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Estate / Wills & Trusts Planning & Management Expert Witnesses

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David Ostrove, JD, CPA (Inactive)
Attorney, CPA (Inactive)
499 N. Canon Drive
Beverly Hills CA 90210
USA
phone: 323-939-3400
fax: 323-939-3500
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David Ostrove Estate Tax Law Expert PhotoDavid Ostrove, JD, CPA (Inactive), Mr. Ostrove is a certified specialist in Taxation Law, certified by the California Board of Legal Specialization of the State Bar of California since 1975. He is also a California Certified Public Accountant since 1957 and a California Lawyer since 1960.

Mr. Ostrove is a Professor of Law and Accounting at Southwestern University School of Law in Los Angeles. He is a Past President of the American Association of Attorneys-Certified Public Accountants and a Fellow of the American College of Forensic Examiners.

Mr. Ostrove has authored numerous books on topics within his field of expertise including, "Advanced Corporate Tax Problems"; "Fiduciary Accounting For Estates And Trusts"; "Forensic Accounting" (2 Volumes); "California Community Property - What The CPA must Know"; "Analyzing Financial Statements After Enron - What The Lawyer Must Know"; and "Accounting and Auditing For Trusts & Estates (DVD)." He is a lecturer for the California CPA Foundation, California Continuing Education Of The Bar (CEB), and the Arizona CPA Society.

David Ostrove has been providing litigation support for 35 years. He has testified in numerous cases in both State and Federal Courts. Mr. Ostrove has been employed by lawyers representing defendants and plaintiffs. He offers expert witness testimony in cases involving Legal and Accountant Malpractice, Business Valuations, Tax Accounting Issues, and Economic Damages. He carefully analyzes the facts, law, and accounting principles and presents supportable, timely, clear opinions.

Mr. Ostrove has been given legal authority to act as a Special Master. His services are also available for Mediation and Arbitration.

Areas of Expertise:
  • Breach of Fiduciary Duties
  • Trustee and Executor Negligence
  • Accounting Malpractice
  • Legal Malpractice
  • Probate and Trust Issues
  • Business Valuation
  • Economic Damages
  • Forensic Accounting Fraud
  • Analysis of Financial Statements
  • Lost Profits Calculation
  • Breach of Contract
  • Tax Matters - Gift, Estate, Income
  • Reasonable Value of Services
  • Tax Litigation Services
  • Bankruptcy
  • Bad Faith
  • Insurance - Professional Liability
  • IRS Matters
  • Auditor Negligence
  • Tax Preparer Negligence
  • View David Ostrove's Consulting Profile.
    David Ostrove
    The definitive Fiduciary Accounting Seminar. Designed for CPAs, attorneys, trust officers, estate administrators, attorneys who serve as trustees, executors, administrators, conservators and guardians. Interactive DVD
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    PB&J Forensics Limited
    Brent D. Berkman, CFE, CPA / CFF, CGMA
    340 Royal Poinciana Way, Suite 317-158
    Palm Beach FL 33480
    USA
    phone: 561-236-7285
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    Brent D. Berkman, CFE, CPA/CFF, CGMA, is a Forensic Accounting, Fraud Examination, Financial, and Taxation Expert with over 40 years of Accounting experience. Certified in Financial Forensics and Fraud Examination, he is a licensed CPA in Florida, Illinois, Maryland, and Ohio.

    Mr. Berkman has broad experience with fraud examination, prevention, and deterrence. He has been involved in high-profile confidential investigations, piecing together financial puzzles to resolution. Mr. Berkman also has particular experience with investment schemes, securities fraud, mortgage fraud, real estate fraud, healthcare fraud, financial institution fraud, healthcare fraud, and other occupational and consumer fraud.

    Industry Experience - Mr. Berkman's industry experience includes Community Banks, Home-Builders, Common Interest Realty Associations, Assisted-Living, Regulatory Accounting, Long-Term Contract Accounting, Utilities, Hospitality, Multi-location Restaurants, Manufacturing, Automobile Dealerships, Retail, Health Care, Entertainment, Private Equity Funds, Publicly-Traded Partnerships, Regulated Investment Companies, Real Estate Investment Trusts, and Taxable REIT Subsidiaries.

