Examples of Company & Business Forensic cases undertaken
Disgruntled shareholder wanted his money back: Shareholder walked away from the business; and sued the surviving shareholder for the return of their original investment, and a return on the investment! The business was in a loss making situation. Court ruled that "disgruntled" was not entitled to any recompense; and was then ordered to reimburse the surviving shareholder for Sutherland Forensic's fees.
Restraint of Trade quantum overstated: Our salesman client was sued for $120,000. We advised what information to demand during discovery; analysis proved the quantum was really $20,000; other side accepted the revised quantum. The judge said "[Mr Sutherland's report] was obviously pivotal to the ultimate agreement as to quantum which saved a good deal of hearing and submission time, not to mention my having to rule on quantum." Case was determined in favour of our client; legal & forensic costs were ordered against the employer.
Police charges dropped: 20 yr old Cash register operator was charged with theft; and the trial date was set. The police case was based solely upon evidence presented by the business owner. Our client urgently needed to challenge these allegations. Our analysis involved going through all the evidence and identifying the inconsistencies, and proved that the employers investigation was flawed, inconclusive, and incomplete; and did not prove beyond reasonable doubt. Charges dropped; hearing canceled.
Inappropriate finance staff investigation: A successful outcome, and a favourable payment for our client. This vexatious action cost the not-for-profit over $300,000 before they backed off; due to their CEO's ineptitude. Her forensic advisors generated the bulk of the cost; who proved nothing, & who ruined the business model while enveigling themselves into the affairs of business. CEO subsequently suspended and let go. The not-for-profit has since recovered.
Shareholder falsely sued for current account: A company, controlled by the majority shareholder, sued a minority shareholder for repayment of their shareholder's current account. SFA proved the accounts filed in the Court claim were dubious; that there was another set of books which were the real ones. There was really no debt owed by our client; case dropped.
Trusting investor paid too much: Our client purchased shares in a business without due dilligence. SFA proved misrepresentation, and no underlying value in the business. Successful judgment in favour of our client.
Insurance fraud: SFA proved that "some" items claimed stolen in a burglary, were subsequently sold through the business.
Fraudulent and vexatious shareholder claim: The partner who managed the finances wanted wanted over $150,000 for their shares based upon a dubious 'independent' valuation. Forensic analysis by SFA showed that the 'retiring' shareholder had milked the business of $120,000; and another $55,000 in unrelated expenses. Client successfully counter claimed for $250,000.