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.
Question(s) For Expert Witness
1. Please briefly describe your experience and familiarity with the issues in this case.
2. Do you have experience serving as a CFP for individuals similar to the plaintiff in this case?
Expert Witness Response E-091204
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. 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 author
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. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
