Freedom of speech reigns in the United States. Unless you are criticizing a person or company with the funds to sue you into infinity. Then you could find yourself on the receiving end of an expensive lawsuit that has no aim other than to shut you up. (Case study: Medifast Inc.’s $270 million lawsuit against me and others; I have won and Medifast is now trying to get out of paying the $300k+ of legal fees they are required to pay.)
Attorney Eric Turkewitz writes about his experience with SLAPP suits in New York. (SLAPP = Strategic Lawsuit Against Public Participation) Although the law protects people who write truthful things and/or state their opinions, the legal process of getting a case dismissed is onerous without anti-SLAPP laws. (Even with anti-SLAPP laws, it can still be expensive. Medifast sued in California, where there is good anti-SLAPP legislation, but it still took over $300k in attorneys fees — not counting the hundreds of thousands of dollars the other defendants spent on their attorneys — and over four years of litigation to get the suit against me dismissed.)Continue reading
Why might an accountant providing traditional tax or auditing services want to branch out into litigation work? There are lots of opportunities for expert witnesses, and the work is interesting. Watch the video below for Tracy Coenen’s commentary on this topic.
I receive many requests for information on the field of forensic accounting, including questions on courses of study, certification, job opportunities, and preparing for a career. Over four years ago I wrote this article for students and job seekers, and I thought it was a good time to update the information.
The first three bullet points of the article still hold true. If you want to work in the area of fraud investigation and forensic accounting, make sure all of your education and job choices put you on that path. Even if you can’t get started as a forensic accountant right away, make sure you’re doing everything you can to at least get a little bit of experience in the area. The more experience you have, the more attractive a candidate you will be for future jobs.Continue reading
One of the common issues raised when an expert calculates damages is “reasonable certainty.” It is not uncommon for opposing counsel to suggest that the expert’s calculated damages are speculative.
The calculation of damages necessarily requires estimates and assumptions. Something has happened, and a company or individual is claiming that there are lost profits because of it. We can never know with complete certainty what revenue or profits would have been if that incident or action had not taken place. Mathematical precision is not possible. Thus, the expert must make certain estimates in order to calculate damages.Continue reading
Today Brian Willingham of the Diligentia Group has inspired me with his article Do Former Law Enforcement Officers Make Better Private Investigators? While Brian agrees that experience in law enforcement can be helpful to a private investigator, it does not necessarily make that investigator better. The same can be said for forensic accountants and fraud investigators: Law enforcement experience can be helpful, but it is not as important as you might believe.
Last week Marc Randazza, his wife Jennifer, and his daughter Natalia filed suit against “investigative blogger” Crystal Cox in United States District Court in Nevada. The suit is a treasure trove of tales about a nutty blogger who fancies herself an investigator and protector of civil rights.
The court granted SOCNET’s motion to dismiss (even with no anti-SLAPP statute in Colorado), saying:
It is this tension that has generated numerous cases addressing the first element of a defamation action, i.e. is the statement defamatory. Not every untrue, uncomplimentary or offensive statement concerning an individual is defamatory. Continue reading
To be frank, this all sounds like bullshit. In fact, the combination of everything described was so strange, it almost made the company seem like a larger-than-life prank on the tech world. The closest thing to a technical explanation for Peep is this:Continue reading
Recently, I filmed an interview with Brien Jones, the continuing education executive for the National Association of Certified Valuators and Analysts (NACVA). The organization focuses on training professionals in the disciplines of business valuation and forensic accounting through its Consultants Training Institute (CTI).
Brien asked me about how I developed my forensic accounting practice, how I market Sequence Inc.’s services to attorneys, and what I like to do when I’m not working. Enjoy!Continue reading