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LITIGATION SUPPORT & FORENSIC ACCOUNTING CASE STUDIES
| Client: |
Senior Lenders
Agent and Three Primary Participants
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| Company: |
Paper Converter & Manufacturer |
| Revenue: |
$550,000,000 |
| Loan Size |
$150,000,000 |
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- Uncovered diversion of funds of approximately $29 million.
- Identified "bill and hold" invoices of $21 million.
- Discovered over-valuation of finished goods inventory of $30 million.
- Identified and quantified unprocessed credit memos of $8 million.
- Analyzed 53 bank accounts for preference payments, sources of deposits and other unusual transactions.
- Reconciled and verified borrowing base certificates provided by the Company to lenders.
- Established cash receipts projection system.
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| Client: |
Senior Lender
Eleven Participants
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| Company: |
Health & Beauty Aids, Fragrance & Pharmaceuticals Distributor |
| Revenue: |
$600,000,000 |
| Loan Size |
$200,000,000 |
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- Identified fraud totaling $1.2 billion and the various schemes to support this fraud.
- Provided evidentiary trail to the SEC, USPI, and the US Attorney resulting in arrest warrants of principals.
- Identified impact of fraud on lenders' reported collateral.
- Assisted counsel with the identification of "insiders" and "outsiders" who participated in the fraud.
- Together with counsel, correlated discovered fraud into audit deficiencies.
- Worked with counsel to develop various theories and related documentation to maximize recovery from insurance company and outside auditors.
- Helped counsel to draft complaints against the company's auditors.
- Participated in preparation for and deposition of auditors.
- Compiled underlying data and prepared insurance loss claim.
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| Client: |
Senior Lender
Agent Bank & Three Participants
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| Company: |
Food Manufacturer and Distributor |
| Revenue: |
$250,000,000 |
| Loan Size |
$50,000,000 |
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- Uncovered borrower's 10-year scheme to defraud $50 million from lenders.
- Identified $7 million of funds diverted to principals.
- Analyzed management's adjustment of $46 million of the total $58 million of accounts receivable and $12 million of
the total $26 million of inventory presented in borrower's borrowing base certificate.
- Assisted counsel in correlating discovered fraud into audit deficiencies related to financial statements provided to lenders.
- Together with counsel, drafted complaints against and prepared and participated in depositions of the company's auditors.
- Assisted counsel in winning the largest recovery in the case, a settlement adverse to the Company's auditors arising from the lender's
reliance on their negligent misrepresentations.
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| Client: |
Mezzanine Lender
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| Company: |
Manufacturer |
| Revenue: |
$30,000,000 |
| Loan Size |
$5,000,000 |
| Preferred Stock: |
$3,000,000 |
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- Discovered and documented fraudulent activities conducted by majority owner whereby approximately $4 million was redirected to another company owned by majority owner.
- Provided affidavits to the courts explaining our findings.
- Assisted counsel with the preparation of their case and cross-examination of witnesses.
- Provided expert testimony on behalf of the minority owner and lender.
- Court ruled in favor of minority owner and lender resulting in the payoff of loans, accrued interest, buyout of the minority equity plus a normal return on investment.
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| Client: |
Senior Lenders
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| Company: |
Computer Parts Distributor |
| Damages: |
$3,000,000 to $9,000,000 |
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- Provided expert testimony related to non-GAAP methods of revenue recognition used by defendant to defraud plaintiff.
- Provided expert testimony related to disclosures in defendant's financial statements that support contractual positions taken by plaintiff.
- Provided expert testimony related to costs capitalized by defendant that support consideration provided by plaintiff under term of contract.
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| Client: |
Senior Lender
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| Company: |
Electronic Components Manufacturer and Distributor |
| Revenue: |
$300,000,000 |
| Loan Size: |
$25,000,000 |
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- Discovered, documented and proved $20 million of fraudulent activities by borrower, including: check kiting, inventory and accounts receivable cycling with
collusive related parties, and iterative purchasing and selling of non-existent inventory.
- Identified $1 billion in fraudulent accounts receivable and related payments designed to defraud creditors to related parties of an aggregate $100 million.
- Provided comprehensive evidential packages and forensic analyses to counsel to prosecute claims against (1) the owners for fraud and (2) the debtor's auditors for negligent misrepresentation.
- Provided expert testimony for a State Superior Court lawsuit and for core Bankruptcy Court matters.
- Provided trial exhibits to counsel to graphically summarize and simply represent the complex forensic findings of an extensive investigation into fraud, concealment and misrepresentation.
- Established that the debtor was insolvent when it entered into a loan and security agreement with lender, more than a year prior to its bankruptcy petition.
- Undertook a liquidation analysis. Performed a physical inventory and prepared the debtor for liquidation by auction.
- Organized and supervised security and private investigation activities producing extensive ex parte evidence of fraud and other bad acts including
contemporaneous violations of Court orders, lawful stipulations and debt covenants.
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| Client: |
Senior Lender
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| Company: |
Textile and Clothing Importer |
| Revenue: |
$80,000,000 |
| Loan Size: |
$25,000,000
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- Uncovered methods used by owner to defraud lender of $20 million, including falsified Letters of Credit (L/C) purchases, sales and cash receipts.
- Located evidence to support claim against former lender.
- Discovered fraudulent inventory shipments and shipments at values inflated by at least 100% on borrowing base certificates.
- Developed evidentiary data and exposed auditing deficiencies to support claim against borrower's outside accountants for opinions on prior years' financial statements.
- Assisted counsel in drafting complaints against the company's auditors.
- Provided litigation support services in lawsuits against auditors.
- Advised counsel regarding other third-party claims.
- Provided evidentiary support for the rejection or cancellation of open L/C commitments.
- Assisted in collecting over $1 million of accounts receivable.
- Liquidated FF&E and closed borrower's premises.
- Inspected 3rd party warehouses and consolidated inventory to a neutral warehouse.
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