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MCA Settles Dispute Over Payments of Promissory Note

By October 27, 2022October 28th, 2022Insights

MCA Financial was engaged by the defendant in a lawsuit to provide litigation support and expert testimony. The lawsuit was brought on by a private lender regarding a dispute between the parties over the payments of principal and interest calculated pursuant to a promissory note. The client’s business provided clinical laboratory testing and generated annual revenue of $20 million.

MCA immediately set in motion a plan to attack a multi-year accounting reconstruction, prepared a profit analysis, reviewed the plaintiff’s expert report, and prepared an independent expert rebuttal report.

The accuracy of the existing accounting records prevented a simple calculation of the amount due under the promissory note and necessitated a subsequent review and reconstruction of the accounting books and records for 3 years. MCA’s detailed investigation and reconciliation of bank account and credit card statements allowed for a successful reconstruction. For the period covered under the promissory note, MCA reviewed vendor transactions posted in the defendant’s books and records, identified variances, and recommended and implemented corrections of mis-posted vendor invoices. The sheer volume of data reviewed, researched, analyzed, and corrected over 60 days was a challenge that MCA expertly tackled.

MCA’s analysis of the opposing expert’s assumptions identified multiple flaws and errors in its calculation of damages.

Our ability to perform an in-depth analysis of the calculations and related assumptions of the opposing expert and then articulate the flaws and errors of the opposing expert’s analysis is essential in delivering a desirable outcome to our clients in cases like these. We can quickly assemble a team, develop a detailed plan, and implement that plan within a limited timetable. We work with our clients to retrieve the hard-to-find documentation needed in our analysis.