This case involves several high-income individuals who purchased tax credits that were later denied as fraudulent, resulting in the individuals receiving notices of tax deficiency for the years of the tax credit. Specifically, the individuals purchased tax credits with the intention of lowering their taxable income. The tax credits were later deemed fraudulent and the seller served prison time for federal tax fraud. The credit scores of the individuals who purchased the tax credits were subsequently harmed due to the tax deficiency notices they received. As a result, the individuals experienced credit related issues when attempting to invest and purchase property. An expert in financial damages was sought to quantify the damages related to the plaintiff’s lowered credit scores.
Question(s) For Expert Witness
1. Please describe your experience in financial damages, specifically cases involving harm to credit scores.
2. How would you calculate financial damages related to lowered credit scores?
Expert Witness Response E-288854
I am a principal at a financial consultancy, where I have been analyzing financial damages for both individuals and corporations for the past 12 years. It sounds like what you need is an analysis of the difference in returns and interest these individuals have experienced versus what they would have if their credit scores had been higher. This type of “but-for” analysis has been required for many of the cases I have worked on over my career. The key will be proving what returns and interest rates would have been available to the clients if their credit scores were higher. If this information is not readily available from the discovery in the matter, there is publicly available information to establish this for interest rates.
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.
