Financial Planner Costs Client Millions In Lost Investments

ByJohn Lomicky

Updated on

Case Overview

This arbitration involves a wealthy plaintiff who suffered significant financial harm when the defendant financial planner allegedly altered her account without permission. The defendant CFP initially attempted to put approximately $5 million in funds into a non-qualified investment account but was unable to do so. The defendant then attempted to move the funds back to a qualified tax-deferred account. As a result, the plaintiff ended up paying more than $2.5 million in taxes and lost investments. These actions were all performed without the plaintiff’s express permission. An expert CFP to opine on this case and testify at arbitration.

Questions to the Business expert and their responses

Q1

Please briefly describe your experience and familiarity with the issues in this case.

I am a certified public accountant. I am familiar with the general fact pattern, including the tax-related compliance problem, and I am well-versed in the literature about tax ramifications to people in similar circumstances.

Q2

Do you have experience serving as a CFP for individuals similar to the plaintiff in this case?

I have experience testifying in a state Supreme Court in actions involving a reasonable rate of return to apply to the pool of assets expected to be received via equitable distribution.

About the expert

This highly qualified expert earned his BS in Accounting from The State University of New York at Albany. Additionally, he is currently active within his field as a member of numerous societies that include, The New York State Society of Certified Public Accountants, The Forensic and Valuation Services Section of the AICPA, and The Estate Planning Council of Eastern New York. He has also published 25 articles and is currently a Partner at an Accounting Firm based in New York City.

Expert headshot

E-091204

Specialties:

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

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