The consultants in Anchin’s Litigation, Forensic and Valuation Services Group possess the experience and credentials recognized by attorneys, businesspeople and the courts to act as experts to help them make informed decisions. The group’s depth, extensive intellectual capital base and state-of-the-art technology are strategically utilized to create effective and efficient solutions to dispute resolution matters.
Litigation Support Services
In litigation, your positions are only as strong as your ability to support and present them. As experts, we are thoroughly prepared to support your position with knowledgeable, credible and objective analysis. We are able to present complex data in ways that our clients, judges, jurors, arbitrators and mediators can comprehend. The result? Helping you build and prove stronger cases.
- Contract disputes
- Disputed construction and contractor claims
- Document management
- Expert witness
- Lost profit and damage calculations
- Lost value
- Matrimonial matters and disputes
- Surety claims
Forensic Accounting Services
It’s all in the detail. As forensic accountants, our professionals utilize all of their accounting, auditing, computer, and investigative skills when conducting forensic analysis or an investigation. Equally critical is our ability to immediately understand complex transactions and to communicate financial information clearly and concisely. Our professionals are dedicated to dig deeper and deeper into the detail, knowing that’s where the answers lie.
- Accounting and auditing malpractice
- Bank fraud
- Bankruptcy and insolvency
- Business failures
- Criminal investigations
- Forensic insolvency and bankruptcy
- Fraudulent transfer of funds
- Internal investigations
- Tax fraud and non-filing taxpayers
- Tracing assets
- Trusts and estates
We employ the use of state-or-the-art technologies and best practice analytical and investigative techniques to identify, collect, examine and preserve evidence/information which is magnetically stored or encoded.
- Secure the subject system (from tampering during the operation)
- Acquire a copy of hard drive (if applicable)
- Identify and recover all files (including those deleted)
- Access/copy hidden, protected and temporary files
- Study 'special' areas on the drive (eg: residue from previously deleted files)
- Investigate data/settings from installed applications/programs
- Assess the system as a whole, including its structure
- Consider general factors relating to the users activity
- Create detailed report
Business Valuation Services
Valuation services are critical to those who must rely on the value of a business to make informed decisions. Valuation services become even more critical when there is no active market that provides a quoted market price for a business or investment. Anchin’s valuations are an excellent management tool which can be used to maximize shareholders’ value and generate benefits.
Anchin professionals use a variety of tools in determining valuations, including the use of databases, extensive research, and financial theory. In addition, our forensic backgrounds are invaluable when scrutinizing the underlying numbers and assumptions. This can have a significant effect on valuations. Our valuations are prepared by experienced, credentialed valuation professionals to avoid the inaccurate conclusions of applying generic industry “rules of thumb.” An objective and credible valuation will always reduce questions and ambiguity and help minimize exposure to litigation and dispute resolution.
- Dispute resolution
- Dissolution and solvency matters
- Employee stock option plans
- Exit strategies
- Insurance-related matters
- Internal management analysis
- Matrimonial matters and disputes
- Mergers and acquisitions
- Shareholder buy-sell agreements and disputes
- Trusts and estates
Anchin’s forensic accounting and financial investigative specialists work to convey complicated issues in a manner that others can easily understand. Our specialists have worked with various entities, including banks, insurance companies, private entities and governmental entities such as the Attorney General of New York, New York City Corporate Counsel’s Office, Department of Investigations (DOI) and the Internal Revenue Service (IRS). A sample of Anchin’s litigation and forensic experience includes the following:
- Retained by major insurance companies to trace hundreds of millions of dollars of fraudulent insurance claims through layers of corporate ownership.
- Retained by beneficiaries and executors of estates and trust to determine the appropriateness and validity of expenditures made by administrators, other executors and attorneys.
- Retained by trustee of a litigation trust to review the legal fees from attorneys.
- Retained in numerous matrimonial matters to trace funds, analyze cash flow, and perform valuations.
- Retained by a special master to investigate organized crime involvement in a bankruptcy proceeding of heating oil distributor.
- Retained by an international bank to audit the books and records of various real estate customers in default of loans to identify inappropriate and prohibited transactions made for the benefit of the principals. Amounts uncovered were used to create pressure to create settlements on each of the engagements retained.
- Retained by sureties to evaluate the costs to complete incurred in connection with performance bonds.
- Retained by an international bank to review controls and identify prohibited transactions of a Bank Officer suspected of fraud.
- Successfully found all prohibited transactions leading to criminal referral.
- Approval by the New York City Department of Investigations to monitor Bovis’ clean-up costs of the World Trade Center after the terrorist attacks of 9/11.
- Monitored the breakup of the Gambino family’s trucking enterprise in the apparel industry after they were forced to sell off their trucking routes. Monitored the selection process of the successor businesses and their accounting records for a period subsequent to the breakup.
- Investigated wrongdoings, improper spending and conflicts of interest and defalcations in the housing department of a major university and other for-profit organizations.
- Retained by one of the world’s largest international banks to be part of a team that took over and investigated customers that had defaulted on their loan obligations. Worked to create an investigative plan to uncover irregularities and work their implementation. Irregularities involved domestic and foreign operations of major film production and distribution companies. Strategies involved establishing extensive databases and using them to trace and analyze irregularities. Some of these engagements lead to the appointment of Trustees.
