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Marc L. Effron, JD, CPA, CFF

White Elm Group, LLC was founded for the purpose of helping individuals or companies and their counsel handle complex financial matters using the analytical expertise of a forensic CPA.  White Elm Group is dedicated to helping clients mitigate risk and maximize recovery where the potential exists.  Whether within the context of a financial fraud investigation, economic dispute, white collar defense or proactive compliance engagement, we work closely with our clients to identify workable strategies.

Team

Marc L. Effron, CPA, JD, CFF - Managing Partner

As a CPA and JD with more than 20 years experience serving client needs in the combined fields of auditing, corporate law and forensic accounting, Mr. Effron has directed or participated in over 100 forensic investigations. He is experienced in managing complex financial and regulatory investigations ranging from responding to Securities & Exchange Commission, Department of Justice and other regulatory inquiries to small business and matrimonial disputes.

 

Mr. Effron has also served as a financial consultant in a variety of litigation matters including Foreign Corrupt Practices Act (FCPA), post-acquisition, civil monetary, occupational fraud, embezzlement and other disputes.

 

Mr. Effron has served in a variety of leadership roles and was instrumental in developing the audit investigation support protocols for a Big Four accounting firm as well as its Foreign Corrupt Practices Act strategy. Under the investigation support initiative, he was responsible for the development and implementation of the firm’s methodology for confirming the completeness and reliability of forensic investigations performed on the firm’s audit clients.

 

In his role of supporting law firms and their clients on internal or independent corporate investigations, he has served a multitude of clients with allegations of financial and other irregularities. Clients served include law firms and both public and private entities from a cross section of industries including manufacturing, financial services, logistics, healthcare, technology and energy.

 

Prior to founding White Elm Group, Mr. Effron worked with a public accounting firm and spent 11 years in big four litigation and forensic services units including Ernst & Young and Deloitte.   

 

Prior Roles and Experience Overview

  • Former member of senior management at Big Four accounting firm
  • Former corporate counsel

Education

  • Juris Doctor - Northwestern University School of Law
  • Bachelors in Business Administration – Accounting, Emory Goizueta School of Business

 

Licenses and Professional Designations

  • CPA - Certified Public Accountant – Georgia
  • JD - Georgia
  • AICPA - Certified in Financial Forensics

 

David E. Sems, CPA, CITP, CFF

Mr. Sems possesses over 15 years of experience providing forensic technology services to clients in a wide variety of industries. He has extensive familiarity with international work stemming from providing services in 12 countries within Europe and North America – including conducting several 6-8 month investigations in Europe.

 

His skills cover the full range of services from computer forensic analysis to transactional data analytics. He helps clients by finding the “needle in the haystack”. Using leading techniques including fuzzy string matching, link analysis, text mining, computer forensics and cluster analysis, Mr. Sems leads teams to help clients discover patterns, artifacts and anomalies in huge sets of disparate data that can be used to identify high-risk, non-obvious or suspicious activities.

 

Mr. Sems serves as an advisor in the area of forensic technology to multiple firms, who rely on his skills and knowledge to execute on the most complex forensic technology matters.

 

Mr. Sems is a regular national speaker for various groups including, the Institute of Internal Auditors, the Federal Bureau of Investigation, the Association of Certified Fraud Examiners and the New York Computer Forensic Shows. He also is a guest lecturer at various universities including, Notre Dame, Baldwin-Wallace and Kennesaw State University.

 

Prior Roles and Experience Overview:

  • Owner/Operator of forensic technology firm, consulting a variety of other firms in the service of their clients
  • Senior Manager experience with a prestigious “Big 4” firm

 

Education:

  • Bachelors of Arts, University of Akron, 1999

 

Licenses and Professional Designations:

  • Certified Public Accountant - Ohio
  • Certified in Financial Forensics
  • Certified Information Technology Professional

 



Kevin P. Couillard, ASA, CFA

Mr. Couillard is an affiliate of WEG specializing in business & intangible assetvaluation and litigation support regarding valuation/damage matters. His experience includes the valuation of business enterprises, common stock, preferred stock, stock options, general and limited partnership interests, limited liability company interests, debt and note issues, accounts receivable, and other various assets. He has completed valuations for financial reporting, gift and estate tax planning and reporting, state tax planning and reporting, mergers and acquisitions, employee stock ownership plans (ESOP), recapitalizations, management buy-outs, buy-sell agreements, divorce, dissenting shareholders, shareholder disputes, lost profits, and bankruptcy/fraudulent conveyance.

 

Mr. Couillard’s diversified experience also includes the valuation of intangible assets including patents, trademarks, trade names, proprietary technology, noncompetition agreements, assembled work force, going-concern value, goodwill, software, mortgage servicing rights, provider and supplier contracts, and customer lists for various purposes. His experience includes industries such as manufacturing, transportation, wholesale entertainment, healthcare, banking, technology, investment, construction, publishing, real estate, telecommunications, internet domain brokers, and retail.

