Yake & Associates, Inc., has provided litigation support for some of the most sophisticated and high profile court cases in the marketplace.

 

Fraud, theft, and misappropriation of corporate assets are complex investigations. Our investigators have demonstrated proven results because of their industry knowledge, decades of diverse experience in the resolution of corporate crime, prevention of business risks and attention to detail.

 

 

YAKE & ASSOCIATES, INC.

SERVICES: LITIGATION SUPPORT

 

Litigation Support & Legal Intelligence:

Yake & Associates, Inc. provides litigation support services that couples business intelligence with litigation support, which enables our clients to: leverage important findings into your litigation strategy, to enlarge your litigation strategies and protect your client’s valuable resources and corporate assets. Our services include:

  • Pre-litigation intelligence 

  • Assist in building the case

  • Assist in enlarging the case

  • Assist in determining whether sufficient facts exist to substantiate the claim

  • Identify, locate and interview sources of critical information

  • Uncover salient facts concerning opposition witnesses

  • Assess the strategic goals and financial commitment of the opposition

  • Assess whether opposing parties have sufficient assets to justify the expense of litigation

  • Deposition review & analysis: Prepare “Expert” written reports of friendly depositions and adverse depositions taken

  • “Expert” examination comparing “best practices” to the existing practices used / employed by the Company and its senior management

  • “Expert” examination of management histories, identifying past performance and involvement in adverse business practices that invariably lead to overstating inventory and “puffing-up” stock price.

  • “Expert” reports written for trial

  • Recoverable asset location

  • Witness location and identification  

  • Adverse witness assessment

  • Verification of facts 

  • Patent, trademark & copyright protection

  • Trade secret investigations

  • Flawed and unfair trade practice investigation

Yake & Associates, Inc., has provided litigation support for some of the most sophisticated and high profile court cases in the marketplace. We are known for providing our clients with the highest level of expert testimony, industry knowledge and business intelligence to resolve complex business issues that prevail in the retail industry, especially those regarding inventory matters. We are retained by corporate counsel(s), prominent Wall Street law firms, government enforcement agencies (the Internal Revenue Service and Securities and Exchange Commission) accounting firms, and boards of directors / audit committees.

 

Whether we are providing electronic evidence and expert testimony in litigation matters worldwide, or in your local area, our consultants have extensive field experience including: sophisticated and seasoned investigators, forensic accountants and accounting experts, and others that will work with the trial counsel to provide the most successful strategy.

 

Internal Investigations and Independent Factual Inquiries for Sensitive Issues and Integrity Related Problems: When senior management, boards of directors, their law or accounting firms suspect their company is being victimized by inappropriate conduct, they need to react quickly to confirm the suspicions, hold people accountable, safeguard the company's assets and preserve its reputation.

 

Experienced investigative fact-finding carried out by a respected, accurate, independent third party that will stand up to intense scrutiny is often the key to addressing sensitive corporate problems.  On many occasions Yake & Associates, Inc., has been asked to serve as an objective fact-finder whose work product is respected by governmental enforcement agencies. We have worked closely with the Internal Revenue Service and the Securities and Exchange Commission on fraud and tax cases. We have prepared expert reports to government agencies and to the United States Tax Court. On other occasions, Y&A's investigative services have been used by senior management and audit committees concerned about specific problems and integrity issues related to people, situations, and business practices.

 

Corporate Investigations/Financial Fraud Investigations: Current reports of losses due to theft, fraud, embezzlement and diversion of corporate assets have been estimated in the billions of dollars. Increasingly, companies are turning to sophisticated investigation firms for help in identifying fraud and determining the extent to which it is taking place. Although fraud, theft, and misappropriation of corporate assets are complex investigations, our investigators have demonstrated proven results because of their industry knowledge and decades of diverse experience and training in detection, resolution and prevention of business risks and corporate crime.

 

Turning a troubled company into a well-run, fiscally-sound and profitable business often requires an outside consulting firm with the investigative capacity to ferret out matters of business abuse, unearth pattern(s) of abuse, and determine the methods required to resolve pervasive issues including: improprieties, breaches of trust, fraud and other forms of business abuse.

