case dismissed
  • For Plaintiff (attorney representing self in Pro Per in a dispute with business partner), determined principal, interest and late fee damages arising from partner’s default on a loan, and prepared written expert Declaration for Court – Case settled
  • For Plaintiff (Buyer/Borrower) versus Appraisal company, estimated loan and other related Damages resulting from Appraiser errors, residential purchase – Case settled

Accident, Product-Defect, Personal Injury:

  • For Plaintiff (former CEO/owner of a jewelry retail business and real estate investment and management corporation) vs. commercial landlord, calculated lost earnings and lost business profits resulting from mold related injuries suffered by business owners (uncorrected water damage and mold) – Prepared export report and testified as expert at Deposition – Case settled at jury selection phase of trial
  • For Hispanic Plaintiff (Owner-Operator Trucker, victim of long haul trucking accident), lost profits analysis and assistance at Mediation with insurer (personal injury) – Two separate trucker cases, prepared expert reports, both cases settled
  • For Plaintiff (actress/impersonator) versus national beverage manufacturer, estimated Lost Earnings (damage to vocal chords and career, product defect injury) – Testified as expert at Deposition – Case settled
  • For Plaintiff (electrician, victim of drunk driving accident), estimated Lost Earnings (loss of career as electrician requiring change of vocation) – Prepared expert report and testified as expert at Deposition – Case Settled

Wrongful Termination, Wrongful Death:

  • For Expert for Defendant (government housing agency) versus terminated employee/attorney, analysis of Deposition testimony / other evidence to limit Damages/Lost Earnings (whistle-blower/fraud related case) – Per expert, jury found for plaintiff yet awarded a significantly reduced damage amount
  • For Plaintiff – Preliminary determination of Damages suffered by estate due to prescription drug-related wrongful death, including lost earnings of deceased and surviving spouse, and other damages – Prepared expert report – Case settled

Family Law:

  • Served as forensic accountant and trial assistant to Respondent (husband) on a complex family law matter. Client was Russian, with ownership interests in a multi-million dollar international dating website and numerous other properties. Client was in Pro Per at trial and without an earlier designated expert; assisted client in-house and during trial in successfully asserting and/or rebutting at least $1.3 million in reimbursement claims.
  • For Respondent (husband) – traced and analyzed cash flows of a jointly held window and door business to determine cash available for support, identified misrepresentations on spouse’s Income/Expense Declarations, and prepared written expert Declaration for Court
  • For Petitioner (wife) – drafted subpoena demands for attorney to serve discovery on Respondent-controlled technology startup, reviewed opposing expert’s appraisal report on same business
  • For Respondent (wife) – traced and analyzed securities records to determine marital cash outflows resulting from spouse’s on-line securities trading business
  • For Defendant/Respondent (in a billing dispute with the retained CPA/expert), reviewed CPA/expert’s report, findings and related billings, consulted with attorney prior to arbitration re factors (in support of and against) both Plaintiff (CPA/expert) and Defendant – Case ruled on in Arbitration

Intellectual Property / Anti-trust:

  • For Expert for Defendant (prominent foreign beverage manufacturer and its U.S. distributor) versus international competitor, assistance in rebuttal of opposing expert report, including reasonable royalty rebuttal (trade dress infringement case) – Per expert, Court found trademark was infringed but awarded no monetary damages
  • For Expert for Plaintiff (government defense/military equipment provider) versus former sub-contractor, assistance in estimating Damages (theft of trade secrets) – Per expert, Case settled
  • For Expert for Co-Plaintiffs (10 independent service operators) versus national energy systems manufacturer, assistance in preparation of expert report (anti-competitive lock-out software) – Per expert, Case settled

Corporate Employment History:

Served as VP/CFO of an independent bank, Treasurer and board member of a nonprofit institution, and held several finance, accounting and management advisory positions within large corporations and consulting firms.

Real Estate Experience:

Landlord/Management of residential rental property; large-scale residential renovation, casework for HOA (Homeowners Association) board management and property management disputes, title disputes, real estate partnership disputes, landlord disputes, and water damage and mold disputes

Credentials/Education:

  • CPA  California
  • MBA, UC Berkeley, Finance/International Economics 1985
  • BS, UC Berkeley, Accounting/ Finance 1981
  • Life-Only, Accident & Health, Resident Insurance, California

Second Languages:
Conversational in Spanish

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