    Litigation Support - An expert in Forensic Accounting, Mr. Berkman provides expert witness services to attorneys representing both plaintiff and defendant. His services include thorough research, reports, deposition, arbitration, and trial testimony as needed.

    Areas of Expertise:
    • Municipal Bonded Debt
    • Contract Interpretations including Partnership Agreements
    • Financial Analytical Analysis / “Flow of Funds”
    • Commercial and Residential Real Estate including REITs, Private Equity Funds, Affordable Housing, Homebuilders, Contractors, Hospitality, Entertainment / Performing Artists, Health Care and Financial Services, Common Interest Realty Associations, and Not-For-Profit Organizations
    • Estates, Trusts, Charitable Trusts, Private Foundations, Guardianships, High Net Worth, Divorce & Family, Pass-through Entities Including Partnerships, Publicly-Traded Partnerships, LLCs, LLLPs, Disregarded Entities, S-Corporations, and Q-Subs
    • Partnerships and contributed property (Sec 704c)
    • Mergers, Acquisitions, Bankruptcy, and Controllership Services
    • Business Valuations and Structured Finance
    • Qualified / Non-Qualified Deferred Compensation Arrangements
    • Reconstruction of Accounting Records including Deferred Tax Positions
    • U.S., Multi-State, and Foreign Tax Services, including tax Controversy Representations
    • Credits & Incentives including Low Income Housing Tax Credit, Historic Tax Credits
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    Joseph B. Matheson
    CPA, ABV, CVA, DABFA, FACFEI, PFS, CFF, CFE
    110 S. Jefferson Road
    Whippany NJ 07981
    USA
    phone: 973-428-8885
    fax: 888-846-4884
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    Joseph B. Matheson, CPA, ABV, CVA, DABFA, FACFEI, CITP, CFF, CFE, is a Certified Public Accountant, with over than 30 years of public and private accounting experience. Mr. Matheson is a Certified Valuation Analyst (CVA) by the National Association of Certified Valuation Analysts (NACVA, one of the oldest and most prestigious certification organizations) and is Accredited in Business Valuation (ABV) by the American Institute of Certified Public Accountants (AICPA). He is also a Fellow of the American College of Forensic Examiners Institute (FACFEI), holds a Diplomate from the American Board of Forensic Accountants (DABFA), and is a Certified Fraud Examiner (CFE) from the Association of Certified Fraud Examiners. In addition, Personal Financial Specialist (PFS), and a Certified Financial Forensics (CFF) all of which are earned from the AICPA. Mr. Matheson has taught various accounting and business classes for the Small Business Development Centers of New Jersey (part of the SBA), continuing education classes to other CPAs, and was a member of the Speakers Bureau for the New Jersey State Society of Certified Public Accountants.

    Litigation Support - Joseph Matheson uses Forensic Accounting and Auditing skills to provide an analysis of financial records in conjunction with dispute resolutions, as well as fraud and theft investigation. His damage measurement methods can determine the extent of financial loss and illegal accounting practices. Mr. Matheson is qualified and testifies as an expert witness in New Jersey State and Federal Courts. He also provides analysis to mediation attorneys to assist in settlement.

    Areas of Expertise:

    • Business Valuation for bankruptcy, partner and shareholder disputes, contract disputes, marital disputes
    • Valuation of closely held businesses, stock options and restricted stock for capital gain, gift tax and compensation purposes
    • Wage and economic loss reports, business interruption loss reports, divorce (lifestyle analysis, tax-effected balance sheet preparation, alimony, and child support analysis)
    • Investigative accounting and fraud analysis
    • Merger and acquisition negotiation purposes

    View Joseph Matheson's Consulting Profile.

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    Fiduciary Consultant
    450 Wood Avenue, #2A
    Bainbridge Island WA 98110
    USA
    phone: 206-780-0899
    fax: 206-780-0903
    David G. Mackenzie is a Fiduciary Consultant who limits his consulting practice to providing expert witness testimony in Trust & Estate Litigation Cases. He has represented either trust beneficiaries or trustees who are either plaintiffs or defendants.

