Expert Witness

About Expert Witness Testimony & Consulting

Find the truth. When you do, your story is easier to tell.

Expert analysis is rooted in developing a hypothesis, testing it, proving (or disproving) it and finding ways to strengthen your position – while still aware of the weaknesses or flaws in your own armor. The expert witness is in a constant mode of playing ‘devil’s advocate’ with his or her own analysis.

Because rest assured, your adversary is charged with doing the same thing. You must know your position better than your opposition – and be prepared to defend it, under intense scrutiny and cross-examination.

Below is the ‘pyramid’ of progression, showing the life cycle phases of investigation or forensic analysis, ultimately culminating in expert witness testimony. Completing the analogy of building the ‘body of evidence’ in the forensic process, preparing the expert report and providing expert witness testimony places the ‘skin’ on skeleton, muscles and organs, wrapping it all in place.

Life Cycle Phases of the Forensic / Investigative / Expert Witness Process

What We Do

Blending art with science

The best expert witnesses are consummate communicators and translators, helping clients navigating the rough waters of disputes. Our clients include governmental agencies, corporations, boards of directors, prosecutors and litigators.

By the numbers

In hundreds of cases over two decades, testimony may only be required in one tenth (10%) of them.

Settlement, versus Testimony

In experience, about 90% of our cases settle before trial or testimony is required. Our objective it to build a case that is strong and sound enough to mitigate costs of litigation, defense or prosecution.

Analyze, interpret and communicate the facts. Then make it easier for the audience to understand.

Consulting

As a consulting expert, our work is protected under the Attorney-Client Privilege, until or unless we are identified as a testifying expert.

Testimony

We have provided expert witness testimony in criminal and civil cases, in State and Federal court, before grand juries, in deposition, arbitration and mediation.

Pre-trial advisory

We regularly provide candid pre-case assessment and advice, on the merits and flaws of case, helping clients to ‘weigh case economics.’

Court-appointed Neutral

We also serve as an objective ‘referee’ in disputes, providing unbiased analysis and opinions.

Results

Testimony, in Diverse Venues

Below are selected case experience examples, related to our past Expert Witness Testimony, by industry sector and subject matter. For additional case experience, please refer to Intelligence, Investigation, Forensic, and Risk / Controls.

Government

Public Corruption, Self-Dealing, Overspent Contracts

Investigation / forensic accounting for County Board of Commissioners, in connection with activities by former County Attorney and various County departments. Findings included waste / abuse of more than $25 million by former County Attorney, for failed permitting, development and construction for lake reservoir; misuse of more than $42,000 by County Commissioner for benefit of his 501(c)3 organization; use of County facilities by Recreation Director for his personal benefit of nearly $12,000.

Not-for-Profit

Self-Dealing, Embezzlement, Employee Theft, Fraud & Abuse

Forensic accounting / investigation, in conjunction with local law enforcement, for diversion of funds, shell companies and personal use of credit cards. Provided expert witness testimony at criminal trial. Jury returned guilty verdict on all 11 counts, in less than 15 minutes. Co-conspirator pled guilty prior to trial.

Government /
Capital Murder

Computer / IT Forensics, Evidence Preservation, Capital Murder

Forensic data recovery and analysis of victim’s home computer, on behalf of defense counsel. Testimony considered and addressed prosecutorial misconduct, as well as the effect of failure to follow proper forensic and investigative procedure by law enforcement.

Products &
Manufacturing

Stakeholder Disputes / Calculation of Economic & Financial Damages

Forensic accounting / expert witness in shareholder dispute, for defense counsel of Fortune 100 industrial machinery manufacturer. Calculated rebuttal of financial damages related to joint venture to produce eco-friendly / integrated filtration devices.

Real Estate /
Development /
Construction

Stakeholder Disputes / Calculation of Economic & Financial Damages

Investigation and forensic accounting analysis of $14 million condominium development, involving diverted payments by general contractor and non-payment to sub-contractors.

Construction

Self-Dealing, Embezzlement, Employee Theft, Fraud & Abuse

Forensic accounting / expert witness for plaintiffs in shareholder dispute. Analysis revealed that opposing shareholder diverted at least $600,000 in company funds to construct his own personal residence, as well as conceal self-dealing from other shareholders.

Waste Hauling &
Disposal

Stakeholder Disputes / Calculation of Economic & Financial Damages

Calculation of diverted revenue and lost profits due to breach and non-performance of contract. Investigation included consideration of securities fraud, earnings management, circumvention of internal controls and misuse of shareholder investment and contributed capital, resulting in a damages award of more than $35 million.

Government

Process, Risk and Internal Controls

Expert witness testimony for defense counsel representing employees terminated as a result of internal auditing and reporting, which was performed in conflict with professional standards.

Transportation &
Logistics

Stakeholder Disputes / Calculation of Economic & Financial Damages

Investigation and forensic accounting analysis of fraudulent use of a multi-national Fortune 200 company retirement and pension program.

Real Estate /
Development

Stakeholder Disputes / Calculation of Economic & Financial Damages

Calculation of financial damages as a result of alleged fraudulent activity by employees of rental management company.

Products &
Manufacturing

Stakeholder Disputes / Calculation of Economic & Financial Damages

Analysis of Fortune 25 heavy equipment and construction business and economic factors in defense of claim of alleged financial damages.

Banking &
Finance

Mortgage Fraud

Cash flow analysis of funds usage by co-conspirators in sentencing phase of multi-million-dollar mortgage fraud scheme.

Government

Public Corruption, Self-Dealing, Bid Rigging & Kickbacks, Overspent Contracts

Forensic accounting investigation, in coordination with the Office of the District Attorney and Grand Jury, relating to depletion of a fund balance of more than $20 million, for a municipality with annual budget of $85 million. Identified transactions indicating potential corruption activity, including bribery, kickbacks, and bid rigging, as well as money laundering and ghost employees. Referred case findings to United States Attorney’s Office, which attracted interest from five federal agencies, to continue investigation at the Federal level.

Family Law,
Trusts &
Estates

Stakeholder Disputes / Calculation of Economic & Financial Damages

In connection with marital dissolution, performed forensic accounting and asset tracing through shell companies, depicted in complex and summary flowchart diagrams. Analysis resulted in multi-million-dollar favorable settlement for our client.

Hospitality &
Entertainment

Bankruptcy, Insolvency, Restructuring & Turnaround Services

Prepared forensic financial analysis and qualified as testifying expert (testimony not required) on behalf of the United States of America (Department of Justice, U.S. Attorney’s Office) in connection with bankruptcy fraud case and related investigation of asset concealment.

Family Law,
Estates &
Trusts

Stakeholder Disputes / Calculation of Economic & Financial Damages

Forensic accounting / counter expert for member of family trust / estate. Critique / rebuttal of plaintiff's financial expert's testimony.