Valuation, Fiduciary and Related Services
Bates Group offers a number of related services, including valuation services and numerous fiduciary services, including corporate monitorships, turnaround and restructuring, trustee in bankruptcy and state and federal court receiverships.
Bates Group’s experienced team of valuation experts, which includes experts and consultants carrying the Certified Valuation Analyst and Chartered Financial Analyst designations, can help price any asset. Our deep knowledge of valuation methodologies and the nuances that affect market prices equips Bates Group’s consultants and experts to handle a wide range of valuation requests. Our leading experts in this field are often called upon to provide estimates as to the correct valuation approach in many different types of legal proceedings, given our deep experience in this area. We can offer perspectives provided by individuals with high levels of both academic and practitioner experience in this area.
Bates Group has considerable experience serving as a fiduciary in a number of different roles, including:
- Federal Equity Receiverships - A federal equity receiver is an independent third party appointed by a federal district court at the request of a regulatory agency to prevent irreparable harm by the defendant. Once appointed, the receiver takes on numerous responsibilities, which include protecting and preserving assets, locating additional assets through asset tracing, third party litigation, clawing back ill-gotten gains, marketing and liquidating estate assets, establishing claims procedures, and developing a distribution plan to provide restitution to victims.
- Corporate Monitors – Settlements between companies and regulators frequently require the appointment of a corporate monitor to ensure compliance with the terms of the settlement. The appointment of a corporate monitor provides a company with the necessary time to implement corrective actions pursuant to a settlement with the regulator in place of more severe punishment or fines.
- Turnaround and Restructuring – In order to provide assurance to customers and creditors, a turnaround and restructuring professional is brought into a company to help identify key business risks and opportunities, review and stabilize financial operations, provide liquidity projections and to negotiate with lenders to restructure debt.
- Trustee in Bankruptcy - A trustee is an independent third party appointed to administer a bankrupt entity for the benefit of creditors. The duties include marshalling, protecting, preserving and administering assets.
- State Court Receiverships - A state court receiver is appointed by the court to take possession of specified assets, including property or businesses, and administer those assets in accordance with court orders for the benefit of the parties involved. State court receiverships are employed as an alternative to bankruptcy, in resolving business disputes, enforcing judgements or under state regulatory actions.
Bates Group has the skills, insight and experience to assist investors by quantifying damages, tracing assets to provide restitution and working with regulators/investigative and law enforcement agencies/insurers to assist in fact finding, identifying internal control failures and assessing their resultant impact on the investors and financial institutions. This includes working with either the investors or class action counsel to prepare proof of claims, assisting in the accurate and timely filing of appropriate tax forms for losses, and other necessary support roles and activities.
Valuation, Fiduciary and Related Services
- Trustee for the Department of Justice in United States Bankruptcy Court. A chain of 17 gas stations and convenience stores in bankruptcy that required renegotiating leases, selling properties, fixing DEQ issues and working with vendors to ensure product availability.
- Monitorship for the Securities and Exchange Commission in United States District Court. Hedge fund manager accused of using clients’ money to pay for personal expenses.
- Monitorship and Receivership for the Securities and Exchange Commission in United States District Court. Two farmers from a rural part of the state were accused of using a Ponzi scheme, masked as a distressed merchandise retailer, to steal nearly $45 million dollars from over 10,000 investors from the United States and Canada.
- Receivership for the Department of Justice in State Circuit Court. A city employee was accused of embezzling nearly $2 million from city bank accounts.
- Receivership for the Charitable Division of the Department of Justice in State Circuit Court. The director of a non-profit that provides educational opportunities was accused of embezzling from foundation accounts and inventory.
- Receivership for the Federal Trade Commission in United States District Court. A business purporting to help consumers that were facing foreclosure was accused of charging large fees and not providing the services promised.
- Receivership for the Federal Trade Commission in United States District Court. A business offering credit card consolidation services was accused of charging large fees while failing to assist most consumers, leaving them in more debt than before working with the company.
- Receivership for the Securities and Exchange Commission in United States District Court. Investment advisor that was accused of using a Ponzi scheme to steal $36 million from less than 100 investors.
- Receivership for the Securities and Exchange Commission in United States District Court. A large operator of retirement care facilities in 34 states was accused of defrauding, in a Ponzi-like scheme, over 12,000 investors and creditors for $1.1 billion in claims.
- Receivership for the Securities and Exchange Commission in United States District Court. An operator of medically integrated health clubs was accused of selling unregistered securities that ultimately raised over $74 million from 5,000 investors, with most of the money being used to finance a grossly extravagant lifestyle for the accused fraudsters.