Technical advisory on concealment of amounts in judgment enforcement proceedings
Review of the profits reported by a public-services concessionaire to determine the amount actually owed to a shareholder in judgment enforcement proceedings.
The Client's Request
The client had obtained a court ruling entitling it to receive the undistributed profits from the preceding ten years of a large road-signage and maintenance company whose clients were predominantly public entities. During the enforcement of that judgment, the client and its counsel suspected that the financial statements presented by the debtor company did not reflect the true economic profits earned, which complicated the determination of the actual amount owed.
How SGEx Approached It
SGEx prepared a technical opinion challenging the figures presented by the debtor company, comparing the value of expired public-tender contracts, obtained from public records, against the net income declared for each period. Following the appointment of a court-appointed expert, SGEx provided technical guidance throughout the examination, presenting evidence of manipulation of figures and accounting records — which led the expert to request that the court issue formal information requests to the federal tax authority, the central bank and the municipal treasury department, in order to obtain accounting, tax and financial records directly from official sources.
Results
Analysis of the records obtained through those official requests showed that the amount owed to the client was 150% higher than the figure initially presented by the debtor company — an increase of more than R$ 20 million in the amount receivable.
Related Technical Topics
Services, specialties, contexts and industries connected to this topic under SGEx's relationship matrix.
Related Services
- Economic and Financial Expert AnalysisAnalysis of values, cash flows, economic assumptions and financial models in disputes and decisions that turn on quantification.
- Forensic AccountingReconstruction and examination of accounting records and financial flows for evidentiary purposes, in contexts of suspected wrongdoing, conflict or inquiry.
- Court-Appointed Expert ExaminationsAccounting, economic and financial expert examinations conducted under court appointment, with a technical report and responses to clarifications.
Related Specialties
Related Areas of Practice
- Corporate and Shareholder DisputesDisputes among shareholders, partners and officers, corporate dissolutions, buyout claims and disagreements over financial results.
- Civil and Contract DisputesNonperformance, termination, contract revision and civil liability claims in which the controversy turns on monetary values and calculations.
Related Industries
Request an Analysis
Describe the technical question, the context in which it arose, and the documents available. This information lets SGEx assess the scope of the work before any proposal.