 

Yake & Associates, Inc., is the only full service consulting, investigative, and executive search firm to provide such a complete range of services to the retail industry. We offer the knowledge and strategies that can put the right management in place, executives that understand their responsibility to the shareholders, creditors, employees and society at large, while ensuring the protection of retail boards, maximizing shareholder value and mitigating risk for all the equity participants.

 

We provide the following professional services:
• Fraud, Embezzlement, and Intellectual Property Theft
• Due Diligence Investigations
• Pre-Transaction Intelligence / Analysis / Investigations
• Post-Transaction Due Diligence Investigations
• Recurring Due Diligence Services
• Asset Searches

 

 

 

Asset Searches: Financial institutions, law firms and corporate creditors are plagued by borrowers, judgment debtors and bankrupt debtors who default on obligations but seem to maintain business interests and substantial personal lifestyles. 

 

Through its investigations into the holdings of such matters Yake & Associates, Inc., has developed sophisticated sources and methods to uncover fraudulent acts. Additionally, illegal and fraudulent acts, whether perpetrated by employees, vendors, contractors or strangers, pose grave threats to the integrity of corporations, organizations and professional service firms nationwide. Ultimately, those acts threaten not only to harm the financial performance of a business, but represent a substantial risk to an organization's strategies, business objectives and reputation.

 

We have expanded this offering to include working with trustees in bankruptcy and insolvency matters, creditors' committees, and lenders in workout and restructuring departments, litigators and bankruptcy attorneys. We conduct investigations, litigation support and searches for concealed or undisclosed assets. In still other contexts, clients are interested in a financial profile or asset analysis of a person in connection with a potential business relationship, lawsuit or internal investigations.

 

Our methods can be effective both in recovering assets and in bringing debtors to the negotiating table. Our strategies, sources and methods for identifying assets rely on a broad range of investigative techniques and on highly sophisticated use of electronic databases. Our researchers canvass the databases for any lead or indication of an asset belonging to subjects, suspects and/or related business transactions. At the same time, a team of investigators and forensic accountants can devise effective field investigative strategies that include searching through sometimes obscure, but publicly available local records, reviewing financial documents and conducting discreet interviews with people associated with the subject. Our investigators can also draw upon Y&A's network of confidential sources.

 


 

Due Diligence Investigations: The risks that accompany today's major financing decisions are great, and the amount of money at stake is enormous. Failure to conduct adequate due diligence investigations beyond the accounting and financial statements can subject the financial services industry and/or the acquiring company to substantial loss, risk, and exposure to liability. We combine on-site visitations, psychological/behavioral interview techniques with forensic accounting and expert examinations / investigations with the best of the more traditional due diligence methodologies.

 

We offer two distinct and crucial types of due diligence services:

Pre-Transaction Intelligence/Analysis: In the fast-paced competitive marketplace, acquisition decision-makers have a crucial need and critical requirement for reliable information / intelligence, analysis, insight, and industry knowledge. They need timely information regarding the strengths, vulnerabilities, and risks concerning the companies they intend to acquire or invest in. Most importantly, they need to know how convoluted business practices can plague the acquired / target company, especially those that cause net operating losses, mysterious margin fluctuations and erosion of shareholder value.

 

Post-Transaction Analysis: Post-transaction analysis provides the business principals/partners, lenders, underwriters, or concerned equity participants with a “weather report” concerning adverse conditions inside the acquired company. Without accurate and timely intelligence investors fly-blind—unable to make the most informed business decisions possible to protect investment capital.

 

Post-transaction analysis needs to be performed at the conclusion of significant transactions to identify problems that were not apparent in the initial due diligence process. Problems will not often surface until immediately after an acquisition or significant transaction. It is essential that rapid identification and reaction to those sorts of issues are resolved by a close examination of business practices to resolve the sources of net operating loss, mysterious margin erosion and to safeguard investment capital.

 

Fraud, theft, and misappropriation of corporate assets are complex investigations. Our investigators have demonstrated proven results because of their industry knowledge, decades of diverse experience in the resolution of corporate crime, prevention of business risks and attention to detail.

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Yake & Associates, Inc.    •     Email    •     207-985-6320    •     P.O. Box 42, Kennebunk, Maine 04043