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2026-01-15 13:00:00

2 Credits

Financial investigations and fraud litigation essentials: forensic accounting methods, pleading requirements, burden of proof, expert testimony, and available remedies.

2026-01-15 13:00:00

Financial investigations and fraud litigation essentials: forensic accounting methods, pleading requirements, burden of proof, expert testimony, and available remedies.

2026-01-15 13:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn how forensic accountants conduct financial investigations, detect fraud through the fraud triangle framework, and prepare expert testimony for litigation.

What will you gain

Attorneys will gain practical strategies for pleading fraud claims with particularity, selecting appropriate forums, engaging experts early, and pursuing available remedies.

Forensic Accounting
AICPA standards require objectivity, professional competence, and sufficient relevant data for investigations.
Fraud Detection
The fraud triangle involves motivation, opportunity, and rationalization in virtually every fraud.
Expert Testimony
Experts cannot conclude fraud occurred; they opine on what happened and controls thwarted.
Pleading Requirements
Fraud claims require particularity: plead who, what, when, where, and how specifically.
Burden of Proof
Legal fraud may require preponderance; equitable fraud generally requires clear and convincing evidence.
Available Remedies
Remedies include compensatory damages, punitive damages, rescission, constructive trust, and disgorgement.

What will you learn

Attorneys will learn how forensic accountants conduct financial investigations, detect fraud through the fraud triangle framework, and prepare expert testimony for litigation.

What will you gain

Attorneys will gain practical strategies for pleading fraud claims with particularity, selecting appropriate forums, engaging experts early, and pursuing available remedies.

Agenda

Session 1

Financial Investigations as Part of Litigation Engagements

Break

Afternoon Break and Networking Opportunity

Session 2

Litigating Financial Fraud Claims and Remedies

clock 1:00 pm - 2:00 pm EST

Financial Investigations as Part of Litigation Engagements

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

This session explores the essential components of forensic accounting in litigation, including Kovel agreement considerations for privilege protection and secure handling of discovery materials. Attendees will learn about fraud types, the fraud triangle of motivation, opportunity, and rationalization, and how forensic accountants develop and test theories of financial misdeeds. The distinction between consulting experts and testifying experts will be examined alongside expert testimony requirements under Federal Rule of Evidence 702.

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

clock 2:00 pm - 2:10 pm EST

Afternoon Break and Networking Opportunity

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

A brief intermission allowing attendees to refresh and reflect on the forensic accounting concepts covered. This break provides an opportunity to network with colleagues and prepare for the litigation-focused second session.

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

clock 2:10 pm - 3:10 pm EST

Litigating Financial Fraud Claims and Remedies

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

This session covers the spectrum of financial fraud claims including legal fraud, equitable fraud, and constructive fraud, along with their distinct elements and burdens of proof. Attendees will examine procedural hurdles such as heightened pleading requirements, strategic considerations for jury versus bench trials, and the full range of available remedies from compensatory damages to rescission. The session concludes with expert witness strategies and practical litigation approaches for successfully prosecuting or defending fraud disputes.

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

01 03
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Thomas Reck

Withum Smith+Brown

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Hon. Edward A. Jerejian, P.J.Ch. (Ret.) is Of Counsel and Chair of the Alternative Dispute Resolution Practice, with nearly two decades on the New Jersey Superior Court and deep expertise in high-stakes financial and business litigation, particularly disputes involving alleged financial fraud and misconduct.

Recognition & Leadership

Widely recognized for his business acumen and his ability to simplify complex legal and financial issues for litigants and counsel alike.

Experience

Served for almost seven years as Presiding Judge of the Bergen County Chancery Division, supervising and deciding complex General Equity and Probate matters. Before joining the bench in 2006, he practiced for two decades in New Jersey civil litigation. Previously served in the Criminal and Family Divisions. Now serves as a neutral mediator and arbitrator for financial-fraud and commercial disputes.

Hon. Edward A. Jerejian

Cleary, Giacobbe, Alfieri & Jacobs

Hon. Edward A. Jerejian, P.J.Ch. (Ret.) is Of Counsel and Chair of the Alternative Dispute Resolution Practice, with nearly two decades on the New Jersey Superior Court and deep expertise in high-stakes financial and business litigation, particularly disputes involving alleged financial fraud and misconduct.

Recognition & Leadership

Widely recognized for his business acumen and his ability to simplify complex legal and financial issues for litigants and counsel alike.

Experience

Served for almost seven years as Presiding Judge of the Bergen County Chancery Division, supervising and deciding complex General Equity and Probate matters. Before joining the bench in 2006, he practiced for two decades in New Jersey civil litigation. Previously served in the Criminal and Family Divisions. Now serves as a neutral mediator and arbitrator for financial-fraud and commercial disputes.

Thomas Reck

Withum Smith+Brown

Thomas J. Reck is a Partner in Withum’s Litigation, Valuation, and Insolvency Group and a seasoned forensic accountant who concentrates on matters involving alleged financial fraud and complex commercial disputes, bringing investigative accounting and valuation expertise to cases involving financial records.

Education & Credentials

New Jersey CPA Accredited in Business Valuation (ABV) and Certified in Financial Forensics (CFF).

Recognition & Leadership

Testified as a recognized financial expert in the Superior Court of New Jersey. Known as a trusted litigation consultant and expert witness for matters involving financial fraud, economic damages, and complex business disputes.

Experience

Work includes forensic accounting investigations, tracing and reconstructing funds, cash-flow and lifestyle analyses, and valuation of businesses or ownership interests. Regularly supports counsel in white-collar criminal matters and civil cases. Before joining Withum, was a partner at Morrison & Company, a forensic accounting firm. Industry background spans real estate, professional services, healthcare, retail, nonprofits, and more.

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Why Attend

Why this 
program matters

Understanding financial fraud investigation and litigation is essential because attorneys must master forensic methodologies, evidentiary standards, and specialized pleading requirements to effectively prosecute or defend complex fraud claims.
$12B+
Consumers reported losing over $12.5 billion to fraud in 2024, representing a 25% increase over the prior year.
5%
Organizations lose an estimated 5% of revenue to fraud annually according to the ACFE’s 2024 Report to the Nations global study.
43%
Whistleblower tips detected 43% of occupational frauds, more than three times any other detection method.
50%+
More than half of occupational frauds occurred due to lack of internal controls or override of existing internal controls.

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