Quantifying damages from overcharging

Challenge

A manufacturer learned that a trusted employee was receiving kickbacks from a provider of less-than-truckload (LTL) freight services. The provider claimed, in federal court, that this fraudulent scheme had no impact on the freight rates charged to our client, the manufacturer. The challenge was to develop compelling evidence of over-charging during the multi-year relationship timeframe, to quantify damages.

Approach

• Analyses:
  • Reviewed hundreds of shipment records and invoices to create an historical record of actual charges paid.
  • Reviewed documents produced in the case, including transcripts of multiple depositions.
  • Prepared timeline of rates charged over the years.
  • Developed independent source material to corroborate and support our analysis.
  • Estimated damages by comparing actual charges with appropriate benchmark data.
• Reports:
  • Prepared an initial declaration, a full expert report and a rebuttal report.
• Depositions:
  • Assisted attorneys during deposition of opposing side’s expert.
  • Deposed by opposing attorneys.
  • Prepared for trial.

Results

• Case was settled a week before trial was scheduled to begin.