Member Bio
William N. Holmes
Managing Partner
CURRICULUM VITAE
EDUCATIONAL BACKGROUND
Bachelor of Science – Business Administration & Accounting
Oregon State University
PROFESSIONAL STATUS
Managing Partner, Holmes & Company, LLP, Portland, Oregon
Certified Public Accountant, Oregon
Member, American Institute of Certified Public Accountants (AICPA)
Member, Oregon Society of Certified Public Accountants (OSCPA)
Member, DRI
PROFESSIONAL HISTORY
Mr. William N. Holmes is a seasoned litigation support professional focused on fraud, economic damages and accounting malpractice matters. He has significant experience managing complex litigation cases involving numerous professionals and issues for both plaintiff and defense counsel.
Mr. Holmes currently serves on the Oregon Board of Accountancy Complaints Committee (BOACC), has written articles on the standard of care for accountants and has been an invited speaker at national litigation conferences involving accounting malpractice and advanced damages topics.
Mr. Holmes began his career in an international accounting firm and is the Managing Partner of a mid-sized full-service Certified Public Accounting and Litigation Consulting firm. He has approximately 24 years of experience in the areas of accounting, auditing, financial forensics, damages and taxation.
Mr. Holmes serves as a subject matter and damage expert in complex litigation cases for leading trial lawyers across the country in matters involving anti-trust (monopoly), bankruptcy, class action lawsuits, commercial contract disputes, corporate veil issues, construction defects, criminal defense and “white–collar” crime issues, embezzlement and misappropriation, employment disputes, financial crisis and insolvency issues, intellectual property issues, personal injury and lost wages, professional malpractice and accountants’ liability, securities fraud, shareholder rights, abusive tax shelters and whistle-blower (Qui-tam) issues.
Industries include: agriculture, airlines/helicopters, assisted living facilities, construction, distribution, employee benefit plans, financial institutions, food processing, HOAs, hotels, venture funds, manufacturing, mortgage lending, music/entertainment, not-for-profit, professional sports franchises, property management, publishing, real estate development, retail, services/temp staffing, software/technology, TICs, and transportation.
CASE HISTORY
Professional Malpractice (Synectic Funds, et al. v. Arthur Andersen/Geffen Mesher/Craig Berkman, et al.): Acted as lead consulting expert to plaintiff counsel for analysis of claims and damages against accounting firms involved in services provided to venture capital funds. Investigated fraudulent activities and transactions, analyzed accountants’ working papers, analyzed applicable accounting standards and standard of care violations, prepared damage models, mediation presentation, trial preparation, prepared cross-examination of defense experts, and punitive damages settlement analysis. Result: Approximately $75 million in pre-trial settlements and verdicts, including punitive damages.
Professional Malpractice (Wholesale Distributor vs. Accounting Firm): Expert witness for plaintiff counsel. Analyzed financial statement audit and related violations of standard of care. Prepared information for mediation, discovery assistance and case evaluation.
Professional Malpractice (Wholesale Distributor vs. Accounting Firm): Expert witness for defense counsel. Analyzed alleged violations of standard of care for income tax preparation. Prepared information for case evaluation and discovery.
Professional Malpractice (Individual vs. “Big-4” Accounting firm): Lead consulting expert for plaintiff counsel related to standard of care violations in tax shelter case.
Criminal Defense (United States of America vs. Undisclosed Individual): Expert witness for defense counsel in trial related to public company executive accused of fraud and lying to public company auditors. Analyzed multiple complex real estate purchase and sales transactions, adherence to Generally Accepted Accounting Principles (GAAP), analyzed standard of care violations of “Big-4” accounting firm in connection with the audit of financial statements, reviewed and analyzed numerous depositions, and provided court testimony.
Criminal Defense (United States of America vs. Undisclosed Individual): Expert witness for defense counsel in trial related to public company executive accused of fraud and lying to public company auditors. Analyzed multiple complex real estate purchase and sales transactions, adherence to Generally Accepted Accounting Principles (GAAP), analyzed standard of care violations of “Big-4” accounting firm in connection with the audit of financial statements, prepared for, reviewed and analyzed numerous depositions, and provided trial preparation support.
