David M. Beckman
CPA, CFF, CFE
David M. Beckman, CPA, CFF, CFE, is a Director in Anchin’s Litigation, Forensic and Valuation Services Group with more than 20 years of experience. A forensic accounting professional with strong technical and investigative skills, he has broad experience in advising and consulting on the application of accounting and auditing standards, investigating accountants’ malpractice, identifying and analyzing fraudulent financial reporting, analyzing contract and shareholder disputes, performing forensic investigations, and analyzing and quantifying economic damages in commercial and employment disputes. He has been qualified as an expert in New York State Supreme Court.
Adept in various stages of the litigation process, Mr. Beckman works on an array of complex litigation matters ― consulting on overall case strategy; advising on pleadings; preparing document requests; researching and analyzing generally accepted accounting principles (GAAP) and generally accepted auditing standards (GAAS); assisting with witness depositions and interviews; writing reports; preparing for and attending trial; and preparing trial demonstratives and exhibits. His work encompasses civil and criminal matters, arbitrations, mediations, and matters involving the SEC and other government agencies.
Mr. Beckman works with clients across a range of industries including real estate, construction, financing companies including securitizations, financial services, telecommunications, retail, transportation, manufacturing, professional services, and the food and beverage industry.
Prior to joining Anchin, Mr. Beckman worked as an audit manager and principal in the Litigation and Dispute Resolution group at a large regional NYC-based firm.
Mr. Beckman is a member of the American Institute of Certified Public Accountants (AICPA), the New York State Society of Certified Public Accountants (NYSSCPA), Litigation Services Committee of the NYSSCPAs, and the Association of Certified Fraud Examiners (ACFE). Mr. Beckman also serves as an audit committee member of the Congressional Medal of Honor Foundation.
- Litigation, Forensic and Valuation
- ACFE Report to the Nations 2018June 15, 2018
The Association of Certified Fraud Examiners (“ACFE”) recently published the Report to the Nations 2018 Global Study on Occupational Fraud and Abuse (the 2018 “Report to the Nations” or “2018 Report”), its tenth publication since 1996. For the past 20 years, the ACFE has reviewed thousands of cases of occupational fraud in which insiders stole billions of dollars from their employers.
- Causation Expert PrecludedApril 3, 2018
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group are often called upon to serve as expert witnesses to testify in regards to damages resulting from a liability that caused the damage. Without the causation being proved, damages would not be awarded to the plaintiff.
- Anchin LFVS BriefingMarch 12, 2018
The Litigation, Forensic and Valuation Services Group of Anchin, Block & Anchin is often retained by counsel to help compute or refute damages allegedly caused by a negligent act or breach of duty. However, in order for there to be damages, the plaintiff must demonstrate that there was a proximate cause between the alleged negligence and the alleged damages.
- Claim Dismissed Due to Lack of Determined ExpertiseFebruary 20, 2018
It is extremely important that the testifying expert is a technical expert in the field in which he or she is testifying with demonstrated work history.
- Arbitral Award Upheld Except for Post-Judgment InterestJanuary 5, 2018
Members of Anchin Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators in commercial disputes. Sometimes, the claimant in a case will ask for pre-award and/or post-judgment interest in addition to the principal amount of its claim. The arbitrator has to determine if such interest should be awarded and, if so, at what interest rate.
- Summary Judgement Denied on Warranty Breach Claim Where Expert Opinion Raised Factual DisputeOctober 11, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group are often called upon to serve as expert witnesses. As demonstrated in a case recently reported in the New York Law Journal, a testifying expert’s qualifications are extremely important as they go to the credibility of the witness’ testimony and cans sometimes have far reaching effects even before a trial begins.
- Arbitration Panel Did Not Exceed AuthoritySeptember 14, 2017
It is very difficult to have an arbitrator’s decision and award vacated. There are only a few circumstances in which a court will vacate an arbitrator’s decision and award. One of those circumstances is when the arbitrator or the arbitration panel exceeds authority.
- Suit Over Breach of Contract Stayed Pending ArbitrationAugust 3, 2017
When entering into a contract that contains a provision that requires arbitration for the resolution of disputes, the involved parties have, in fact, chosen to utilize an alternative dispute resolution to resolve conflicts instead of courtroom litigation. However, courts are supportive of arbitration as a means for resolving disputes and try, wherever possible, to uphold arbitration agreements.