- Retained by a major international trading company to investigate its investments in Turkish Mining Companies and the subsequent sale of the businesses to determine if there was fraud in the financial reporting obtained in each of the transactions. Findings lead to a successful settlement of the litigation.
- Handled the audit of companies being investigated by taxing authorities for the purpose of determining the extent of any misstatements in tax returns filed.
- Tracing of hundreds of millions of dollars in a kiting scheme in a mortgage company designed to defraud major New York banks and Fannie Mae.
- Retained by the New York State Department of Education to review and analyze the audit workpapers of the Roslyn School District auditors for audit deficiencies who were subject to a disciplinary proceeding.
- Retained by the Attorney General of New York to help recover funds in a fraud perpetrated on a not for profit organization.
- Retained by manufacturing and retailing companies to calculate lost profits and lost value in litigations.
- Retained in litigation involving the break-up of a major real estate organization to defend against claims of wrongdoing: self-dealing on the part of certain partners.
The Anchin Touch
Anchin’s consultants are recognized as experts in federal, New York State and many other state courts for a number of reasons:
- We have already been recognized by these courts to testify.
- We possess all the credentials that you would expect from a well seasoned consulting team. Members of our team hold these certifications and/or degrees: CPA, ABV, CVA, CFE, JD, MBA, CIRA (Certified Insolvency and Restructuring Advisor) , and PhD.
- We come prepared to state our case and to provide the documentation to support it in a very credible manner.
- We use state-of-the-art techniques recognized by the courts to uncover detail that is relevant to our clients, including statistical methodologies, computer forensics, e-discovery, and data mining. We leave no stone unturned on behalf of our clients.
- Our team includes a broad range of consultants with abilities that can meet the needs of most engagements. In addition to our full-time consulting staff, we maintain an active network of outside professionals to draw upon when their very particular expertise is required.
- ACFE Report to the Nations 2018June 15, 2018
The Association of Certified Fraud Examiners (“ACFE”) recently published the Report to the Nations 2018 Global Study on Occupational Fraud and Abuse (the 2018 “Report to the Nations” or “2018 Report”), its tenth publication since 1996. For the past 20 years, the ACFE has reviewed thousands of cases of occupational fraud in which insiders stole billions of dollars from their employers.
- Did the Tax Cuts and Jobs Act of 2017 Increase the Value of Equity Interests?May 22, 2018
At first glance, a business or equity owner might conclude that the Tax Cuts and Jobs Act of 2017 (the “Act”) increased the value of equity interests by 20% upon its signing by the President. By cutting corporate level taxes, the value of any business would, on the surface, immediately rise. However, the answer is not so straightforward.
- Causation Expert PrecludedApril 3, 2018
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group are often called upon to serve as expert witnesses to testify in regards to damages resulting from a liability that caused the damage. Without the causation being proved, damages would not be awarded to the plaintiff.
- Anchin LFVS BriefingMarch 12, 2018
The Litigation, Forensic and Valuation Services Group of Anchin, Block & Anchin is often retained by counsel to help compute or refute damages allegedly caused by a negligent act or breach of duty. However, in order for there to be damages, the plaintiff must demonstrate that there was a proximate cause between the alleged negligence and the alleged damages.
- Raymond Dragon at the American Society of Appraiser’s Northern New Jersey Business Valuation ConferenceFebruary 23, 2018
Raymond Dragon MBA, MS, CPVA, ASA presented at the American Society of Appraiser’s Northern New Jersey Business Valuation Conference: “The provisions of the Tax Cuts and Jobs Act affect the valuation of every company in America. The new law impacts valuation differently by industry; many companies will see increases in value, but certain industries will see declines. Choosing between a C-Corp, S-Corp or LLC has become more complex.”
- Claim Dismissed Due to Lack of Determined ExpertiseFebruary 20, 2018
It is extremely important that the testifying expert is a technical expert in the field in which he or she is testifying with demonstrated work history.
- Arbitral Award Upheld Except for Post-Judgment InterestJanuary 5, 2018
Members of Anchin Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators in commercial disputes. Sometimes, the claimant in a case will ask for pre-award and/or post-judgment interest in addition to the principal amount of its claim. The arbitrator has to determine if such interest should be awarded and, if so, at what interest rate.
- Summary Judgement Denied on Warranty Breach Claim Where Expert Opinion Raised Factual DisputeOctober 11, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group are often called upon to serve as expert witnesses. As demonstrated in a case recently reported in the New York Law Journal, a testifying expert’s qualifications are extremely important as they go to the credibility of the witness’ testimony and cans sometimes have far reaching effects even before a trial begins.
- Arbitration Panel Did Not Exceed AuthoritySeptember 14, 2017
It is very difficult to have an arbitrator’s decision and award vacated. There are only a few circumstances in which a court will vacate an arbitrator’s decision and award. One of those circumstances is when the arbitrator or the arbitration panel exceeds authority.
