Forensic Accounting Expert Witness

HP Accounting - Bob Bates, JD, CPA, CFO, CVA, CFE
Fremont, California 94538

► Contact HP Accounting - Bob Bates, JD, CPA, CFO, CVA, CFE
Expert WitnessForensic ExpertLitigation SupportSpeaker
-Unbiased Case Analysis
-Discovery Review & Recommendations
-High-Impact Demonstrative Exhibits
-Strategy and Tactics Conferences
-Damage Calculations
-Cash Flow Analysis Reports
-Profit and Loss Analysis
-Commercial damages, business interruption and lost profits
He has been involved in depositions/interrogatories and testifying with multiple court cases including:
• Embezzlement-Discovered $300k fraud/consultant for counsel Massachusetts
• Creditor-NY. $1.6m debentures, usury/breach
• Creditor-NY. $1.7m debentures, usury/breach
• Creditor-LA, CA $1.7m debentures
• Creditor-Orange County, CA. $400k debentures
• Creditor-Orange County, CA. $1.3m debentures
• Alter ego-California $1m
• Alter ego- Nevada $1m
• Alter ego-Ongoing California (interrogatories). $1m
• Adversarial bankruptcy- Massachusetts/consulted. $300k
• Employment-Related to Massachusetts $300k embezzlement
• Employment-Washington, DC case
• Personal injury-testified in Massachusetts Superior Court. $100k
• Breach/Misrepresentation/Fraud/Negligence California $200k
• Collections: Nevada
• Racketeering/Fraud/False personation/unfair competition/breach/negligence California $1m
• Usury NY
• Over 100 cases including tort/contract/CPA & CFO malpractice
Services
HP Accounting offers the following services:
-409a Valuation
As a business owner you must be having a good idea of the value of your company, however, that may not be the case. You as a business owner need to go beyond your own guess of the company's value and take help of a valuation expert in order to satisfy section 409a valuation. This valuation is done for public or private companies who issue its employees traditional or non-traditional deferred compensation such as stock options, employment agreement and offer letters, salary deferral arrangements, bonus plans, restricted stock units or severance agreements.
-Business Valuation
Since inception, HP Accounting has served the business community with a comprehensive range of professional services. Thoroughly attuned to the issues and challenges facing today's business owners, we anticipate the needs and provide timely, accurate advice and services tailored to a particular situation. We have a team of experts to provide business valuation services as follows: business valuation experts, accountants (CPAs (Virginia), business brokers, commercial real estate appraisers, and investment bankers.
-Interim CFO
HP Accounting provides Chief Financial Officer (CFO) services that have the necessary insights and tools to see the strategic picture. Contributing sound strategic financial leadership through the interim CFO services as well as helping to lead the daily business operations are important things HP Accounting does.
-Damages Calculation
It is a difficult process to select expert witness damage calculations when preparing for a trial, but having expert witness testimony is an important step to win the case. Not any witness will do. You will need someone who is competent, qualified and knowledgeable in the field and is able to communicate effectively. HP Accounting can help you. We bring expert witness services and forensic accounting under one roof. We bring a comprehensive approach to our work, combining CPA (Virginia) and valuation and forensic backgrounds to provide a unique perspective.
Litigation Support Services
Bob has performed damage calculations and done forensic exams in a number of cases. He has valued employment streams, worked on insurance and fraud cases, and tort and contract disputes on a number of other diverse topics. He has testified many times and has been in multiple trials.
He has performed SOX work, has done over 100 valuations, over a hundred audits/reviews and stock options accounting and forensic work (discovered a $300,000 embezzlement). He has done turnaround work and brokered various legal settlements.
Areas of Expertise
- Business Valuations
- CFO
- Commercial Damages
- Damages
- Divorce
- Due Diligence
- Economic Damages
- Economic Losses
- Estates and Trusts
- Family Law
- Fiduciary Duty
- Financial
- Forensic Accounting
- Fraud
- Fraud Investigation
- Litigation
Profile
Bob Bates, JD, CPA is a Bay area Certified Fraud Examiner (CFE) and Certified Valuation Analyst (CVA). His expert witness work includes damage calculations and other financial consulting and analysis.
