Our Litigation Consulting Services Team is sought after by counsel in commercial disputes or financial fraud cases in civil courts, criminal courts and in domestic or international arbitration to provide litigation consulting and expert witness services.

Our advisors are recognized for our technical experience and courtroom credibility in communicating our independent opinions to a court or a jury.

MBAF offers credentialed knowledge and expertise.

We bring over fifty years of cumulative professional experience in providing litigation consulting services. We have cumulatively testified or provided litigation consulting services in over one thousand cases. We are credentialed in financial forensics, insolvency and restructuring, fraud detection, business valuation, taxation, information technology, and are registered with the Public Company Accounting Oversight Board. Our advisors have been designated as qualified and independent experts in civil and criminal cases in state and federal courts. We also have expertise in testifying in front of international arbitration panels and grand juries.

Offers insight and thoroughness when analyzing a particular case.

Whether for the plaintiff or defense, we apply a thoughtful and professionally cynical approach in evaluating the elements of a case. Use of e-discovery techniques, demonstrative aids, financial valuation models or other forensic tools are applied by our advisors, as required, to analyze a matter.
 

We are staffed as tailored to the needs of the case. We have established relationships with university finance and economics professors that can provide consulting or expert services depending on the facts of the case. We view a case from its various components and identify the relevant considerations that will be required for proof of factual allegations, expert opinions, and economic damages or to provide expert witness rebuttal.

Provides complex forensic accounting services in a variety of industries.

We are able to provide complex financial forensic assistance needed in highly contested cases involving forensic accounting issues such as economic damages, anti-money laundering, white collar crime, bankruptcy and insolvency, valuation, tax fraud, wrongful death claims and computer forensics. Our expertise spans over several industries involving domestic and international clients, including:
 
  • Advertising and Public Relations
  • Automotive Dealerships
  • Financial Institutions
  • Co-Ops and Condominiums
  • Healthcare
  • Hospitality
  • Manufacturing
  • Non-Profit Organizations
  • Professional Services Firms
  • Sports and Entertainment
  • Real Estate and Construction
  • Retail
  • Securities
  • Technology and Internet
  • Telecommunications
  • Wholesale and Distribution

Bilingual capabilities in litigation consulting or expert witness services.

Our experience in dealing with international clients makes us comfortable in providing litigation consulting or expert witness testimony services in Spanish. We have international experience in providing forensic accounting services.
 
Provides a comprehensive litigation service offering. Our services include:
 

Forensic Accounting and Investigation, including Record Reconstruction

  • Anti-Money Laundering
  • Asset or Cash Tracing
  • Bankruptcy, Insolvency and Restructuring
  • Breach of Contract Disputes
  • Business Interruption Business Valuation
  • Economic Dispute Analysis
  • Eminent Domain
  • Financial Record Reconstruction
  • Foreign Corrupt Practice Act Investigations
  • Fraud Investigations and Internal Investigations
  • Internal Controls Evaluations
  • Internal Investigations
  • Lost Earnings
  • Personal Injury
  • Professional Malpractice
  • RICO Cases
  • Shareholder or Partnership Disputes or Dissolution
  • Tax Fraud
  • White Collar Crime – Securities Act Violations and Ponzi Schemes
  • Wrongful Death Claims
  • Wrongful Termination
 

Computer Forensics and E-Discovery

  • Data Recovery
  • Data Production
  • Data Analysis
 

Litigation Consulting

  • Analyze Weaknesses in Opposing Expert Opinions and Reports
  • Compute Economic Damages
  • Compute Loss Computations for Federal Sentencing Guidelines
  • Conduct Witness Interviews
  • Design, Produce or Analyze E-Discovery
  • Develop Or Analyze Litigation Themes
  • Develop Strategy
  • Organize or Review Discovery
  • Participate as Member of Daily Trial Team
  • Participate in Settlement Negotiations
  • Prepare Demonstrative Evidence
  • Prepare, Review, and Provide Feedback on Depositions
  • Prove Business Facts
 

Expert and Rebuttal Witness Testimony

 

Sample Case Summaries

Our MBAF professionals have been involved in the following types of cases:
 

Economic Losses

MBAF has served as an expert or consulting witness in numerous economic loss cases, including breach of contract, breach of fiduciary duty, professional malpractice, business interruption, and product liability claims.
 
  • We served as an expert witness for a large conglomerate that disputed lost profit claims from an international agricultural company in product liability litigation. The case involved analyzing the plaintiff's business plans and historical financial performance, reviewing the plaintiff's operating and production capacity, identifying lost profit damage model flaws, and applying international accounting standards to the financial models at issue.
  • We were asked to provide expert rebuttal witness testimony on an expert opinion for damages claimed by an insured against its fidelity bonds and errors and omissions carrier for losses arising from unfair claim settlement practices.
  • The case involved analyzing the individual components of the damage claim and identifying parties which were not adequately substantiated or were outside the scope of the underlying case.
  • We also served as an expert witness in a breach of contract case between a financial services firm and a private equity firm that resulted in a jury damage award involving complex and unusual financial instruments.
 

Shareholder Disputes

MBAF's principal served as an expert witness in an international arbitration in a shareholder dispute involving allegations of fraud and self dealing by the majority shareholder in an international agricultural business. The analysis uncovered the use of company funds for personal use, family self-dealing of corporate assets, and use of corporate assets for personal gain, all of which resulted in a significant exposure of corporate liability and an inequitable position.
 

Securities Fraud

We have served as a litigation consultant to an officer of a publicly-held financial institution in a criminal securities fraud matter. We interviewed potential witnesses, and reviewed and analyzed government discovery for financial ac-counting witnesses.
 

Healthcare Fraud

An MBAF principal served as an expert witness for financial accounting matters involved in a criminal Medicaid healthcare fraud and RICO case with over 200 counts. This engagement also provided litigation consulting support through the review of government discovery and interviews of potential witnesses.
 

Bankruptcy and Insolvency

MBAF served as an expert witness for a bankruptcy trustee in evaluating the reasonableness of the sales price at which automotive dealer operations were sold to a prospective buyer. MBAF's principal also served as a consulting witness for a bankruptcy trustee and the creditors' committee counsel. She evaluated professional malpractice claims, conducted a preference analysis, and performed asset tracing for an insolvent closely-held mortgage banking company.
 

Forensic Accounting

We have served as a forensic accounting expert witness for a financial institution concerning its financial relationships with a financial services client in State Receivership proceedings. This forensic accounting report involved the analysis of expert reports submitted by the receivership and numerous documents provided by the financial institution reflecting the contractual relationships between the disputing parties. We calculated the amounts due to the receivership under the contracts at issue.
 

Business Valuations

MBAF has served as expert witnesses or forensic accountants in business valuations required for claims arising in bankruptcy, breach of contract, or other economic loss claims.
 
Business valuations were prepared to value minority interest ownership in closely-held companies, the fair market value of closely-held operating companies, and the fair market value of professional practices subject to equitable distribution. We have also been called as experts and consultants to successfully critique other expert's business valuation reports and testimony.
 

Personal Injury and Wrongful Death Claims

MBAF calculated and opined on damage claims for lost earnings. These claims addressed complex issues of fringe benefits, self-employment, and living and medical expense estimates.
 

Internal Investigations

An MBAF principal provided forensic accounting services in privileged internal investigations with fi-nancial institutions, publicly-held companies, and non-profit companies where allegations of money laundering, embezzlement, self dealing, internal control weaknesses, or financial accounting fraud were alleged.