 

Kevin is an Accredited Senior Appraiser (ASA) certified in Business Valuation with the American Society of Appraisers and a Chartered Financial Analyst (CFA) with the CFA Institute. He holds an MBA in Finance from Georgia State University and a Bachelor of Chemical Engineering from the Georgia Institute of Technology

 

Prior Roles

  • Experience as working at various regional and
    “Big 4” accounting firms
  • Experience with international textile company
  • Has testimony experience as an expert witness in
    both state and federal jurisdictions

Education

  • Masters of Business Administration in Finance;
    Georgia State University
  • Bachelor of Chemical Engineering; Georgia
    Institute of Technology

Professional Designations

  • ASA - Accredited Senior Appraiser certified in
    Business Valuation with the American Society of Appraisers
  • CFA - Chartered Financial Analyst with the CFA
    Institute

Eugene S. Abernathy, CPA

Mr. Abernathy has served the accounting profession for over 40 years. He has held leadership roles of several medium to large accounting firms, as well as having extensive leadership experience in “Big 4” accounting firms. His experience includes specializations in auditing, accounting malpractice, inventory valuation, family law, alternative dispute resolution, as well as corporate and individual white collar crime investigations. Mr. Abernathy has significant experience providing his expertise as both an expert and consulting witness on multiple occasions. In his roles as an expert, he has prepared and presented damage calculations related to purchase price disputes, personal injury, employment disputes, lender liability, suretyships, white collar crime and other issues.

 

In his public accounting career, Mr. Abernathy has worked extensively in the construction and banking industries. In addition, he spent time as the treasurer of one of the United States’ twenty-five largest contractors, giving him practical “hands-on” experience running a business.

 

Mr. Abernathy has also devoted himself to education. He is a frequent writer and speaker on construction industry accounting and auditing issues. He is a graduate of The University of Georgia, holding a Bachelor of Business Administration with a major in Accounting. He has also completed masters level accounting coursework at Georgia State University in Atlanta, Georgia. Mr. Abernathy has served on numerous committees and panels for The Financial Accounting Standards Board, The American Institute of Certified Public Accountants, The Association of Certified Fraud Examiners, The Georgia Society of CPAs, American Arbitration Association, The Journal of Construction Accounting and Taxation, and the Construction Financial Management Association. Among writing many other high-profile publications, he is a co-author of the American Institute of CPAs’ Construction Industry Audit and Accounting Guide and the landmark Statement of Position 81-1 Accounting for the Performance of Construction-Type and Certain Production-Type Contracts.

 

Prior Roles and Experience Overview

  • Experience as Director and Managing Director roles at various regional and “Big 4” accounting firms
  • Former Treasurer of one of the United States’ top 25 construction companies
  • Served on the Construction Industry Panel of Arbitrators and Mediators
  • Has testimony experience as an expert witness in both state and federal jurisdiction

 

Education

  • Bachelor of Business Administration with a major in Accounting, The University of Georgia, 1962
  • Graduate level courses in the Masters of Professional Accountancy Program of Georgia State University. GPA: 4.0

 

Licenses and Professional Designations

  • Certified Public Accountant - Georgia

Joseph Rubin, CPA, JD

Mr. Rubin utilizes over 40 years of experience in all financial and management aspects of both publically traded and privately owned companies. His experience in includes assisting clients in real estate transactions (including acquisition, development, operation and sale), business operations and turn around, business planning, accounting and taxes issues, mediation of business disputes, risk management and human resources.

 

Mr. Rubin’s professional responsibilities have included asset management, development of income-producing properties, purchase of raw land held for investment, and management of shopping centers. He has also successfully overseen the formation of multi-family real estate partnerships and their operation. Mr. Rubin has operated businesses in the following areas: (1) construction of commercial and retail projects; (2) manufacturing of steel products and retail store fixtures; (3) electrical and fire protection contracting; and (4) civil engineering. Mr. Rubin has successfully served in multiple senior officer roles, improving company performance and overall stability.

 

Mr. Rubin also has experience handling SEC filings (10K, 8K, 10Q, Forms 3, 4 and 5) and investor relations. As a member of senior management of a real estate company, he leveraged his experience with these filings to significantly reduce year-end external auditor fieldwork. 
He also has experience negotiating significant company purchases such insurance coverage.

