Jeffery Porter, CPA - Forensic Accounting Specialist

Theory of damages Fraud and Embezzlement

Damages ReportFraud and embezzlement claims arise out of a great variety of circumstances. Some of the cases I have dealt with have involved fraudulent investments, theft by employees, forged checks, unauthorized transfers of funds, and unauthorized use of credit cards and/or cash.

Regardless of the circumstances, it is crucial to have an engaged and experienced forensic accountant on your team.

These recent cases illustrate the diversity of circumstances under which fraud and embezzlement can occur.

 

An example of a recent case involving embezzlement:

My client, the plaintiff, was the victim of a substantial embezzlement, by an employee, that left the company financially devastated. Early in the investigation, certain facts were identified supporting the view that the defendant, despite his and his legal counsel’s claims to the contrary, contributed to the loss by failing to exercise a reasonable standard of care. Every aspect of each transaction was then analyzed. As a member of the team, I worked closely with legal counsel, preparing questions for and attending the defendant’s employee’s depositions. As the case progressed, I carried out a thorough investigation, which brought to light compelling data, showing that the defendant had, indeed, failed to exercise reasonable care. Ultimately, my client was awarded a judgement in excess of $1 million.

 

An example of a recent case involving fraud and embezzlement:

In this case, the plaintiff, accused my client of fraud and asked for over $1 million in damages. Furthermore, if the plaintiff had been successful, my client would also have been barred from working in his profession. A thorough examination of the evidence and command of the facts allowed me to help the client’s legal counsel prepare for and conduct a devastating cross examination of the opposing expert. It is worthwhile to mention that the facts and data presented were so damaging to the plaintiff’s case and team that they chose to withdraw their expert’s report. My testimony was cited by the jury as the turning point in the trial and the most crucial factor in their decision to find against the plaintiff.

As an experienced forensic accountant, I stress the importance of my involvement in gathering and analyzing all data relevant to your case at the earliest possible time. The knowledge gained is crucial to the team’s rapid development of defensive or offensive strategies to protect your interests and to achieve a desirable result as promptly, and therefore as effectively and economically as possible.

 

I would be pleased to discuss your concerns with you to establish your best course of action, as far as financial matters are concerned.