KW Economics prepares lost profits analysis for fraud and embezzlement cases venued in Oklahoma: what the loss claim consists of, the records that drive it, and a present value built to Oklahoma damages rules and venues. Plaintiff and defense.
Beyond the amounts taken, a fraud or embezzlement can starve a business of working capital, cause defaults, or interrupt operations, and those consequential losses can exceed the direct loss. The economist quantifies the lost profits from the business's financial records, links each element to the diversion with the causal chain explained, separates the effect of the fraud from market conditions and other causes, and presents the consequential loss alongside the amounts traced so the two are not confused. Interest, penalties, and the cost of replacement borrowing are included where the records support them.
Lost profits and related commercial damages for contract, business-tort, and business-interruption matters. The analysis builds the but-for revenue and cost path from the company's own history, its market, and the terms of the disputed relationship, links each claimed loss to the conduct at issue, addresses mitigation, and reasons through the period of loss so the damages figure answers the causation question as well as the amount.
The direct loss is usually the amount traced through the records, and its size depends on how long the scheme ran and how far back the records permit reconstruction. Consequential losses can exceed the direct loss when the diversion starved a business of working capital or caused a default. Where the funds were used to acquire assets, tracing to those assets can support recovery from the assets themselves, which changes the practical exposure. The analysis states the amounts by year and by method so that partial findings and limitations are visible.
Oklahoma trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers that inquiry by stating its assumptions and citing the data behind each one.
Highest court: Oklahoma Supreme Court. Court system: oscn.net.
Federal venues: Northern District of Oklahoma, Eastern District of Oklahoma, Western District of Oklahoma.
Oklahoma reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on a liquidated contract sum runs from the date it became due, and prejudgment interest on a personal injury award begins only after a defined period following the filing of the suit. The courts have struck down a general legislative limit on noneconomic damages, and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value.
We issue the final report and provide deposition and trial testimony and rebuttal of opposing damages models.
Beyond the amounts taken, a fraud or embezzlement can starve a business of working capital, cause defaults, or interrupt operations, and those consequential losses can exceed the direct loss. The economist quantifies the lost profits from the business's financial records, links each element to the diversion with the causal chain explained, separates the effect of the fraud from market conditions and other causes, and presents the consequential loss alongside the amounts traced so the two are not confused. Interest, penalties, and the cost of replacement borrowing are included where the records support them.
Oklahoma trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers that inquiry by stating its assumptions and citing the data behind each one. Fraud and Embezzlement cases venued in Oklahoma are heard in the District Court (General jurisdiction; 26 judicial districts; all civil and criminal matters), with final appeals to the Oklahoma Supreme Court. Matters within federal jurisdiction proceed in the Northern District of Oklahoma, Eastern District of Oklahoma, and Western District of Oklahoma.
Oklahoma reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Interest on a liquidated contract sum runs from the date it became due, and prejudgment interest on a personal injury award begins only after a defined period following the filing of the suit. The courts have struck down a general legislative limit on noneconomic damages, and economic damages are not subject to a general statutory limit, so the economist's figure enters the case at its full present value. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Oklahoma rules to a documented figure.
Request a consultation on Lost Profits or call (201) 343-0700. Plaintiff and defense counsel.