berkowitz pollack brant advisors and accountants

Forensic Accounting and Litigation Support

Our inter-disciplinary practice includes certified public accountants, certified fraud examiners, certified financial forensic specialists, finance and valuation professionals, certified anti-money laundering specialists, certified insolvency and restructuring advisors and computer forensic professionals.

We provide economic damages analysis, business valuations and accounting investigations for expert testimony in commercial disputes and corporate and fraud investigations.

In cases of corporate fraud, misdealing and acts of wrongdoing in which financial records have been altered to conceal a crime, forensic accounting is a valuable tool to reconstruct documents. Our team of professionals has experience exposing the truth.

  • Accounting recreation
  • Asset comingling
  • Asset diversion
  • Check kiting and cash schemes
  • Corporate veil
  • Embezzlement
  • Financial statement fraud
  • Investor fraud
  • Related-party transactions
  • Revenue recognition
  • Trust and estate accounting
  • Unauthorized transactions

Bankruptcy and Reorganization

BPB’s bankruptcy and reorganization services have been retained by receivers, examiners, credit committees and debtors in Chapter 7 and 11 cases in a wide range of industries and jurisdictions.

  • Asset recovery
  • Business operations
  • Business valuation
  • Cash flow analysis
  • Claims analysis
  • Financial reporting and schedules
  • Liquidation analysis
  • Plan feasibility analysis
  • Preference and fraudulent transfer analysis
  • Substantive consolidation

Corporate and Government Investigations

Working with federal and state agencies, legal counsel, audit committees, boards of directors, inside general counsel, chief financial officers and other interested parties, our experienced investigators provide research, due diligence and investigations for instances of regulator and law enforcement actions, shareholder actions and internal investigations.

  • Audit committee investigations
  • Bank Secrecy Act investigations
  • Director and officer misconduct
  • Ethics policy compliance
  • Embezzlement schemes
  • Foreign Corrupt Practices Act (FCPA) compliance
  • Internal financial reporting
  • Misappropriation of funds, self-dealing and spending investigations
  • Procurement schemes and unauthorized transactions
  • Public financial reporting issues
  • SEC inquiry and investigations
  • Securities class actions
  • Whistleblower investigations

Family Law Forensics

Our Family Law Forensics practice provides the technical expertise and specialized experience required to simplify complex financial information prior to, during and after divorce.  With a keen understanding of both the legal and financial intricacies of these matters, we are able to partner with attorneys and apply our tax, accounting and audit skills to help them uncover hidden facts, value assets, develop case strategy and provide credible and reliable expert testimony at mediations, hearings and trials.  In all that we do, we focus on the issues that are of importance to our clients and strive to achieve the outcomes that enable them to move on with a realistic expectation of what lies ahead in their next phases of life.

Our Family Law Forensics services include:

  •  Consulting on prenuptial and postnuptial agreements
  • Evaluating marital and non-marital assets and their appreciated value
  • Assessing income, including in-kind benefits; deferred income, such as alternative compensation arrangements; cash flow; and disposable income
  • Analyzing lifestyle and income needs
  • Valuing complex businesses, professional practices and closely held companies with personal and family ownership interests
  • Computing spousal and child support scenarios
  • Tracing assets and identifying undisclosed sources of income
  • Evaluating tax liabilities and tax implications of financial scenarios
  • Preparing financial affidavits; deposition questions; responses to Mandatory Disclosure, Requests for Production and interrogatories; trial binders and exhibits
  • Assisting with post-judgment budgeting and division of assets

Foreign Corrupt Practices Act (FCPA) Investigations

Multi-national companies with subsidiaries or agents who have control over purchasing or acquisition of goods and services must be proactive to properly comply with the Foreign Corrupt Practices Act (FCPA). Non-compliance with the FCPA can result in criminal charges, fines and penalties, reputational harm and civil liabilities.

Our firm works with attorneys and government agencies on investigations of the implementation of FCPA internal controls, FCPA policy development and kickback schemes. Our team has experience in handling global due diligence investigations related to whistleblowers and governmental enforcement actions. This often means working quickly and quietly behind the scenes, analyzing massive amounts of data and creating policies and procedures that will protect companies and prevent future FCPA concerns.

FCPA actions are often a company’s worst moment, and we work discretely with internal compliance professionals, general counsel and outside attorneys to create policies to mitigate risk and lessen the potential impact of reputational risk. We have trained forensic accountants that combine their accounting knowledge with investigative skills, using this unique combination in litigation support and investigative accounting settings. We also help implement remedial action plans and go-forward compliance programs following investigations.

Our global investigations group has in-country experience in Latin America and Europe, where we have conducted risk assessments, due diligence, court-ordered and internal inquiries into corporate transactions, procurement schemes and other episodes of misdealing. Our work often leads to detailed compliance reports, development and implementation of effective internal controls and policies that protect the company.

Litigation Support

Litigation support can take many forms but boils down to assisting attorneys in the development and presentation of complex litigation. Our team’s combined business and technical skills enable them to analyze significant amounts of data in preparation for expert testimony in court and alternative dispute resolution venues.

  • Interdisciplinary teams come together to provide a wide range of services.
  • Arbitration, mediation and alternative dispute resolution
  • Business valuation
  • Bankruptcy and reorganization for debtors, creditors and trustees
  • Construction claims
  • Contract disputes
  • Discovery management
  • Economic damage analysis
  • Eminent domain litigation
  • Expert witness testimony
  • Fiduciary litigation
  • Financial modeling
  • Forensic accounting and investigative accounting
  • Governmental forensic accounting and investigations
  • Insurance claim disputes
  • Intellectual property litigation
  • International dispute resolution
  • Labor and employment litigation
  • Lost profits and economic damage assessment
  • Mergers and acquisitions disputes
  • Matrimonial disputes
  • Media and entertainment litigation
  • Mediation and settlement support
  • Partnership disputes
  • Post-acquisition disputes
  • Product liability litigation
  • Securities litigation
  • Shareholder lawsuits
  • Wrongful termination and discrimination disputes

 

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