Forensic Analysis & Financial Investigations

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Brattle experts investigate and analyze allegations of accounting and financial fraud in a wide range of cases. We investigate whether accountants may have been complicit or negligent and can determine whether financial accounts reflect alleged illicit or deceptive activity, are misstated to avoid detection, or create a misleading impression of financial performance. The results of our forensic analyses provide critical evidence of the financial facts.

In investigations of potential financial fraud, forensic analysis of financial records is often used to test for misstatements in accounts that could hide illicit activity, and reconstruction of account balances and restatements may reveal the effects of fraud.

Financial

Investigations

White-collar cases that allege covert or illicit schemes are often ultimately exposed or explained through analysis of financial records other than company financial statements. In the simplest examples, financial analysis may show whether investor funds were used for their stated purpose. More elaborate schemes may involve trading strategies; bribery; false claims; money laundering; start-ups, initial coin offerings (ICOs), or reverse mergers that are, in fact, pump-and-dump schemes; or classic Ponzi schemes in which the most recent duped investors’ funds are used to pay off earlier investors as well as enriching perpetrators.

In such cases, Brattle experts assist investigators and defense counsel by organizing and analyzing financial records, such as bank statements, brokerage accounts, trading data, and wire transfers. Increasingly, financial records include public and private blockchain activity and cryptocurrency wallets. Our analysis may also integrate email, phone calls, texts and IMs, SWIFT messages, and other communication media to link financial activity with specific stated purposes and individuals.

Representative Engagements

Forensic

Analysis

Brattle experts include certified public accountants (CPAs), certified fraud examiners (CFEs), and financial economists with training in forensic accounting. We routinely assist prosecutors, regulators, and counsel in reviewing internal corporate financial records, bank records, audit work papers, financial reports, and related records and correspondence to answer key questions on what economic activity took place and whether it was properly recorded, reported, and disclosed.

In white-collar cases involving suspected deliberate accounting misrepresentations, forensic analysis typically includes examining the communications among company officials, internal accounting staff, and external auditors for evidence of possible complicity.

Representative Engagements

Representative Engagements

Representative Engagements

In US v. Sam Bankman-Fried – referred to as one of the “biggest financial frauds in American history” – Brattle supported the only government expert witness, a professor of accounting. The Brattle team conducted both fiat and crypto tracing analyses using bank statements, blockchains, and crypto trading data. Our team analyzed flows and uses of funds across related accounts and entities, leveraging our forensic accounting expertise.

Click to view the link: US v. Sam Bankman-Fried

In US v. Liu et al., a Brattle team aided prosecutors in investigating whether a China-based company used a web of shell entities to avoid paying US export tariffs. Brattle’s experts traced entities under the control of the company’s chairman and examined how those entities were disclosed or misrepresented to investors. Analysis showed that hundreds of millions of dollars flowed through shell companies used by the company to avoid paying export tariffs.

Click to view the link: US v. Liu et al.

In US v. Tuzman, Brattle consultants and testifying experts analyzed detailed information relating to actions by the ex-CEO of the software platform company KIT Digital to transfer company funds to a hedge fund and trade the company’s common stock to artificially inflate its share price and trading volume. Consultants traced fund flows between the company, the hedge fund, and the trading activity. Brattle experts analyzed the corresponding financial statement reporting and its impact on the company’s market value. A Brattle expert testified about the stock price impact of the alleged fraud for sentencing purposes.
Analyses of Accounting Treatment of IP Licensing Transactions
In a criminal case against a senior executive of a public company, Brattle analyzed the business purposes and accounting treatment of certain intellectual property (IP) licensing transactions and whether they were used to overstate or smooth earnings to allow the company to meet earning expectations. The Brattle team analyzed financial records, accounting records, and audit work papers to understand the impact of the transactions and how they were being disclosed to investors and the company’s auditor. The team also examined email communications to assess what the auditor knew or should have known about the transactions and assumptions underlying the IP impairment testing and identified emails that were deleted by management by comparing recent productions with more complete archives. Brattle supported an accounting expert and former audit partner to prepare opinions on key questions of accounting treatment.

Representative Engagements

In an insider trading and fund misappropriation case, US v. Blakstad, a Brattle team developed a financial analysis tracing investor funds in Midcontinental Petroleum, Inc. Controlled by the defendant, the investments were used to fund personal expenses and later used as a vehicle to make use of proceeds of insider trading in Illumina, Inc. stock options.