 

Prior Roles and Experience Overview

  • Former chief executive officer and chief financial officer of a publically held,
    multi-faceted construction and commercial real estate development company
  • Former chief financial officer of a multi-family real estate company
  • Former chief executive Officer, chief financial officer, and board member of a design, fabrication and installer of material handling systems; design and fabrication of specialty truck bodies and
    accessories; and rail car up fitting and repairs - took that company from a
    seven figure loss in 2005 to a seven figure profit in 2011
  • Has served as a member of boards of directors for multiple construction, real
    estate and manufacturing related companies
  • Former Supervisor at an national tax practice

 

Education

  • Doctor of Law from the University of North Carolina, Chapel Hill, North Carolina
  • Bachelor of Arts from Guilford College, Greensboro, North Carolina

 

Licenses and Professional Designations

  • Certified Public Accountant – Georgia
  • Attorney licensed to practice in Georgia
  • Georgia Bar Association
  • Registered Mediator with the State of Georgia

Phillip M. Robertson

Phillip M. Robertson provides consulting services to attorneys, accountants, and other professionals engaged in white-collar fraud litigation; banking and financial institution disputes, business and personal financial disputes, and related training. Mr. Robertson offers expertise in the evaluation of evidence, developing legal strategy, witness evaluation and development, oral and written reports, and interface with law enforcement and regulatory agencies. He develops and presents training in detection, investigation, and prevention of white-collar fraud, insider abuse, and business related disputes. He trains professional groups, regulatory and investigative agencies, and institutions of higher learning.

 

Mr. Robertson has 41 years’ experience as a focusing on white collar and financial fraud. 
The nature of his investigative experience is wide in scope, including fraud involving liquidation agents and other asset managers, fraudulent reacquisition of property by debtors, criminal avoidance of restitution orders, insider abuse at banks, bank bribery and self-dealing, residential and commercial real estate fraud, criminal non-compliance with regulators, money laundering, frauds involving international asset swaps, looting of institutions through subsidiaries and related parties, fraudulent sales and mergers, embezzlements, self-dealing, hidden interest/bribery, “evergreen loans”, manipulation of accounts and reports, falsification of capital ratios to avoid regulatory scrutiny, back-dating of documents, and schemes to avoid compliance with regulatory directives, consent agreements, and cease and desist orders. In addition, he conducted some of the first The United States Secret Service investigations into computer hacking, credit cards, and counterfeit merchandise. He also traveled worldwide with several Presidents and Vice-Presidents of the United States as member of The United States Secret Service.

 

In the fall of 1999, he led the task force (FDIC, FBI, IRS) investigating and prosecuting the largest bank failure since the Great Depression, and has held multiple regional FDIC investigations supervisor roles, with responsibilities in several major business centers such as New York, Washington, D.C., Atlanta, Kansas City, Dallas, Chicago, and San Francisco.

 

Mr. Robertson is a regular lecturer for FDIC Commissioned Examiner schools, the Federal Financial Institution Examination Council (FFIEC), and the bi-annual FDIC/Department of Justice Bank
Fraud Conference. He has also spoken at a number of agencies and professional groups, including the Federal Reserve Bank of Philadelphia; both the Arkansas and Alabama State Banking Departments; Ohio Association of CPA’s; Missouri Bankers Association, and Georgia Bar Association. He is a founding member of both the Forensic Accounting Advisory Board and The Center for Forensic Studies in
Accounting and Business, Georgia Southern University.

 

Prior Roles and Experience Overview

  • Former Special Agent, United States Secret Service
  • Former Regional Investigations Supervisor, United States Federal Deposit Insurance
    Corporation

Education

  • Bachelors of Science in Business Administration, University of Tennessee
  • Graduate of the Southeast School of Banking

Adam J. Ferguson, CPA, CFF, CFE

Mr. Ferguson is a Director in White Elm Group’s specializing in Insurance matters.  His experience includes 13 years of experience in forensic and investigative accounting, insurance business loss accounting, lost profits calculations, financial analysis, due diligence services and other commercial damages. Prior to joining White Elm Group in 2012, Adam was a manager a regional accounting firm after spending over several years with international accounting firms performing forensic accounting work, focusing on damage calculations. Additionally Mr. Ferguson worked in industry with an international steel distribution company.

 

Mr. Ferguson’s experience includes matters such as calculations of lost profits, employee dishonesty, intellectual property infringement, examinations of potential financial motive related to arson, anti-money laundering, damages due to fire losses of inventory, extra hard and soft construction costs due to construction delays. He has worked on assignments related to hospitality, healthcare, construction, retail, entertainment & leisure, metals manufacturing and distribution, grocery, meat processing, beverages, textiles, insurance and professional services firms.

 

Prior Roles and Experience Overview:

  • Manage engagements dealing with multi-million dollar disputes
  • Lead/Management experience with regional and multi-national professional services firms.
  • Extensive experience working for claimants as well as defendants
  • Testimony experience

 

Education:

  • Bachelors of Science degree in Accounting, Clemson University

 

Licenses and Professional Designations:

  • Certified Public Accountant – Georgia
  • Certified in Financial Forensics
  • Certified Fraud Examiner