(Text for those without flash or javascript) Fulcrum's professionals are experienced CPAs, MBAs, ASAs, CFAs, affiliated professors and industry specialists Our expertise encompasses damages analysis, lost profit studies, business and intangible asset valuations, appraisals, fraud investigations, statistics, forensic economic analysis, royalty audits, strategic and market assessments, computer forensics, electronic discovery and analysis of computer data.

Firm Overview
Video

Fulcrum Library

Investigations and Forensic Accounting

Library Sections:

California Appellate Court Says Attorney-Prepared Witness Statements Are Discoverable

The Court concluded that witness statements do not contain the necessary independent thinking to be protected from discovery. If you do not want your witness statements turned over to your opponent, then stop using tape recorders and verbatim notes.

SEC Inspector General Report Shows Incompetence At Best, And Fraudulent Cooperation At Worst

The Office of Inspector General recently issued a scandalous report entitled “Investigation of Failure of the SEC to Uncover Bernard Madoff’s Ponzi Scheme”.

Detailed Audit Provisions Save Headaches

We provide sample audit provisions that a licensee should include in every agreement.

Former Madoff CFO Pleads Guilty, Pledging Cooperation That Will Help Both Criminal And Civil Cases

We also address failures of the regulators and government auditors.

Central District of California Case Poses New Requirements For Internal Investigations

The judge in this case suppressed evidence and referred the lawyers involved to the state bar for disciplinary action. A written waiver is not the current standard when performing internal investigations, which causes the case to have broad interest and concern.

A Graphical And Summary Explanation Of The Financial Restructuring Process

We describe the major efforts that should be occurring, and the timing of each.

More Resources Will Be Allocated To Financial Fraud Initiatives

Government resources are usually allocated based on the political sentiment of the day. Currently, white collar financial crimes associated with the recession are in favor. We summarize statistics released by the FBI and Treasury department. White collar defense lawyers face improving business conditions.

Largest-Ever Ponzi Scheme Should Have Been Obvious To Anyone Who Looked Seriously

$50 billion was duped from wealthy and otherwise sophisticated investors who could have avoided their losses if they followed some easy rules. We summarize the Madoff scandal, and explain how ponzi schemes and other financial frauds can be avoided.

Licensing And Related Royalty Audits Deserve Greater Attention

Hurricane Ike Insurance Claims May Not Be Limited To Gulf Coast Companies

DOJ’s McNulty Memo In Evaluating Corporate Cooperation Is No Longer DOJ Policy

Under pressure from proposed legislation that would mandate a policy change, the Department of Justice promised to retract controversial portions of current DOJ policy that allows USAAs to (i) force waiver of the attorney client privilege and (ii) prohibit payment of employees’ legal fees.

Weak credit and economic conditions cause litigation over “material adverse change” clauses.

The fact that these provisions are standard does not mean they are well understood.

Delaware Case Alters Existing Practice Regarding Use Of Special Committees

A recent case found a waiver of the attorney-client privilege in circumstances that regularly occur when a Special Committee of the Board of Directors shares its findings with the entire Board. The case provides practical problems for Boards that attempt to exercise their normal fiduciary responsibilities whenever plaintiffs name individual Board members as defendants.

10b5-1 Plans Deserve Greater Scrutiny by Boards of Directors

10b5-1 plans allow insiders to sell stock without incurring allegations of unlawfully using insider information.

Katrina-Related Insurance for Those Without Physical Damage

If your business has key suppliers or customers in the Gulf Coast area, your business could be significantly affected. This is true even though your own business property may not have sustained physical damage.

Alter-Ego Allegations Require Expert Accounting Assistance

Alter-ego is one of the most commonly alleged equity-based principals. Where the facts warrant, courts will disregard the separate legal existence of corporations (including LLCs) and its shareholders (or members).

Business Interruption Claim Best Practices

Beyond the physical property loss, your business will incur significant additional costs and will not be as profitable as before. Most businesses have business interruption (BI) insurance to address these risks. However, getting a proper claim prepared and paid will likely be a challenge.

Getting More Money from Licenses

Intellectual Property licensing is big business, and is getting bigger. But most licensors do not earn as much as they should because they fail to perform royalty audits allowed under their license agreements.