Bank Failures, Complex Commercial Litigation and Fraud Issues

Our approach to Bank and Financial Institution Failures focuses on our ability to immediately identify the crucial tasks and procedures necessary for both damage quantification and liability determination.  We have provided this expert service in numerous bank and thrift failures, representing the FDIC, RTC, various insurance carriers as well as The Department of Justice and Federal Bureau of Investigation.   In a number of these matters, we have been onsite within days post-takedown and have assisted attorneys and/or Federal Agents in identifying relevant documents and information as well as the types of required analyses. Our experience allows us to approach each engagement with an understanding of what to look for and the analyses to perform, which provides for continuity during the entirety of the engagement.

Over the past twenty years, we have become intimately acquainted with the types of accounting and posting systems used by most institutions from the most antiquated through the most modern.  Further, in that the failures we have worked with represented assets of over two billion dollars and millions of transactions, our procedures and systems allow us to undertake an analysis of any institution, no matter its size.  We also understand the interrelationships between the institutions and other parties such as processing banks, the Federal Reserve, asset marketers and others.  Consequently, our focus naturally expands to all relevant parties, and not only the actions of those within the institution.  Based upon this approach, we have successfully proven fraud and theft upon a single institution in excess of one hundred million dollars.    

Our abilities in this area are both unique and commanding.  They are a function of our breadth of experience and our ability to apply sophisticated technology to the engagement.  Our goal is to provide the most complete and cost-effective analysis possible from takedown through trial.

Our approach to Complex Commercial Litigation and Fraud Issues focuses on performing investigations to uncover the facts necessary to develop, perfect and, when appropriate, settle litigation and arbitration matters.  We have extensive experience using auditing, accounting and other investigative methods to discover relevant facts and to quantify their economic impact.  We have been involved with plaintiffs in formulating and applying the appropriate theories in the calculation of economic damages, in helping plan questions for interrogatories, depositions and trials and with defendants in performing critical reviews of the work of plaintiff’s experts and developing rebuttal testimony.