Inside Financial Fraud Litigation: How to Investigate, Quantify Damages, and Win in Court

Hon. Edward A. Jerejian | Cleary, Giacobbe, Alfieri & Jacobs

Hon. Edward A. Jerejian, P.J.Ch. (Ret.) is Of Counsel at Cleary Giacobbe Alfieri Jacobs, LLC and Chair of the firm’s Alternative Dispute Resolution Practice. Over nearly two decades on the New Jersey Superior Court, he developed deep expertise in high-stakes financial and business litigation, serving for almost seven years as Presiding Judge of the Bergen County Chancery Division, where he supervised and decided complex General Equity and Probate matters.

As a jurist and former trial lawyer, Judge Jerejian is especially well-versed in disputes involving alleged financial fraud and misconduct—claims such as misrepresentation, diversion of assets, fiduciary breaches, contested ownership and control of closely held businesses, lender-borrower conflicts, and other intricate, multi-party commercial cases. His years in Chancery and General Equity required him to untangle sophisticated financial records, evaluate credibility and intent, and craft remedies that protected investors, businesses, and estates while efficiently moving cases toward resolution.

Before joining the bench in 2006, he practiced for two decades in New Jersey civil litigation, giving him a grounded, practical understanding of how financial-fraud cases are built and tried. In addition to his Chancery leadership, he previously served in the Criminal and Family Divisions, further sharpening his ability to assess complex fact patterns and high-conflict claims.

Now as a neutral mediator and arbitrator, Judge Jerejian brings that rare combination of courtroom and judicial perspective to financial-fraud and commercial disputes, helping parties reach outcomes that are decisive, cost-effective, and built to withstand scrutiny. He is widely recognized for his business acumen and his ability to simplify complex legal and financial issues for litigants and counsel alike.

Thomas Reck | Withum Smith+Brown

Thomas J. Reck is a Partner in Withum’s Litigation, Valuation, and Insolvency Group and a seasoned forensic accountant who concentrates on matters involving alleged financial fraud and complex commercial disputes. A New Jersey CPA Accredited in Business Valuation (ABV) and Certified in Financial Forensics (CFF), he brings a specialized blend of investigative accounting and valuation expertise to cases where the accuracy, integrity, and intent behind financial records are at the center of the fight.

Tom’s work in financial-fraud litigation includes forensic accounting investigations, tracing and reconstructing funds, cash-flow and lifestyle analyses, and valuation of businesses or ownership interests when misconduct is suspected. He regularly supports counsel in white-collar criminal matters and civil cases involving misrepresentation, diversion of assets, damages claims, and disputes among owners or stakeholders. His analyses are built to be courtroom-ready, and he has testified as a recognized financial expert in the Superior Court of New Jersey.

Before joining Withum, Tom was a partner at Morrison & Company, a forensic accounting firm, giving him longstanding, hands-on experience in high-stakes disputes where financial evidence must be meticulously gathered, tested, and explained clearly to judges, juries, and opposing experts. His industry background is broad—spanning real estate, professional services, healthcare, retail, nonprofits, and more—allowing him to quickly understand business operations and pinpoint irregularities or red flags that matter in fraud and damages cases.

In short, Tom Reck is a trusted litigation consultant and expert witness for matters involving financial fraud, economic damages, and complex business disputes, known for turning complicated financial stories into clear, defensible findings that help courts and parties reach fair outcomes.

Session I – Financial Investigations as part of a Litigation Engagement | 1:00pm – 2:00pm

• Retention – Kovel agreement considerations
• Provision of discovery in a secure manner to preserve chain of command
• Ensuring the expert is provided with the necessary information to prove damages
• Types of fraud (balance sheet or income statement) and the motivations for same
• Development of theory regarding financial misdeeds/potential fraud and testing it
• Consulting expert versus expert witness

Break | 2:00pm – 2:10pm

Session II – Litigating Financial Fraud | 2:10pm – 3:10pm

• Review of financial fraud claims
• Procedural hurdles and defenses
• Detection and evidentiary challenges
• Remedies and relief
• Forensic tools and expert testimony
• Case law and litigation strategies