Mitchell R. Davidson

New York, New York
Las Vegas, Nevada
London, United Kingdom

Applies unique language skills to cross-border investigations involving foreign prosecutors and multiple jurisdictions. Advises on matters involving control testing, accounting documentation review and analysis, and forensic interviews in English, Spanish, and Portuguese. Assists Counsel in litigation and arbitral matters (damage quantum, rebuttals, accounting-based argumentation, cash flow modeling, etc.)

Expertise: Global Investigations / Financial Forensics

[Compliance Monitorship / CONFIDENTIAL / South America]

Under the direction of a Monitor appointed by the U.S. Department of Justice, helped perform a risk-based control assessment and improvement plan for a major multinational company in Brazil and other South American countries. Communicated with Management in English, Spanish, and Portuguese.

[Internal Investigation / Hospitality & Tourism / USA]

Responded to allegations of performance metric manipulation at a leading hospitality & tourism business. Compared internally calculated measures to ones externally reported. Identified errors in the underlying calculations which drove the company’s accounts payable management procedures. Offered suggestions to make performance reporting more transparent.

[Internal Investigation / Manufacturing / USA]

Responded to a whistleblower letter at one of the country’s leading chemicals manufactures. Collaborated with team to perform risk-based transaction testing, leading to the discovery of 10+ instances of inappropriate accounting that affected reported EPS. Worked with investigations attorneys, management, and external audit to quickly address findings. The SEC has proposed a settlement with the company that included fraud charges but no monetary penalty.

[Litigation Support / Oil & Gas / USA & Asia]

Provided accounting guidance interpretation and economic analysis for a $80M+ post-acquisition purchase price dispute in the Oil & Gas industry. The matter required extensive research surrounding the Industry’s use of post-closing adjustments to working capital under various transaction types, including Completion Accounts, Locked-box, and according to the unique terms of the Share Purchase Agreement (SPA). Responded to opposing expert’s claims with clear, articulate, and intellectually consistent rebuttals.

[Litigation Support / Pharmacy / USA]

Supported the testifying expert in developing analyses and supporting schedules for a contract dispute between two parties in the fertility drug and specialty pharmacy space. Calculated lost profits using a combination of historic profitability and market forecasts for this niche but high-growth industry.

[Internal Investigation / Manufacturing / USA & Mexico]

Responded to allegations of inappropriate capitalization of expenses at a US-based manufacturing company. Conducted a targeted review of the accounting records in question, as well as records in the company’s other manufacturing locations around the US and in Mexico. Reviewed the Company’s recalculation of certain balance sheet and expense accounts in preparation for SEC disclosure, restatement, and 10-K filing requirements. Provided documentation to the SEC as requested through counsel.

[Litigation / Heavy Machinery / USA & Europe]

Developed accounting-based argumentation for the Buyer in a $200+M post acquisition purchase price dispute where the share purchase agreement’s accounting language was central to the litigation. Provided supporting schedules and relevant guidance from US GAAP to effectively refute the Seller’s positions. Drafted rebuttals in collaboration with the Buyer’s two (top) law firms and a Big-4 advisory team.

[Internal Investigation / Oil & Gas / USA & Middle East]

Assisted counsel with expense report testing for a US Oil & Gas company with FCPA exposure in the Middle East. Reported findings, testing statistics, and high-risk areas to assist counsel’s deeper investigation.

[Bankruptcy / Oil & Gas / USA]

Developed an Excel-based asset recovery model for a bankruptcy client in the oil & gas industry. Model showed the amount of financial recovery a creditor could expect given their claim class and the value of assets available for distribution. The recovery model was presented to members of the restructuring committee, legal counsel, DIP lenders, and other members of the advisor group.

[Litigation / PE Fund / USA]

Supported the testifying expert in developing opinions regarding sources and uses of cash in a fraud matter with SEC exposure. Developed a Sankey diagram showing the usage of funds diverted away from investors and used for unauthorized purposes.

[Litigation / Financial Services / Canada]

Supported the testifying expert in developing opinions and supporting analyses for a commercial dispute between two Canadian financial institutions following an acquisition that never materialized. Prepared schedules to rebut assertions made by other parties in the litigation.