For over 35 years, Bob has been CFO/Controller of various public and private companies in many industries in US/Canada/Europe/Asia. Bob raised $35 million for several of them, and founded and bought and sold several of the companies. He also worked at KPMG and has his own accounting practice. He has extensive experience with acquisition due diligence, expert witness work, financial reporting and audit preparation.
He has valued small and midsize closely-held companies, fractional interests, purchase accounting and intangible assets for business owners, shareholders, investors, attorneys, CPAs, fiduciaries, courts and others who need reliable and defensible valuations. Bob performs valuations for estate, gift and other tax filings, succession planning, buy-sell agreements, management buy-outs, ESOPs, mergers and acquisitions, financing, reorganizations, shareholder disputes, marital dissolutions and litigation.
Since 2005 Bob has been involved in the valuation, sale, merger and acquisition of over a hundred businesses. Clients appreciate the real world M&A transaction experience and practical knowledge of market participant behavior that Bob brings to business valuation and expert engagements. His industry experience encompasses publishing, distribution, technology, financial services, food and beverage, professional practices, many types of B2B and consumer services, telecommunications, internet, solar, ecommerce, SAAS, IOT, software, crowdfunding, retail, entertainment and more. Bob has authored articles, developed courses, presented and instructed groups of business owners, students and others on valuation, forensics, accounting/finance and M&A.
Areas Served
All states
More Information
Conduct Fraud and Forensic Accounting, Expert Witness
409a Valuation Legal Consultant
Business Valuation Expert Witness
CFO Expert Witness
About Bob Bates, JD, CPA , CVA and CFE - Expert Witness
Contact Robert L. Bates, Litigation Support
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Professional Experience
Bob Bates is a CPA , CVA, CFE with over 30 years of accounting experience as a Controller and CFO in various types of businesses up to $10 billion in size. He has done 5 IPO's/DPO's and reverse mergers and has been a Director of Public companies in various countries.
He has worked in telecom, media, retail and financial services in addition to having consulting experience at startups in the software, technology and life sciences fields. He has run his own businesses, a publishing entity, a retail store and a public accounting firm. Bob was in pre-IPO companies and CFO in a growing public company, responsible for SEC filings. He was on the founding team of a Fintech company and a Retail App startup.
Licenses
CPA
Legal Experience & Services
Recent Cases: Consulting and Expert Witness Work
• 2012 NY. Boone v. Trakkers: $1.6m debentures, usury/breach—declarations
• 2012 NV Scheur $200k-deposition: Breach
• 2014 NY Usury $200k-declarations
• 2013 NY Boone v. Ascendiant: $1.7m debentures, usury/breach--assisted counsel with preparations/filings
• 2012-2013 LA, CA. Ascendiant $1.7m debentures—declarations
• 2012-2013 Orange County, CA. Ascendiant $400k debentures/usury-testify in court
• 2012-2013 Orange County, CA. AOF $1.3m debentures/usury-testify in court
• 2012-2014 Alter ego SB, LLC NV-report
• 2013 Skybox Realty, Stella Martinez Foreclosure tenant suit
• 2014 CV 081080 Zupan v. Wall-Hard money lender case/fraud-consult
• 2016 Chris Davies (Dave Matthews Band) v Signature Bank-forensic report
• 2014 Simon Horwitz v. LR Environmental (California) Declaration re Quickbooks use
• 2016 Getty Images v RMT-consult
• 2016 Patent Licensing Alliance v RMT-consult
• 2015-2016 Northern CA Federal court-ACL v. Fedex $1.2m fraud/racketeering/False personation/unfair competition/breach/negligence—declarations/assist counsel with pleadings
• 2015-2017 Northern CA Federal court-ACL v. US military $.7m fraud/racketeering/False personation/unfair competition/breach/negligence- declarations/assist counsel with pleadings 9th Circuit case
• 2016 ACL v Anacapa et al, Maryland Non-compete $25 million—assist with preparation (case open, depo, hearings, declarations), including MSJ, appeal, testify. Obtained 6-figure settlement.
