Académique Documents
Professionnel Documents
Culture Documents
Educational Event
Portland, OR May 5, 2009
Darrell D. Dorrell, CPA/ABV, MBA, ASA, CVA, CMA, DABFA financialforensics www.financialforensics.com
financialforensics
Our mission statement:
$400 mm for-profit: alter-ego/fraudulent conveyance - $20 million $100 mm for-profit: purchasing agent embezzlement $14 mm for-profit: controller embezzlement - $5.5 million $10 mm city: Finance Director embezzlement - $1.4 million $7 mm for-profit: CFO embezzlement $2 mm non-profit: controller embezzlement - $140,000 $1 mm for-profit: office manager embezzlement Dental practice: wife embezzlement - $70,000 Auto repair shop: owner embezzlement - $1,500 Law & Order TV series technical advice Large Police Bureau Financial Crimes
Fraud
Internal Audit
Benchmarking against subject, peers? Normalizations; (do you analyze before & after?) Do you normalize with journal entries? Earnings projections/estimations - feasible?
Tested against cash generated?
Economic benefit stream reliability? Discount/capitalization rate development? Management assessment/performance? Facilities and operations walkthrough? Guideline company comparison/selection?
Market transactions statistical fit
Big 4 valuation used upside projections including EBITDA adjustments deemed to be irregular, including growth, cash flow and managements established reserves; total adjustments increased EBITDA by 40% Court: Although valuations are subjective, (sic) there are proper and improper methods of performing a valuation. [Big 4 firm] took aggressive and optimistic views regarding the valuation and strength of the Debtors. Therefore, we do not find that the [Big 4 firm] valuation is an accurate reflection of the Debtors value.
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Debtors expert:
Court reached its own conclusion after adjusting experts results per manipulation
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Court found:
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At trial Mood presented no direct expert testimony on first claim, using instead:
Jury awarded $1.1 million; judge vacated for a take nothing verdict Mood appealed; Kronos defended and Appeals Court agreed:
Kronos gross sales to one customer insufficient evidence of lost profits; did not show same product/volume/price Gross sales estimate was based on hypothetical statement by counsel at trial, i.e. no evidence of actual sales Moods claim of 20% gross margin (and 80% of overall sales from one product) lacked sufficient factual basis Moods expert relied on history for 10 year projection & did not differentiate between direct and consequential Expert failed to address loss of goodwill and/or going concern value resulting from the breach
Court commented:
Put another way, [the experts] analysis did not specifically address the economic impact of the summary termination of the distributorship agreement.
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Contractor used economics professor for damages Professor apparently did not consider actual contracts company awarded contractor Professors other problems included:
Court commented:
based his opinion of lost future profits on past performance only when it benefitted [the contractor. In other words, [the expert] provides no evidence of specific lost sales.., Thus, he did not supply one complete calculation, but provided computations based on different methods of calculation.
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www.BlackBookOnLine.Info
www.BlackBookOnLine.Info
www.veromi.net
www.veromi.net
www.statsoft.com
Statistics hacks
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http://www.fincen.gov
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Deposition Matrix
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3. Accelerate (throughout)
Value Examiner
2008 Update: Marketability Discounts - A Comprehensive Analysis
Styleometry ICE/SCORE
Link Analysis
Articulated Cash Flow Dechow-Dichev Techniques Timeline Analysis IRS Formal Indirect Methods A(5)
Cash-T (Modified) Net Worth Bank Deposits & Cash Expenditures Markup Unit & Volume
Expectations Attributes Gap Detection www.BlackBookOnLine.Info Proof-of-Cash Deposition Matrix Entity(s) Chart Lev-Thiagarajan Techniques Damages Report Card Digital Analysis CATA/CRO MSSP
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What Is A Methodology?
Basic Example for the Cops
ICE
C Control
Bank Statements
I Internal
PBC Financials Operating Reports
E External
Tax Returns Attest Reports
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SCORE
Flow of $ and/or Units Stakeholder S Suppliers C Customers O Owners
Investors/Lenders
In U $ $
n/a
Out $ U $ $ $
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R Regulators E Employees
What Is A Methodology?
Forensic Accounting Example
Trial Preparation
Assignment Development
Scoping
Data Collection
Confidential Informants
Laboratory Analysis
Analysis of Transactions
PostAssignment
Background Research
Undercover
Purpose of Stage
Identify parties to the case Correlate the matters of law Confirm technical capabilities