- Suit Over Breach of Contract Stayed Pending ArbitrationAugust 3, 2017
When entering into a contract that contains a provision that requires arbitration for the resolution of disputes, the involved parties have, in fact, chosen to utilize an alternative dispute resolution to resolve conflicts instead of courtroom litigation. However, courts are supportive of arbitration as a means for resolving disputes and try, wherever possible, to uphold arbitration agreements.
- Arbitrator’s Award Over Gas Sensors Sold During ‘Earn Out’ Period ConfirmedJuly 6, 2017
Although arbitration awards can be challenged in court, these awards will only be overturned by the court in rare and limited cases. Courts will vacate or refuse to confirm an arbitration award if the award is the product of fraud, corruption, or serious misconduct by the arbitrator.
- Court Denies Plaintiff’s Motion to Set Aside Jury VerdictMay 30, 2017
Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group is often retained to determine damages in cases involving a breach of contract, a business interruption, a personal injury, a wrongful termination, a wrongful death, or other cases where damages are incurred by one party as a result of the actions of another party.
- Staying Cyber Safe While Traveling Outside of Your NetworkApril 28, 2017
A guide for understanding criminal infiltration tactics, including methods to avoid potential breaches to help achieve safe, secure device usage
- Arbitration Compelled After Parties Did Not Try to Arbitrate in Good FaithApril 14, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators. Alternative dispute resolution is an increasingly popular alternative to traditional litigation. Courts are very reluctant to allow parties to an agreement to litigate if an agreement between the parties requires that disputes be arbitrated.
- Husband Fails to Show Circumstance Change and Downward Modification of Support DeniedApril 4, 2017
Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group is often retained to assist attorneys who are handling matrimonial and family law matters that involve financial considerations. At times, counsel requires our assistance in arguing against one spouse’s attempt to have a downward modification in maintenance and/or child support.
- Petition to Vacate Arbitration Award DismissedMarch 16, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators. Alternative dispute resolution is an increasingly popular alternative to traditional litigation. Although the courts may be asked to review the validity an arbitrator’s award, unless there are unusual and extenuating circumstance, they will rarely overturn such awards.
- Conflicting Expert Opinions Preclude Summary Judgment DismissalMarch 7, 2017
Frequently, as part of our litigation, forensic and valuation services practice, we are called upon to issue expert reports. As can be imagined, it is common that the opinions expressed in the expert reports for each side are very different (reasonable professionals can disagree, right?). However, it is interesting to consider how much of an impact those different opinions can have on the case process.
- Defendant’s Participation in Litigation Waives Right to Compel ArbitrationFebruary 16, 2017
In our litigation, forensic and valuation services practice, we are often involved in cases where there is a question of whether or not an arbitration provision in an agreement can be enforced.
- Arbitration Panel’s Award Determined to be a Reasoned AwardFebruary 8, 2017
When a member of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group serves as an arbitrator, one of the things he or she needs to consider is whether his or her decision should be contained in a simple award or in a reasoned award; if the latter, how much detail needs to be included in the reasoned award.
- Prejudgment Interest Computed from Date of Damages Verdict, Not From Date of Liability StipulationJanuary 3, 2017
The litigation consultants and forensic accountants in Anchin’s Litigation, Forensic and Valuation Services Group are often confronted with the calculation of prejudgment interest. When dealing with the issue of prejudgment interest, a critical question that must be answered is from what date is the prejudgment interest computed.
- New York Law Journal Webinar: Estate & Gift Tax Planning Techniques September 16, 2013
Webinar by Stephen M. Breitstone, Esq. of Meltzer Lippe
- Retaining a Business Valuation Expert
For many attorneys, telling their clients to retain a business valuation (“BV”) expert is an everyday type of event. Estate and gift tax attorneys need credible valuations for gift tax filings, setting up trusts, and other estate planning strategies. For other attorneys, retaining a business valuation expert is only common in certain cases, such as the marital law attorney involved in the divorce of a business owner.
- Calculating Lost Profits in Commercial Litigation
Lost profits (or lost earnings) are economic damages suffered by a plaintiff as the result of a defendant’s harmful act. Economic damages are measured as the earnings the plaintiff would have received had the harmful event not occurred less the earnings the plaintiff actually received or will receive after the harmful act.
- Hiring a Forensic Accounting or Business Valuation Expert: What You Need to Know
The following guidance is intended to provide some clarity in evaluating an expert’s credentials and how they may fit in with a particular area of expertise an attorney requires for a particular matter.
- Occupational Fraud: How to Protect Your BusinessJanuary 1, 2014
In order for businesses to operate effectively, ownership and management must place trust in their employees. Unfortunately, there will always be some employees who exploit
- Reasons Why Internal Controls FailJune 6, 2017
Why do internal controls fail? Anthony Bracco, Partner and Practice Leader of Anchin's Litigation, Forensic and Valuation Services Group, discusses recommendations for identifying and correcting weaknesses in organizations.
- 5 Things To Keep In Mind About CybersecurityJune 6, 2017
Anthony Bracco, Partner and Practice Leader of Anchin's Litigation, Forensic and Valuation Services Group, offers the top 5 things to think about when developing a cybersecurity strategy to protect a business' assets.