- Arbitrator’s Award Over Gas Sensors Sold During ‘Earn Out’ Period ConfirmedJuly 6, 2017
Although arbitration awards can be challenged in court, these awards will only be overturned by the court in rare and limited cases. Courts will vacate or refuse to confirm an arbitration award if the award is the product of fraud, corruption, or serious misconduct by the arbitrator.
- Court Denies Plaintiff’s Motion to Set Aside Jury VerdictMay 30, 2017
Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group is often retained to determine damages in cases involving a breach of contract, a business interruption, a personal injury, a wrongful termination, a wrongful death, or other cases where damages are incurred by one party as a result of the actions of another party.
- Arbitration Compelled After Parties Did Not Try to Arbitrate in Good FaithApril 14, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators. Alternative dispute resolution is an increasingly popular alternative to traditional litigation. Courts are very reluctant to allow parties to an agreement to litigate if an agreement between the parties requires that disputes be arbitrated.
- Husband Fails to Show Circumstance Change and Downward Modification of Support DeniedApril 4, 2017
Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group is often retained to assist attorneys who are handling matrimonial and family law matters that involve financial considerations. At times, counsel requires our assistance in arguing against one spouse’s attempt to have a downward modification in maintenance and/or child support.
- Petition to Vacate Arbitration Award DismissedMarch 16, 2017
Members of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group often serve as arbitrators. Alternative dispute resolution is an increasingly popular alternative to traditional litigation. Although the courts may be asked to review the validity an arbitrator’s award, unless there are unusual and extenuating circumstance, they will rarely overturn such awards.
- Conflicting Expert Opinions Preclude Summary Judgment DismissalMarch 7, 2017
Frequently, as part of our litigation, forensic and valuation services practice, we are called upon to issue expert reports. As can be imagined, it is common that the opinions expressed in the expert reports for each side are very different (reasonable professionals can disagree, right?). However, it is interesting to consider how much of an impact those different opinions can have on the case process.
- Defendant’s Participation in Litigation Waives Right to Compel ArbitrationFebruary 16, 2017
In our litigation, forensic and valuation services practice, we are often involved in cases where there is a question of whether or not an arbitration provision in an agreement can be enforced.
- Arbitration Panel’s Award Determined to be a Reasoned AwardFebruary 8, 2017
When a member of Anchin, Block & Anchin’s Litigation, Forensic and Valuation Services Group serves as an arbitrator, one of the things he or she needs to consider is whether his or her decision should be contained in a simple award or in a reasoned award; if the latter, how much detail needs to be included in the reasoned award.
- Prejudgment Interest Computed from Date of Damages Verdict, Not From Date of Liability StipulationJanuary 3, 2017
The litigation consultants and forensic accountants in Anchin’s Litigation, Forensic and Valuation Services Group are often confronted with the calculation of prejudgment interest. When dealing with the issue of prejudgment interest, a critical question that must be answered is from what date is the prejudgment interest computed.
- Calculating Lost Profits in Commercial Litigation
Lost profits (or lost earnings) are economic damages suffered by a plaintiff as the result of a defendant’s harmful act. Economic damages are measured as the earnings the plaintiff would have received had the harmful event not occurred less the earnings the plaintiff actually received or will receive after the harmful act.
- Hiring a Forensic Accounting or Business Valuation Expert: What You Need to Know
The following guidance is intended to provide some clarity in evaluating an expert’s credentials and how they may fit in with a particular area of expertise an attorney requires for a particular matter.
- Understand the Fraud Triangle to Help Combat Occupational Fraud
Occupational fraud costs companies an estimated 5% of their revenue every year. On a global scale, that represents approximately $4 trillion lost annually. Despite these figures from the Association of Certified Fraud Examiners’ 2018 Global Study On Occupational Fraud And Abuse (ACFE Study), many companies fail to incorporate comprehensive policies and procedures to prevent, detect and mitigate fraud. Gaining an understanding of the Fraud Triangle can help management, accountants and counsel develop proper internal controls to help combat fraud in the workplace.