Criminal Defense (United States of America vs. Undisclosed Individual): Expert litigation consultant and witness for defense counsel in trial related to embezzlement from major United States financial institution. Assisted counsel in analysis of transactions, forensic review of multiple bank accounts and real estate transactions, prepared damage report, conferred with U.S. Assistant Attorney, United States judge, Federal Bureau of Investigation and bank executives.
Embezzlement (Construction Company vs. Chief Financial Officer): Expert witness and consultant for plaintiff counsel representing construction company that experienced embezzlement from its Chief Financial Officer and minority shareholder. Provided forensic analysis of transactions, prepared damage report, negotiated with defense counsel and recovered amounts stolen.
Intellectual Property (Photography Company. vs. Publishing Company): Expert damage witness for plaintiff counsel in trial related to infringement on intellectual property rights. Reviewed financial statements and related financial information of defendant company for damage claims.
Anti-Trust (Competitor Company vs. Anti-Competitive Company): Expert damage witness for plaintiff counsel in “monopoly” and anti-trust litigation. Prepared damage model totaling approximately $60 million using anti-trust damage model theories for use in anti-trust (“monopoly”) claims, consulted with counsel in preparation for settlement discussions and provided trial preparation.
Employment (Undisclosed Individual vs. The City of Merrill): Expert damage witness for plaintiff counsel in wrongful termination case. Prepared damage model, provided trial preparation and testified in federal court.
Employment (Former Chief Financial Officer vs. Former Employer): Expert consultant for defense counsel in wrongful termination claim by former Chief Financial Officer. Review of work product prepared by CFO, evaluated accuracy of work product, evaluated failure to follow professional standards, provided consultation related to settlement.
Shareholder Rights (Minority Shareholder vs. Undisclosed Company): Expert consultant for plaintiff counsel in minority shareholder lawsuit alleging shareholder oppression. Prepared transaction reports and financial statements for litigation, mediation reports, consulted with business valuation expert and in settlement discussions and negotiations, and was a mediation participant.
Shareholder Rights (Minority Shareholder vs. Undisclosed Company): Expert consultant for plaintiff counsel in minority shareholder lawsuit alleging fraud, usurpation of corporate opportunity, and shareholder oppression. Prepared transaction reports and financial statements for litigation, mediation reports, consulted with business valuation expert, participated in settlement discussions and negotiations.
Shareholder Rights (Minority Shareholder vs. Undisclosed Company): Expert consultant for plaintiff counsel in minority shareholder dispute alleging breach of contract and fraud. Reviewed financial statements, evaluated accounting principles in accordance with contract requirements, identified errors and irregularities in financial statements, determined material understatement in shareholder stock valuation formula, participated in negotiation with opposing expert and defense counsel.
Bankruptcy (U.S. Bankruptcy Trustee vs. Undisclosed Service Company): Assisted defense counsel for service company accused of wrong-doing and fraud. Reviewed financial information, prepared subpoena requests, analyzed Trustee claims, and prepared trial exhibits in support of defense.
Construction Developer/Home Owner Association (Undisclosed Home Owner Association vs. Commercial Construction Developer): Expert witness for defense counsel in lawsuit by HOA alleging fraudulent conveyance, negligence and breach of contract. Evaluated financial statements and transactions. Analyzed claims and provided support for trial preparation.
Commercial Contract Disputes (Undisclosed Seller vs. Undisclosed Buyer): Expert witness for defense counsel in connection with business sale where seller alleged wrong-doing by buyer that caused the failure of seller’s other remaining business. Analyzed financial statements, purchase and sale contracts, and lending agreements to illustrate that failed business was no fault of buyers. Prepared attorneys for depositions, prepared “fault” model, and provided analysis used in settlement.
Commercial Contract Disputes (Undisclosed Buyer vs. Undisclosed Seller): Expert damage witness for plaintiff counsel in connection with business sale where plaintiff alleged wrong-doing by seller (Fortune 500 Company). Analyzed financial statements, purchase and sale contracts, and prepared damage model.
Commercial Contract Disputes (Undisclosed Restaurant vs. Consultant): Expert witness for defendant in connection with termination of contract and allegations of fraud and embezzlement by consultant. Analyzed transactions and financial statements and provided trial preparation.
INDUSTRY EXPERIENCE
Airlines Not-For-Profit Retail
Construction Manufacturing Services
Distribution Mortgage Lending Publishing Financial Institutions Transportation Music & Entertainment
Food Processing Software & Technology