His rich background includes both directing and testifying in complex litigation matters regarding fraud and forensic accounting, accounting restatements and financial statement reconstruction, securities fraud, accounting irregularities, insider trading, merger and acquisition disputes, derivative disputes, professional liability, bankruptcy and solvency, business valuation, and general damages issues.
In addition, John has also represented numerous companies and individuals before regulatory bodies including the SEC, DOJ, and the CFTC. He has also assisted counsel in many high-profile board-directed investigations of allegations of fraud and accounting irregularities.
He has appeared as an expert in Delaware Chancery Court, bankruptcy court, and federal and state courts, and in various administrative forums. He has also served as an independent arbitrator.
John’s professional experience includes:
Selected expert witness on accounting, auditing, and damages matters
- Auditing expert on behalf of a national public accounting firm defending allegations of professional negligence. Assisted counsel with and testified at deposition regarding the application of generally accepted auditing procedures.
- Auditing expert on behalf of a Big-4 public accounting firm defending allegations of fraud and professional negligence by the SEC. Assisted counsel with analysis of generally accepted auditing standards compliance and responses to various regulatory requests made by the SEC.
- Generally accepted accounting principles and disclosure expert on behalf of the chief executive officer and chief financial officer of a for-profit college regarding the interpretation of the fairness of presentation of financial statements and related disclosures. Assisted counsel with and testified in deposition regarding the application of GAAP and the fairness of certain financial statement disclosures.
- Forensic accounting expert for a large multinational industrial supply company pursuing unfair trade practices and Lanham Act claims. Assisted counsel with the analysis of large data sets of purchases, sales, and related data. Provided counsel with several declarations of findings to assist the court with rulings on document production.
- Damages expert in a breach of contract and fraud matter. Assisted counsel and provided expert testimony at trial regarding the analysis of lost profits and related damages.
- Valuation expert in a breach of contract and fiduciary duty matter. Assisted counsel and provided testimony in an arbitration regarding damages and valuation.
- GAAP and damages expert on behalf of a multinational software company in a dispute between the company and the former CEO involving options backdating. Assisted counsel with the analysis of GAAP for stock options and calculation of ill-gotten gains. Testified at deposition and arbitration.
- Served as consulting and testifying expert on behalf of a large electrical components manufacturer regarding advanced pricing agreements covering the transfer of certain products, the license of intangible property, and cost-sharing agreements. Assisted counsel with and testified at trial regarding the integrity of the data sets used determine intercompany pricing.
Selected fraud and regulatory investigations
- Retained by special litigation counsel to the audit committee of the board of directors to assist in the defense of an accounting inquiry by the SEC involving bill and hold sales, vendor rebates, and numerous accounting and disclosure issues. Provided technical accounting advice regarding GAAP and presentations to the SEC.
- Retained by special litigation counsel to the audit committee of the board of directors to assist in the defense of an SEC investigation, and to examine and advise on various allegations regarding the multinational company’s revenue recognition practices, restructuring reserves, acquisition accounting, and disclosure issues. Assisted counsel in presentations to management, the audit committee, and the SEC.
- Retained by counsel to a special committee to lead a team providing technical accounting consulting assistance relating to an options backdating investigation. Participated in all facets of the investigation, including technical assessment and reporting of findings to the special committee.
- Retained by the DOJ and SEC to assist in the investigation and prosecution of an options backdating issue. Assisted counsel in analyzing accounting documents and provided expert testimony regarding GAAP, damages, and ill-gotten gains.
- Retained by counsel for a global life sciences company to defend against foreign corrupt practices act allegations and anticorruption investigations conducted by the SEC and DOJ. Assistance involved interviewing witnesses; conducting a forensic review of underlying emails, documents, and payment records; and participating in meetings with the SEC and DOJ to present ongoing findings.