[Litigation / Grain & Feed / Europe & Brazil]

Performed the QC check for the report and supporting schedules related to a post-acquisition purchase price dispute between a Brazilian and European entity.

[Compliance Program Enhancement / Medical Device Manufacturer / USA]

Used unstructured interview results and management presentations to perform a keyword density analysis and produce a Risk Inventory list and a Risk Register for a leading medical device manufacturer. Matched identified risks to existing (and a few new company-specific) risk categories. Presented results to Management as part of an enhanced, COSO-centered risk management program.

[Litigation / Hedge Fund / USA]

Assisted the testifying expert is developing opinions and supporting analysis related to SEC litigation against defendants in the gem & fine mineral / hedge fund space.

[Internal Investigation / Oil & Gas / USA]

Aided counsel in investigating allegations of corruption stemming from a US entity’s work with a former president of a South American country. Allegations originated from cross-border regulators sharing information about suspicious transactions and relationships. Produced a “flow of funds” diagram showing the sources and uses of cash.

[Arbitration / Financial Services / South America]

Assisted counsel in estimating the value of contingent liabilities that should have been disclosed (but were not) in an acquisition between two Paraguayan banks. Reviewed rulings from the Paraguayan Supreme Court and compared internal calculations against information that was known or knowable at the time of the acquisition.

[Arbitration / Construction / South America]

Assisted counsel in quantifying losses to the developer of a South American airport resulting from the significant decline in passenger travel because of the COVID-19 pandemic and associated travel restrictions. Structured case to assisted the tribunal in restoring the economic equilibrium of the original contract.

[AML Program Enhancement / Financial Services / Central America]

Performed a KYC and compliance program enhancement review for a bank following allegations of money laundering by some of its clients. Conducted management interview (in Spanish), performed transaction testing, and documented key improvement areas to strengthen controls.

[Arbitration / Financial Services / Central America]

Assisted counsel in investigating and quantifying harm associated with the expropriation of several businesses owned and operated by a former South American president and his family. Worked with an OFAC expert to understand harm attributable to being listed on the US sanctions list vs. the measures (expropriation) of the home country.

[Internal Investigation / Healthcare / USA]

Was engaged to conduct an investigation following a series of improper transactions and the termination of a major hospital’s General Counsel. Reviewed transactions for undisclosed business relationships and travel patterns that ultimately harmed the employer.

[Investigation & Litigation / Crypto Startup / USA]

Performed an investigation unusual trading activity at a Blockchain startups following allegations of embezzlement by an executive insider. Helped prepare statements of fact for counsel, which were admitted into the record. Structured case to identify on-chain transactions, off-chain transactions, related parties, collusion, likelihood of market-making activity, funds tracing, asset tracing, and the like.

[Arbitration / Mining / South America]

Assisted a foreign government with rebutting allegations of expropriation from a foreign investor group managing a $300 million capital investment program. Showed that the local entity’s financing structure, liquidity crisis, and its independent ability to secure financing caused the entity’s downfall, not the actions of the foreign government.

[Arbitration / Mining / South America]

Assisted a foreign government in countering damage allegations by a foreign investor group resulting from allegedly inappropriate tax assessments. Identified flaws and inconsistencies in Claimant’s damage model, reducing damages by $10+ million.

[Litigation / Cannabis Operations / USA]

Was engaged by an investor group to respond to allegations of misappropriation by former members of the group. Analyzed the flow and use of funds from various entities related to the legal sale and distribution of cannabis. Successfully rebutted the opposing expert’s report, which mischaracterized basic accounting standards.

[HNW Investigation / Real Estate / USA]

Assisted a high net worth individual by performing a 20+ year forensic review of a joint venture following allegations of impropriety. Compared disbursement checks to accounting and tax records. Identified several hundred transactions with unsupported business purpose.

[Investigation / Commercial Real Estate / USA]

In 1.5 weeks time, organized a team of 21 consultants to evaluate allegation of inappropriate accounting at a leading medical properties owners. Evaluated allegations of round-tripping, inappropriate capitalization of expenses, use of straight-line rental revenue recognition, making CapEx support payments, and other allegation of “financial accounting gimmicks”. Communicated results to Big-4 auditors.

