Professional litigation support services and forensic accounting. Specialty areas include expert witness testimony; damages calculations and lost profits and lost revenues analysis; civil litigation and arbitration ; business valuation; business owners’ disputes; accounting malpractice; purchase value analysis; critique of other experts’ testimony, litigation, and valuation reports; taxation issues; fiduciary accounting; development of economic, financial and accounting analyses and models; financial statements analysis; business dissolution; marital dissolution; discovery assistance; and, breach of contract matters. Many industries represented including professional practices, services, real estate, accounting, insurance, manufacturing, and distributorships. Expertise in taxation and accounting for business entities including corporations, S corporations, limited liability companies, limited liability partnerships, partnerships and sole proprietorships. Certified Public Accountant, Certified Valuation Analyst, Accredited in Business Valuation, Certified in Financial Forensics
Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:A: • Certified Public Accountant (CPA), California State Board of Accountancy
• Accredited in Business Valuation (ABV), American Institute of Certified
Public Accountants
• Certified Valuation Analyst (CVA), National Association of Certified
Valuation Analysts
• Certified in Financial Forensics (CFF), American Institute of Certified
Public Accountants
• Orange County, California Chapter President and Treasurer on National Board, Forensic Expert
Witness Association
• Master’s Degree in Business Administration - Taxation (MBA-Taxation), Golden Gate University
• Member, California Society of Certified Public Accountants
• Member, American Institute of Certified Public Accountants
• Graduate Instructor, Golden Gate University Masters in Taxation Program
• American Institute of Certified Public Accountants Accredited in Business
Valuation, 2006
• National Association of Certified Valuation Analysts, Salt Lake City -
Certified Valuation Analyst in Business Valuation, 1995
• Advanced Business Valuation Courses (BV201, 202, 203, 204, & 206) and
completion of other required exams, sponsored by the American Society of
Appraisers, 1995 – 1996
• Golden Gate University – Los Angeles – Master in Business Administration
(Taxation), 1981 (Outstanding Graduate award)
• NASD Course and Completion of exams – Series 7 Certification
• California State University, Northridge – Bachelor of Science (Accounting),
1976 (Summa Cum Laude)
Q: Please list your affiliations or memberships in any professional and/or industry organizations:
A: Member, California Society of Certified Public Accountants
Member, American Institute of Certified Public Accountants
Member, Forensic Expert Witness Association
Q: Please list any teaching or speaking experience you have had, including subject matter:
A: “Damages Due To Lost Profits”, Forensic Expert Witness Association, March 2008. Quoted in “More Bang For Your Buck”, Entrepreneur.com, February 2002; Quoted in “Planning For The Future, Dealing With The Present”, Small Business Computing, January 2002; Quoted in “How To Understand Tax Forms”, [Work+Money], July 2001; Quoted in “Coming Down?”, Entrepreneur, April 2001; Quoted in “What Are You Worth?”, Health & Fitness, January/February 2001; Quoted in “The New Gold Standard”, On Wall Street, October 2000; “Don’t Write That Check”, Entrepreneur, April 2000; “Verdicts & Settlements”, Los Angeles Daily Journal, September 1999; "Beyond Price”, Los Angeles Daily Journal, August 1999, “Effective Valuation & Litigation Support in Corporate Securities Lawsuits”, Orange County Business Journal, February 24, 1997; Quoted: Orange County Business Journal; “Litigation Support Services: How Can Accountants Help?” Orange County Lawyer, September, 1994; “Strategies For Law Firms: 4 Pillars,” Orange County Business Journal, February, 1993; “Is Your Partnership Compensation Agreement From Outer Space?” Orange County Lawyer, October, 1992; “Marital Dissolutions–Analyze S Corporations Carefully”, Los Angeles Bar Association Journal, 1992
Q: Have any of your accreditations ever been investigated, suspended or removed? (if yes, explain)
A: No
Q: On how many occasions have you been retained as an expert?
A: Approximately 50
Q: For what area(s) of expertise have you been retained as an expert?
A: Damage analysis – lost profits; misrepresentation
Manufacturer of body products – defense of ownership claim
Verify accounting data
Damages re future profits calculations for manufacturing start-up
Insurance agency fraud/dissolution
Insurance medical claim
Hospital – damages calculation
Medical – damages calculation
Real estate - residential project
Review of accountant’s testimony
Minority shareholder valuation – trucking
Medical business valuation
Timeshare developer – review experts’ reports
Workers compensation – furniture manufacturing valuation and business damages
Telecommunications – damages - breach of contract
Disability insurance – damage calculations
Insurance – valuation calculations medical disability
Insurance – review opposing expert’s damages report
Insurance – development of extensive programs summarizing legal fees and costs
spent; access information assisting litigating reimbursement from malpractice
carriers
Oil and gas - critique opposing expert’s damages
Critique expert’s valuation of medical practice
Court-reporting business ownership issues
Medical imaging & radiology, evaluation of employment contract and dissolution
terms
Start-up business disagreements; partner dissolution
Reconstruct net worth and use of funds
Damages re fraudulent taking ownership of manufacturing subsidiary
Breach of purchase contract; damages calculation
Damage calculation re temporary labor contracts
Damages re real estate projects and net cash flow
Forensic audit re alleged embezzlement
Divorce – calculation of malpractice damages against attorney
Contract issues – definition of accounting terms
Claim for portion of assets – forensic investigation of accounting records
Business overhead insurance claim – definition of accounting terms and analysis of
records
Q: In what percentage of your cases were you retained by the plaintiff?
A: Approximately 50%
Q: In what percentage of your cases were you retained by the defendant?
A: Approximately 50%
Q: On how many occasions have you had your deposition taken?
A: Approximately 20
Q: When was the last time you had your deposition taken?
A: 2008
Q: On how many occasions have you testified as an expert in court or before an arbitrator?
A: 11
Q: For how many years have you worked with the legal industry as an expert?
A: Approximately 20
Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Litigation support services and business valuations; other engagements regarding specific consulting matters, including tax planning, implementation, and returns preparation; mergers & acquisitions; management decision-making and organization structure; financial planning including investment and pension considerations; and, financial and managerial counseling for owners; facilitates ownership criteria for partners. Consults in cases involving definition of accounting terms and valuation of acquisition targets.
Q: What is your hourly rate to consult with an attorney?
A: $375
Q: What is your hourly rate to review documents?
A: $275
Q: What is your hourly rate to provide deposition testimony?
A: $375
Q: What is your hourly rate to provide testimony at trial?
A: $375
Q: Please list any fees other than those stated above (E.g.: travel expenses, copy fees, etc.)
A: Staff billing rates. Travel expenses at hourly rate. Copy fees, computer processing fees, postage and delivery at cost.
References
Daniel L. Rasmussen Esq.PAYNE & FEARS LLP Attorneys At Law
4 Park Plaza, Suite 1100
Irvine, CA 92614
+1 (949) 851-1100
DLR@paynefears.com
Mark S. Himmelstein Esq.
Neumeyer & Dillion Llp
895 Dove Street, Fifth Floor
Newport Beach, CA 92660
(949) 854-7000
mark.himmelstein@ndlf.com