• 2016 US v Babatunde Aniyi Criminal case related to ACL/Nigerian fraud ring-declarations, forensic research/consulting
• 2015-2016 ACL v AFS South Carolina $2.5m + Financial Breach of contract-assist with discovery, trial preparation (settled)
• 2016 Bankrate: US v Dimaria-consulting related to CFO fraud $25 million-consult
• 2017-2018 Flynn v Powermax: Oregon Employment (resume fraud, severance)-handled discovery, brokered settlement
• 2017 Synnex v AER-breach: consulting, brokered settlement
• 2018 Savi v Wackpro Quickbooks Fraud case CA-report
• 2018 S7 Group v Nextgen Tech-fraud, misrepresentation
• 2018 S7 Group v Westfield Mall-lost rent
• 2018 CSS v Elman: CPA malpractice case: CA-consulting expert
• 2018 Restaurant mall shut-down/eviction case: valuation for mediation (Dynasty v Vallco)
• 2018 NSC v Ania, Contra Costa, Damages calculation/report-restaurant fire-depo
• 2018 Fry v RMT-employment dispute: settled
• 2019 John Merrill v Track Group, Utah, CFO conduct/employment/duty-consult
• 2019 Jason Roussos v Pour Guys-Personal Injury case-report
• 2019 Fitbit v Jawbone, US DHS Criminal case-IP theft/consult
• 2019 Frances Ludmer v Canadian attorney-Fiduciary/attorney malpractice (underlying case lost wages)-consult
• 2019 Lui Family Trust v Anna Toy et al.-Partition, fraud, embezzlement-consult
• 2019 Magtarget v Darrell Saldana-IP/unnamed patent/shareholder dispute-consult
• 2019 Frans Simon Van Leeuwen v Tri City Storage-report on value of property for settlement
• 2019 Hunter v Gloria Allred, CBS News-Employment discrimination, malpractice consulting
• 2019 ACL Computers v Offit Kurman-attorney malpractice. Southern District NY, Federal
• 2019 Suri v Chop Chop Inc. Failed acquisition-damages calculation: deposition, hearing
• 2019 Ronald L. Kawczynski v. Robert J. Kawczynski, Elder abuse, conversion: real estate casedepo-federal
• 2019 Apt Frame vs. Net App: San Jose-lost profit/employment case, defamation, fraud -depo
• 2019 Soudah v Raymond Soudah San Mateo Superior Court-divorce, valuation
• 2019 Lotus Partners v Estate of Higo-Las Vegas, CPA malpractice
• 2019 Zapelli divorce, Santa Rosa
• 2019 Risby v Holland, PI
• 2020 Ambe v Air France-wrongful death-report
• 2020 Barbara Ruckert divorce, NY-forensic report/theft
• 2020 Berry v. Llamas-PI/lost income
• 2020 Kessell v. Chicology, Inc.-Employment/damages
• 2020 Mia Nellum v Gerald Nellum-divorce analysis
• 2020 McGinty v Ken's Tire-business shutdown-report
• 2020 ABC Wholesale, Inc. v. Bay Area Seafood Inc.-Accounting Referee, report
• 2020 Frank Devito v Holly Devito divorce-forensic analysis, valuation
• 2020 Harper Media, divorce-valuation
• 2020 Sirota/Gomez produce market-divorce
• 2021 Versant v Choi/Hi Tec Dental – Fraud/acquisition-report
• 2021 Silber v Henflings – Trademark theft, valuation
• 2021 Dental Force v Williams/Sherman/Du – IP theft, conversion/acquisition
• 2021 Phillips v Evangalista –UTSA, Conversion/acquisition-depo, trial
• 2021 Geokenetics $500 million Bankruptcy-Preference payment legal/financial analysis/testing
• 2021 Pazmany v Citibank, Bank of America-standard of care after embezzlement-depo
• 2021 Lavelle v McBride, Partition-forensic analysis
• 2021 Accordias Healthcare v David C. Rose and Rural Health Financial Services, LLC-non compete (hired by former judge of Supreme Court of Sri Lanka), valuation
• 2021 Mary Lea Balsley v Joseph Bernardasci, Personal injury
