hguberman@lazarcpa.com  ●  Download vCard

Henry B. Guberman is a Certified Public Accountant (New York, New Jersey and Connecticut) and a partner of Lazar Levine & Felix LLP. Henry specializes in litigation support services and provides forensic, consulting and expert witness services for trial lawyers. Henry began his accounting career with Lazar Levine & Felix in February 1978 and was promoted to Partner in March 1984. Henry, together with Ted Felix, are the Partners in Charge of the Litigation Support and Valuation Services department at Lazar Levine & Felix LLP.

Henry received a Bachelor of Science degree in Accounting from The State University of New York at Albany in 1977 and an Associate degree in Applied Science for Business Administration from Suffolk Community College in 1975. Henry has been licensed as a Certified Public Accountant in the State of New York since 1980, the State of New Jersey since 1992 and the State of Connecticut since 1999. Henry is a Certified Fraud Examiner with the Association of Certified Fraud Examiners and is Accredited in Business Valuation (ABV) with the American Institute of Certified Public Accountants (AICPA). He has completed the Principals of Business Valuations (BV 201), (BV 202), (BV 203) and (BV 204) Parts One Through Four Courses of the American Society of Appraisers. Henry has successfully completed three of the four exam requirements towards the designation of a Certified Divorce Planner with the Institute of Certified Divorce Planners. Henry holds the designation of Diplomate with the American Board of Forensic Accountants.

Henry’s practice specialization is in the area of matrimonial services. His work in the matrimonial area has included business valuations, license valuations and valuations of other forms of enhanced earnings capacity. Henry’s matrimonial experience also includes forensic accounting for asset tracing, identification and quantification of separate and marital assets, income reconstruction and the identification and quantification of living expenses and sources available for support. Henry has testified as an accounting expert in these and other areas.

Henry has provided assistance to attorneys in preparing net worth statements pursuant to DRL 3326, document request, interrogatories, deposition exhibits and trial exhibits. His experience has also included assisting counsel at financial depositions, financial negotiations and in the evaluation of settlement proposals.

Professional Affiliations:

• Member of American Institute of Certified Public Accountants.

• Member of New York State Society of Certified Public Accountants.

• Diplomate of the American Board of Forensic Accountants.

• Candidate member of the American Society of Appraisers.

• Past member on the New York State Society of Certified Public Accountants committee for litigation support.

• Past Chairman of Subcommittee for Internal Technical Sessions for the New York State Society of Certified Public Accountants Committee for Litigation Support.

• Past President of the National Litigation Support Services Association (NLSSA). NLSSA is currently comprised of approximately 45 CPA firms, which specialize in forensic, consulting and expert services for trial lawyers. The CPA firms are located throughout the United States.

• Past membership on the New York State Society of Certified Public Accountants committee for management of an accounting practice as well as the committee for small and local practitioners.

• Discussion leader for forensic accounting and lending to the service industry.

Illustrative Previous Representations:

• Business valuation of a 100 year old specialty glass manufacturer resulting in expert testimony at arbitration as part of an action by minority shareholders under New York Business Code Section 1118.

• Allocation of purchase price to the acquisition of intangible assets for a nurse registry business.

• Business valuation of a paper products distributor as part of a minority interest valuation.

• Fraud investigation to determine improprieties by cooperative board members. Assisted in the presentation of findings directly to the targets of the investigation before a full assembly of cooperative owners.

• Representation of a fitness facility in bankruptcy proceedings.

• Testified in a matrimonial action about the annual after tax cash flow available to a wife for her own support for the balance of her actuarial life. The testimony was based on a twenty year projection model of her cash flow incorporating interest, dividend, capital gains, social security benefits, retirement distributions from IRA’s, the effects of inflation and long term expected rates of return, the assumed sale of an existing condominium, and the assumed purchase of a replacement condominium versus a rental model.

• Preparation of feasibility report in support of a plan of reorganization by a debtor-in-possession. The landlord of the debtor-in-possession opposed the plan with the intent to regain the premises.

• Special report on the internal control of a home improvement mortgage company as part of a special investigation by a secured creditor.

• Equitable distribution matter requiring a business valuation of a pharmacy resulting in the discovery of Medicaid fraud and presentation of expert testimony.

• Representation of clients involved in merger and acquisition transactions.

• Determination of the value of a minority interest in a holding company for the purpose of issuing compensatory stock.

• Business valuations for the purpose of establishing buy/sell agreements for a barter company, wholesale tourism company and a distributor of closeout inventories.

• Equitable distribution matters requiring business valuations of privately held businesses and professional practices.

• Special investigation into the business practices of a distributor of intercom systems on behalf of a secured lender.

• Valuation of a teaching license in connection with equitable distribution.

• Valuation of engineering company for purposes of buy/sell agreement.

• Testified as an expert on behalf of a buyer relative to financial misrepresentations of the seller associated with the sale of a cassette reproduction operation.

• Lost profits determination for an unestablished nightclub.

• Business valuation of a Coca-Cola distribution route as part of an equitable distribution matter.

• Representation in bankruptcy proceedings of a nightclub facility.

• Special fraud investigation into the disappearance of secured assets on behalf of a bank.

• Special investigation in to the operations of a dental practice on behalf of a secured lender.

• Business valuation of a dental practice as part of an equitable distribution matter.

• Testified relative to a FBI investigation into the financial fraud of a targeted businessman and the operations of his companies.

• Valuation of a temporary placement agency as part of an estate.

• Part of the field team assigned to evaluate losses sustained by a bank in a class action suit on behalf of the public shareholders.

• Special procedures to determine the liquidation value of inventory and accounts receivable of a distributor of pet products.

• Testified at trial regarding the expected after tax cash flow available to a spouse for the balance of her actuarial life based on the proposed equitable distribution plus retirement and social security benefits that would be available to upon retirement.

• Determination of fire damages for a business interruption claim for a paper products manufacturer.

• Consulting expert to attorneys on behalf of the seller of an automotive parts manufacturer accused of fraudulent financial statements and representations by the buyer.

• Expert testimony in Federal Court quantifying the damages incurred due to the misappropriation of trade secrets.

• Valuation of an employee stock ownership plan’s (ESOP) interest in the common stock of a company that designs, assembles and markets computer peripherals accessories and software.

• Valuation of a manufacturer of stock and custom photographic filters, lens, accessories.

• Valuation of a paper and board products distributor in connection with an estate.

• Valuation of a karaoke business in connection with matrimonial action.

• Testified in a patent infringement case involving damages sustained by a manufacturer of musical movements due to the infringement by a competitor.