Click to view the link: An insider trading and fund misappropriation case

Reconstructing Employer Contributions in Puerto Rico’s Pension Fund Bankruptcy
In defense of a bondholder lien claim on assets of the bankrupt public pension fund of Puerto Rico, a Brattle team reconstructed the flow of employer contributions used to service the bonds. We investigated whether employer contributions paid over ten years were properly used to fund bond repayments and interest obligations, and determined whether any remaining assets of the pension fund at bankruptcy were funded from employer contributions.
In US v. Atilla, Brattle conducted a data-intensive investigation into violations of US sanctions against Iran by Turkish financial services businesses that were disguising their activity as gold and, later, food trade. The investigation involved tracing financial transactions through accounts at Turkish and United Arab Emirates banks in multiple currencies and the corresponding US bank transactions when transfers were made in US dollars. Brattle integrated these data sources onto a single platform, creating metadata and data on communications involving bank employees and known persons of interest outside the bank. Our analysis also used changes in the sanctions regime to identify potentially related activity and communications.
In US v. Budovsky, Brattle conducted a detailed investigation of an $8 billion digital currency money-laundering scheme by an early cryptocurrency firm, Liberty Reserve. Brattle leveraged state-of-the-art data analytics to identify evidence of money laundering within the massive haystack of structured and unstructured data. By assembling, standardizing, and integrating data from different sources, Brattle’s team helped uncover anomalies and patterns indicative of illicit activity in one of the first and largest international money laundering prosecutions to date.

Adrienna Huffman

PhD, CFE

Senior Associate

San Francisco

Adrienna.Huffman@brattle.com

Jack Turner

MBA

Senior Associate

San Francisco

Jack.Turner@brattle.com

Mark Sarro

PhD

Principal

Boston

Mark.Sarro@brattle.com

Adoria Lim

MBA, CPA, CFE, CFF, ABV

Principal

San Francisco

Adoria.Lim@brattle.com

Julie Suh

PhD

Senior Associate

San Francisco

Julie.Suh@brattle.com

Paul Hinton

MPP

Principal

New York/London

Paul.Hinton@brattle.com

Alberto Vargas

PhD

Principal

Washington, DC

Alberto.Vargas@brattle.com

James Sappenfield

DBA

Associate

Washington, DC

James.Sappenfield@brattle.com

Chi Cheng

PhD, CPA, CFE

Principal

San Francisco

Chi.Cheng@brattle.com

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Paul Hinton, “How Celsius Customers May Use Tracing to Recover Deposits,” Law360 (March 6, 2023)

Experts

Forensic ANalysis

Financial Investigations

Publications

Related Practices

Mr. Hinton has over 20 years of experience in litigation consulting, directing projects, and providing expert testimony in product liability, financial, and commercial disputes.

An expert in product liability, finance, economics, and valuation topics, Mr. Hinton has testified before arbitral tribunals and legislative committees, and in litigation. He has assisted US-based and multinational companies in estimating and modeling their personal injury liabilities. Mr. Hinton has advised insurance companies on claims liability estimation and in insurance coverage litigation involving insurance allocation. In the decade beginning in 2000, Mr. Hinton worked on claims liability estimations on behalf of a number of asbestos defendants that choose to use bankruptcy restructuring to resolve asbestos personal injury claims against them. These asbestos-related bankruptcies included W.R. Grace & Co., Owens Corning, Combustion Engineering, and Armstrong World. Other recent mass tort bankruptcy case experience includes the Boy Scouts of America case and the Diocese of Camden, New Jersey case.

For a full bio, casework, and publications, please visit Mr. Hinton’s web bio.

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Mr. McKnight has over 20 years of experience in economic consulting, providing expert testimony and consulting services in litigation, bankruptcy, and arbitrations pertaining to mass torts, bankruptcy, valuation and commercial disputes.

In mass tort matters, Mr. McKnight has worked with liability forecasts, insurance coverage, and discounted cash flows. He has forecasted future liabilities for personal injury claims resulting from exposure to asbestos, silicosis, PFAs, pollution, and various drugs and medical devices. Mr. McKnight has allocated projected losses to available insurance coverage and estimated the resulting cash flows. He developed models of exposure to asbestos, pharmaceuticals, and medical devices to estimate the future incidence of disease for use in litigation, financial accounting, due diligence, and assessing the adequacy of bankruptcy trust funding. He has submitted written testimony on the estimation of sexual abuse claims to the United States Bankruptcy Court for the District of Delaware in the Boy Scouts of America bankruptcy and has testified before the United States Bankruptcy Court for the District of New Jersey in the Diocese of Camden, New Jersey bankruptcy.

For a full bio, casework, and publications, please visit Mr. McKnight’s web bio.

Forensic Accounting

Financial Investigations

about brattle

The Brattle Group answers complex economic, finance, and regulatory questions for corporations, law firms, and governments around the world. We are distinguished by the clarity of our insights and the credibility of our experts, which include leading international academics and industry specialists. Brattle has 500 talented professionals across North America, Europe, and Asia-Pacific.