• 2021 Tatevosvan lost wages
• 2021 Andrews Int'l v Andrews Global-trade secret, accounting presentation/financials-depo
• 2021 Liberato Family trust: Jinkins v Sharpe-misappropriation, fiduciary, elder abuse-depo, trial
• 2021 Kittel v Santos: Partition, Arbitrator appointed forensic accountant
• 2021 Lloyds London v Zillow, Trulia: Class action subrogation-spoofed call software
• 2022 Happy Tax v Banyan Accounting et al: Defamation, securities violations-federal
• 2022 Dalkert v Waverly Place, Willow LLC-Cannabis Real estate partnership dispute-forensic analysis
• 2022 Super Natural v Penrose-lost profits
• 2022 Oasis Grill v Eric Ketchum-lost profits
• 2022 American Home Energy v AEC Yield Capital, Swiss Alp Asset Management Gmbh-factoring fraud-NY Federal court-consulting
• 2022 Hippity Hops Farm v Pecfa High Opportunity Growth Fund-Usury
• 2022 Stephen Porter v Fox et al. Fraud in partnership
• 2022 Aroz Ali v San Jose State University-employment
• 2022 In re Ordway marriage-valuation construction business, forensic work
• 2022 Singh v OPLS, Seanet, Lobstar Ventures- forensic
Affiliations
• FEWA, Forensic Expert Witness Association
• ACG, Association for Corporate Growth
• Accountant Lawyer Alliance
• Financial Executives International
• Provisors
• CalCPA, Forensic Services Section
• Gerson Lehrman Group-Council Member
• Consumer Attorneys of California-Member
Qualifications
• Certified Public Accountant (CPA, VA)
• Certified Valuation Analyst (CVA)
• Certified Fraud Examiner (CFE)
Awards & Honors
• Whitkin Award Law school (Contracts, Property)
• Delta Mu Delta, National Business Honor Society
• Dean's List 5+ times
Seminars & Training
• Various re tax, crowdfunding and Silicon Valley pitches to investors 1999, 2012-2017
• Toastmasters 2013-2016
• Radio show: Fraud in M&A 2017
• Webinar: Fundraising for startups 2018
• Valuations/Buy sell agreements: Bar Association, CPA/law firm 2018, 2019, 2020
• Damages engagements: Accountant Lawyer Alliance 2019
• Provisors-Attorney Affinity Group: Landmines in Buy Sell Agreements 2020
Publications
• Fraud Magazine-Preventing Fraud in Troubled Companies (3 articles)
• CPA Magazine: Peachtree software review
• SBA accounting software review
• Quickbooks, Netsuite review
• Small Business Accounting software review
• Fraud Magazine-2018/Nigerian fraud ring
• Various blogs on financial matters
Education
• CPA, 1999-Virginia, 2023-CA
• BS Management, Bucknell University
• Advanced coursework in accounting-University of Maryland
• Legal courses-Northwest California University School of Law
• JD, 2022-Santa Barbara & Ventura Colleges of Law
Articles Published by HP Accounting - Bob Bates, JD, CPA, CFO, CVA, CFE
Forensic Accounting and Auditing – Everything You Need to Know
With all the publicity given to forensic accounting these days it is thought of as a fairly recent aspect of the accounting profession. In fact, as a concept, it has been around for centuries which is often traced back as far as 3300-3500BC, the scribes of Ancient Egypt, who were the accountants of their day and were involved in the prevention and detection of fraud.
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Preventing Fraud in Troubled Companies
In an economic downturn, many companies begin to encounter issues with their primary lenders as a result of financial losses and diminishing liquidity.
Read Article