Asset Tracing

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Dear David, Just a quick note to return your second office copy of the Final Report and to express our thunderous and deep thanks for your terrific service in this case. Your thorough analysis, clarity of presentation and credibility as a professional were all outstanding, and a special thanks should be extended to the members of your staff. The flair with which you reached into your pocket and produced the disc before Judge [deleted] could finish his request for same was nothing short of brilliant. When I tried the same thing later in the afternoon - with a commission check which [deleted] produced from his inside jacket pocket - I got nailed for sandbagging the other side. Great job! And looking forward to the next one. Warmest regards, Who: Attorney Engagement: Divorce case with extensive Asset Tracing "There was sharp dispute in the testimony of the two accounting witnesses, David Melton for the Plaintiffs and [deleted] for the Defendants. Melton concluded that the amount required in order to make the Plaintiffs whole was $366,625. [Deleted] concluded that Defendants were owed $12,869 by Plaintiffs. Based on the testimony and exhibits, I believe that the Plaintiffs have met their burden and are entitled to damages for breach of contract in the amount of $366,625." Who: Arbitrator/ former Chief Justice of the Colorado Supreme Court Engagement: Arbitration case for breach of contract and civil fraud, from Arbitration Award Dear Dave: By now, you no doubt heard that [deleted] case settled. I wanted to let you know what a pleasure it was to work with you and how important your work was to the settlement. We couldn't have done it without you. If you need any references in the future, let me know. If you're in town and want to grab a beer, give me a call. I'd be happy to do either. Sincerely yours, Who: Attorney Engagement: Divorce with extensive Asset Tracing David, Thanks so much for your help in resolving the remaining issues. Your level-headed approach really helped to keep the emotions in check, and your understanding of the numbers was a great asset. Sincerely, Who: Divorcing party Engagement: Mediation of financial issues in divorce Dear David: Hope all is well and you are enjoying the Aspen summer. [Deleted] and I have resolved all issues in the separation except the remaining balance set aside for professional fees. Thank you for providing professional and sensitive advise throughout these trying times. Be advised I am willing to be available as a reference for any future mediation clients that approach you. Sincerely, Who: Divorcing party Engagement: Mediation of financial issues in divorce "As for the expenditures during the marriage, Mr. Melton apportioned each check between the marital estate and the Husband's separate property based on the proportion of marital and non-marital funds in the account on which they were drawn, even though a lag of up to six months occurred between writing and cashing the checks. The Wife did not present any evidence to the contrary on the financial transactions for the [deleted] home. The Court concludes that the Melton analysis is a reasonable one and adopts it." Who: District Court Judge Engagement: Divorce case asset tracing issues, from transcript of findings "The Court therefore concludes that the approach used by Mr. Melton was reasonable under the circumstances, and that none of the note remained in the marital estate as of the final orders hearing." Who: District Court Judge Engagement: Divorce case asset tracing issues, from transcript of findings "The Petitioner's separate property interests in the rental duplex located at [deleted], the residence [deleted] were traced by Mr. Melton, and the Court accepts these analysis as being sound. Likewise, the [deleted] is deemed to have a marital value of $21,325; the Court accepts the analysis of Mr. Melton." Who: District Court Judge Engagement: Divorce case asset tracing issues, from transcript of findings "The Husband argues for $305,145 as non-marital, but part of his accountant's [opposing expert's] analysis is based on the faulty tracing assumptions discussed above. The Court will accept the figure of the Wife's accountant [Mr. Melton], $212,963, as a more sustainable tracing technique." Who: District Court Judge Engagement: Divorce case asset tracing issues, from transcript of findings RE: January 26, 1998 speaking engagement Dear David, Thank you so much for your wonderful "Establishing or Refuting Separate Property Through Asset Tracing" presentation. Based upon feedback we have gotten, you were a great success. Thanks, once again, for your time, consideration, and informative program! Very truly yours, Who: Denver Attorney Engagement: Presentation to Denver Divorce Taxation and Financial Roundtables "I thought the seminar was excellent for anyone practicing in this area. The book contents would be quite useful in practical application." Who: Attorney Engagement: Comments from "What Attorneys and CPAs Need to Know About Asset Tracing" seminar participant. "I found this very challenging and it kept my interest. I learned many new ideas. I really appreciate the time you put into this. It was very through. Who: Attorney Engagement: Comments from "What Attorneys and CPAs Need to Know About Asset Tracing" seminar participant. "Good format - good balance of narrative and examples to illustrate important principles. This is a complicated but somewhat precise area. Good practical suggestions re working up an asset tracing case that gets the job done." Who: Attorney Engagement: Comments from "What Attorneys and CPAs Need to Know About Asset Tracing" seminar participant. Dear David, Your letter of December 9th was greatly appreciated. Your class was interesting, informative and certainly will provide tremendous value professionally and economically to my practice. I believe your course materials will be extremely useful and am considering ordering one [Accounting Guide to Asset Tracing Book] for an attorney client of mine. I would not hesitate to give you a call for assistance as the need arises. In addition, I will keep you informed as the outcome of any future case we have related to this area. Sincerely, Who: CPA Engagement: Seminar participant in "Divorce: Separate vs. Marital Property - The CPAs Role in Asset Tracing" sponsored by the Colorado Society of CPAs.

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