[Investigation / Medical Devices / USA]

Evaluated allegations of inappropriate accounting related to revenue recognition and revenue guidance for a US issuer. Tested transactions according to ASC 606 guidance; analyzed internal forecasts vs. revenue guidance issued to the public. Lead efforts to report findings to Counsel, the Audit Committee, and the company’s Big-4 audit firm.

[Investigation / CONFIDENTIAL / CONFIDENTIAL]

Investigated corruption allegations against a former South American president.

Los Angeles, California

Performed ad hoc forensic accounting work while learning from more experienced professionals

Phoenix, Arizona

[SUMMARY]

Applies specialized accounting knowledge, investigative skills, and effective communication skills to legal matters. Helps analyze evidential matter for discovery in court and other highly scrutinized venues. Always maintains high ethical standards and a long-term perspective

[Market Research / Life Sciences / Latin America]

Consulted as a language expert for a client in the Life Sciences industry. Interviewed doctors throughout Mexico and South America (by phone) in both Spanish and Portuguese. Conducted research and documented valuable information about how new drugs and medical devices brought to market in Mexico

[Financial Restatement / CONFIDENTIAL / USA]

Helped a Silicon Valley software company prepare to restate earnings after being delisted from the NYSE. Organized contracts into proper accounting periods and identified incomplete financial records. Conducted other forensic analyses to prepare for restatement

[Litigation / Construction / South America]

Helped a US-based asset management company prepare financial analyses to substantiate a loss at its $500 million South American construction site. Structured case around nonperformance, defective performance, delay of performance, and other breach of contract claims. Case was entirely in Spanish

[Litigation / Construction / South America]

Aided arbitrators in assessing the validity of a $300M Latin American construction claim arising from labor inefficiency, employee fatigue, and other qualitative variables.

[Litigation / Construction / Caribbean]

Successfully aided a structural steel contractor in rebutting allegations of schedule delay and cost overruns when it was terminated from a high-profile Latin American construction project. Plaintiff settled for $3M after alleging $20M in damages, effectively saving our client $17M.

[Internal Investigation / Hospitality & Tourism / USA]

Was engaged to help reconcile Hospitality source documents to invoices for a $3 million overbilling scheme with Labor Law implications. Worked with senior management to identify inadequate segregation of duties and other internal controls that, when properly implemented, prevent fraud and abuse. Turned over the results of the investigation to the FBI for prosecution.

[Translation / CONFIDENIAL / USA]

Was engaged to perform a translation fidelity review of a 30+ page valuation report that was originally translated from English to Spanish.  Ensure that proper word choice, accuracy, and completeness were preserve for the Spanish-speaking Board of Directors client.

[Insurance Claim / Hospitality & Tourism / Mexico]

After Hurricane Odile, helped two leading hotel chains quantify catastrophic losses at their Los Cabos, Mexico, resort sites. Built an Excel-based loss accounting system and calculated $1M+ business interruption losses associated with this named storm.

[KYC Investigation / Financial Services / Canada, Europe, & Central America]

Conducted post-facto KYC (Know Your Client) due diligence assessments for a major global wealth manager linked to the Panama Papers. Evaluated various offshore structures for potential tax evasion, money laundering, and terrorist financing risks.

[Internal Investigation / Healthcare / USA]

Responded to whistleblower allegations at a major hospital network. Investigated allegations that the CAO engaged in various practices that enriched her personally through contract manipulation, related-party transactions, and other unauthorized practices. Documented 30+ control recommendations and the results of many POC (Proof of Cash) bank reconciliations.

[Internal Investigation / Private Funds / USA]

Helped a major private equity firm respond to an unexpected IRS subpoena. Compared bank statement transactions to accounting records and tax filings (Form 1065 and individual K-1’s) in order to identify undisclosed sources and uses of cash that may have triggered the IRS investigation.

[Bankruptcy / Restaurants / USA]

Worked under a court-appointed Receiver to take control of operations, monitor cash, plan distributions, and successfully sell the assets  of a 150-store food and beverage chain going through bankruptcy. Helped build an Excel model to monitor the timing of cash payments and receipts, and maintain a 13-week cash flow forecast.