Litigation Support

Verdolino & Lowey, P.C. has extensive experience in litigation assistance. We have acted as financial advisors to plaintiffs, trustees, receivers, fiduciaries and government agencies in complex litigation matters, including detailed review of financial records to both develop causes of action as well as identify additional defendants. We have acted as expert witnesses against well known accounting firms, as well as assisted in preparation of lines of questioning for discovery and depositions of opposing parties and expert witnesses. We have experience in both federal and state courts and have experience in jurisdictions outside of New England.

Some representative cases include

Inofin, Inc. – The Firm was retained to act as the financial advisor and accountant to the Bankruptcy Trustee in a matter involving an automobile financing and dealership operation in Massachusetts and Rhode Island. The engagement included a forensic investigation and analysis of a $60 million operating company, its affiliated corporations and their officers, directors, shareholders and investors.  Forensic analysis included working with attorneys to identify potential defendants and act as expert witness.  Worked with the US Securities and Exchange Commission to assist in their investigation of the insiders.  Developed malpractice actions against both the accountants and attorneys of the company. Engagement is ongoing.

Tenens Corporation v. Vitale Caturano & Company and Price Waterhouse LLP. – The Firm was retained to quantify the damages incurred by the plaintiff as a direct result of defendants’ failure to discover fraud schemes in excess of $60,000,000.  An extensive analysis was performed for the relevant period – 15 years.  An initial and rebuttal expert reports were prepared.  Principal was deposed by the defendants.  Case settled after the report was issued.

Federal Trade Commission and the State of Connecticut vs. LeanSpa LLC, NutraSlim LLC, NutraSlim UK LTD and Boris Mizhen – Employed by the court-appointed Connecticut Receiver to assist with investigation of a $34 million internet business with world-wide connections and affiliations.  Employed to assist Federal Court Receiver in locating assets, reviewing extensive intercompany activity and performing a preliminary accounting and review of the financial condition of multiple Receivership Defendants including identifying possible third parties for additional investigation or litigation.  Assisted with drafting the Initial Report to the Court detailing the results of the Receiver’s initial investigation and worked with both the Receiver and the FTC on matters regarding scope of settlement and tax issues presented.  Case was successfully settled and settlement has been approved by the Court.

Mediation Expert – After years of unsuccessful litigation and prior mediation in this case, V&L was employed by a three person mediation panel of a retired Massachusetts judge and a lawyer from each of Brown Rudnick LLP and Nixon Peabody, LLP.  The Firm’s roll was to investigate financial activities involving a fortune 200 company and a complex lease contract involving thousands of transactions, over $160,000,000 of transactions of which took place from 1994 through 2007.  The case settled based upon V&L’s analysis and recommendation.

U.S. and Cendant Corp. v. Walter A. Forbes – The Firm has been employed to act as forensic and financial investigator and expert in connection with the efforts of Cendant Corporation and the United States Attorney’s Office to investigate, identify, collect and enforce the $3.275 billion dollar Restitution Order entered against Walter A. Forbes. V&L was retained by a Connecticut law firm to complete a forensic investigation of activity from over 130 bank accounts and over forty corporations, trusts and limited liability companies spanning a 12 year period to identify undisclosed assets, fraudulent transfers and identify defendants for further legal enforcement and collection.  The Firm was provided with over 100 boxes of unorganized and unindexed paper and electronic records from which to do its analysis.   V&L also assisted in preparing document request lists, background information for interrogatory requests and depositions as well as assisting in trial preparation and e-discovery.  Engagement is ongoing.

Investment Realty Funding – Employed as Accountant to the Chapter 7 Trustee in a case involving real estate and mortgage fraud.  The engagement included a forensic investigation and analysis of the transactional history of the debtor involving approximately $16 million in investments and 30 parcels of real property.  Tracked all receipts and disbursements, investigated loans to insiders and quantified extent of alleged fraud.

Original Rangoon Company – Employed as Trustee in a corporate wind-down and closing.  The engagement included a forensic investigation and analysis of financial improprieties by a former employee and assist in preparation and review of civil action against directors and officer’s insurance policy, insurance agent and carrier.

TechTarget, Inc. and TechTarget Securities Corporation, Plaintiffs v. Morse, Barnes-Brown and Pendleton, P.C. and Joseph Marrow, Defendants v. Morse, Barnes-Brown and Pendleton, P.C. and Joseph Marrow, Third-Party Plaintiffs, v. Ernst and Young, LLP, Third-Party Defendant, Commonwealth of Massachusetts, Superior Court  Division of the Trial Court, Civil Action No. 13-0703. –  In TechTarget Inc. we were retained by Plaintiff’s counsel to determine if Ernst & Young acted in accordance with professional standards in preparing and filing the Massachusetts Form 355SC tax returns for TechTarget Securities Corporation (“TTSC”), for the tax years 2004-2008; if these standards were breached, and, to determine what if any relevant harm was caused by any breaches by E&Y.  Judgment was for the Plaintiff.

Gitto Global Corporation – V&L initially served as forensic accountants to the Bankruptcy Court-appointed Examiner in this Chapter 11 bankruptcy case involving alleged pre-petition fraud in excess of $30 million.  Through its painstaking review of the Debtor’s electronic and paper records, the Firm was able to assist in identifying thousands of documents indicative of a myriad of financial fraud schemes perpetrated by the Debtor’s principals and a number of former employees, banks, attorneys, vendors, etc.  Subsequently, V&L was retained by both the Chapter 7 Trustee and the secured creditor to perform significant additional forensic work.