Category

Forensics

The Law Governing Admissibility of Expert Witness Testimony in Florida – It’s Back to Daubert! by Richard S. Fechter, JD, CFE, CAMS


Posted on June 03, 2019 by Richard Fechter

The Florida Supreme Court issued a per curiam opinion on May 23, 2019, reversing its decision seven months earlier in Delisle v. Crane, (Case No. SC16-2182) concerning Florida Statute Section 90.702 and the admissibility of expert witness testimony in the state. The court made a complete about face, rejecting the less rigorous Frye standard established […]

The Law Governing Admissibility of Expert Witness Testimony in Florida – It’s Frye Not Daubert! by Richard S. Fechter, JD, CAMS, CFE


Posted on December 05, 2018 by Richard Fechter

In a crucial 4-3 decision, the Florida Supreme Court in Delisle v. Crane, Case (No. SC16-2182) (Oct 15. 2018), clarified the law governing the admissibility of expert witness testimony in Florida, moving away from the strict Daubert standard used in federal courts to the less rigorous Frye standard. Previously, Florida trial courts that were unsure […]

12 Ways to Reduce the Increased Threat of Expense Report Fraud under Tax Reform by Richard A. Pollack, CPA


Posted on August 27, 2018 by Richard Pollack

Entertaining clients, referral sources and employees with tickets to sporting events, country club outings, fishing trips or other forms of business promotion are common business practices. No matter how significant these costs, businesses have had the reassurance that the IRS would permit them to deduct all or a portion of these meals and entertainment (M&E) […]

What Constitutes Best Evidence to Support Claims of Economic Damages? by Scott Bouchner, CMA, CVA, CFE, CIRA


Posted on June 11, 2018 by Scott Bouchner

Attorneys involved in economic damages cases understand that they have an obligation to prove lost profits with “reasonable certainty” based on their use of “best evidence.” However, the courts have not agreed on one universally accepted standard or criteria for what specifically constitutes best evidence; such decisions inevitably rely on the facts and circumstances of […]

Forensic Interview Techniques are Key to Uncovering Financial Crimes by Richard A. Pollack, CPA


Posted on June 08, 2017 by Richard Pollack

This article originally appeared in Daily Business Review.  Attorneys involved in forensic investigations are well-versed in the finer points of gathering information and conducting interviews that can uncover the truth from the most reluctant and guarded sources. Careful preparation and planning goes a long way toward building trust and rapport with interviewees, recognizing their verbal […]

Florida Bar Rejects Daubert Standard of Expert Testimony by Richard A. Pollack and Scott Bouchner


Posted on December 16, 2015 by Richard Pollack

  In December, the Florida Bar challenged the 2013 legislative adoption of the Daubert standard governing the admissibility of expert testimony in cases involving lost damages. In a vote of 33-9, the Florida Bar board of governors rejected the strict Daubert standard used by Federal courts and 27 states in favor of the Frye standard of expert testimony that was […]

Recognizing Fraud in the Construction Industry by Richard A. Pollack, CPA


Posted on April 17, 2015 by Richard Pollack

According to the Association of Certified Fraud Examiners’ (ACFE) 2014 Report to the Nations, fraud continues to plague the construction industry. Exacerbating the problem is a sector-wide failure to implement strong internal controls and reliable methods for detection, often due to the perceived expenses of such preventative measures. However, these expenses are, in reality, minor […]

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