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Jim's experience includes a wide range of forensic accounting projects, litigation, financial consulting, and audit engagements. He has specialized industry experience relating to high technology, real estate, healthcare, banking, and construction companies, both publicly and privately held. Jim also has extensive experience in public offerings of real estate partnership and high technology companies.
Professional Experience
Over the past few years, Jim has spent the majority of his time assisting defense counsel in several matters involving shareholder actions and related SEC investigations. These matters have principally related to accounting errors/irregularities and allegations of illegal acts. The services performed in relation to these matters have typically addressed all accounting and financial aspects of the case. Services provided during these engagements included the following:
Evaluation of possible accounting malpractice (analysis of GAAP/GAAS issues).
Analysis and interpretation of complex accounting transactions.
Investigation related to the restatement of financial statements (often related to revenue recognition issues).
Assisting counsel in conducting interviews of key personnel relating to the allegations in the complaint and/or SEC investigations.
Preparation of key witnesses for depositions by plaintiffs or interviews by the SEC.
Analysis of depositions to highlight key questions and responses, as well as trends by subject areas.
Presentation and reporting of key facts with respect to our findings to attorneys, regulators, and boards of directors.
Assistance to counsel in responding to inquiries by the SEC or other regulatory bodies.
Special investigations by committees of the boards of directors of public and private companies and governmental entities that involved the following matters: accounting and reporting issues; regulatory compliance matters; mergers and acquisitions; SEC reporting matters; internal controls systems; related-party transactions; and financial irregularities and fraud.
Assisted defense counsel in damage analysis of EPA's claim associated with Superfund clean-up. Provided expert testimony at trial.
Assisted the Office of Attorney General of Massachusetts, New Hampshire, Maine, Ohio, and California in their due diligence procedures (including valuation analysis) in connection with proposed purchases of not-for-profit organizations.
Assisted various state insurance departments in connection with their due diligence in connection with proposed transactions involving health plans.
Expert testimony
Thayer/Patricof Education Holdings LLC v. Ernst & Young LLP, (7/04), arbitration post acquisition dispute - testimony at arbitration hearing.
United States of America v. Charles George Trucking Co., et al, (6/95), deposition. August 1995 testimony. Federal Court (District Court for District of Massachusetts), superfund clean-up costs incurred by EPA.
Cerberus Technologies, Inc. v. Scantronic (USA), Inc. (8/93), arbitration, damages, post-acquisition dispute.
Schrafft v. Hunneman Realty, (5/91), testimony. (11/91) testimony. Suffolk Superior Court, shareholder dispute.
Education & Certifications
Bachelor of Science, Accounting, Bentley College, Waltham, Massachusetts
Certified Public Accountant in Massachusetts, California, and Pennsylvania
Professional Associations
American Institute of Certified Public Accountants
Publications
"Litigators Can Remain Focused by Using Consultants," Massachusetts Lawyers Weekly (January 20, 1992), co-authored with Mark Leicester of Andersen, articles on legal support. | 