    Mr. Mackenzie's area of specialty is in the field of Trust & Estate Administrative Practices and Procedures. He has 48 years of fiduciary experience including a 32 year career for a major Bank Trust Department. During his last five years of his banking career he was its Chief Fiduciary Officer responsible for policy, procedures and complex trust administration issues. For the past 15 years he has consulted for a number of bank trust departments and trust beneficiaries in various states. He has testified in a number of states on proper trust administration and is a very effective Expert Witness on the stand.
    9/9/2009 · Securities
    The Prudent Investor Act introduced new standards for investment performance. It de-emphasizes the importance of accounting income and instead measures a trustee's performance in terms of total return (income plus growth) to the trust portfolio.

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    Elliott M. Stein, MD
    Chief of Psychiatry
    302 Silver Ave.
    San Francisco CA 94112
    USA
    phone: 415-672-9352
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    Elliott M. Stein, MD is a Geriatric Psychiatrist with over 40 years of experience caring for the elderly. Dr. Stein is Board Certified by the American Board of Psychiatry and Neurology in General Psychiatry (October, 1979), and in Geriatric Psychiatry (April, 1991; Re-Certified, December, 2001, and in April, 2011). He is licensed to practice in California and Florida.

    Dr. Stein is currently the Director of Psychiatry at the Jewish Home of San Francisco, and the Medical Director of their Geriatric Psychiatry Hospital. He treats older individuals from all over the San Francisco Bay area, typically people who have complex combination of psychiatric and medical problems.

    Dr. Stein is a Member of the Task Force on Testamentary Capacity and Undue Influence, for the International PsychoGeriatric Association. He is available to serve as an Expert Witness, do legal and forensic consultation, record review, and assessments concerning Psychiatric issues in older individuals. Dr. Stein offers his services to attorneys for both Plaintiff or Defense.

    Areas of Expertise:
    • Contested Wills and Trusts
    • Testamentary Capacity, Undue Influence, Insane Delusions
    • Geriatric Competence
    • Dementia and Delirium, Alzheimer’s Disease
    • Geriatric Psychiatry Evaluation and Treatment, Psychiatric Medication, Psychotherapeutic Issues
    • Depression and Anxiety Disorders
    • Relationship Problems between the Elderly and their Adult Children
    • Aging and Mental Disorders
    • Geriatric Psychiatry issues concerning Hospitals, Nursing Homes, Independent and Assisted Living Facilities
    • Medicare Psychiatric Services Coding and Documentation
    View Dr. Stein's Consulting Profile.
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    Michael J. Garibaldi, CPA, ABV, CFF, CGMA
    990 Stewart Avenue-Fifth Floor
    Garden City NY 11530
    USA
    phone: 516-288-7400 (Office) or 516-428-1589 (Cell)
    fax: 516-288-7410
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    Michael GaribaldiOne of the industry's leading law firm services experts, Michael J. Garibaldi, CPA, ABV, CFF, CGMA, has a strong background providing efficient and affordable solutions to the many complex issues facing the legal profession today.

    A Certified Public Accountant licensed by the State of New York, Mr. Garibaldi is Accredited in Business Valuation (ABV), and Certified in Financial Forensics (CFF) by the American Institute of Certified Public Accountants (AICPA). He is recognized as a Chartered Global Management Accountant by the Association of International Certified Professional Accountants.

    Mr. Garibaldi works closely with law firms and other professional service firms, manufacturing, wholesale/retail, medical, technology, restaurant/hospitality, artists and galleries, construction, and real estate clients where he is responsible for providing accounting, tax planning management consulting services, and financial reporting.

    Mr. Garibaldi provides valuation and litigation support services, assisting attorneys and their clients with the financial aspects of a case throughout the litigation process, from contemplation of action through expert witness testimony. He brings an in-depth understanding of the business and technical aspects of valuation, finance and accounting that is required in complex litigation and arbitration cases.

    Mr. Garibaldi qualifies as an expert in valuation matters in the Supreme Courts of New York, Nassau, Suffolk, Kings, Richmond, Monmouth, Orange, and Westchester Counties, and has been called upon by the courts to serve as a neutral Expert. As an instructor of the AICPA Certificate of Educational Achievement Program in Business Valuation, Mr. Garibaldi teaches his specialty to other professionals.

    Michael Garibaldi is a Candidate Member of the American Society of Appraisers (ASA), Member of the Institute of Business Appraisers (IBA), the Association of Certified Fraud Examiners, the American Society of Appraisers (ASA), the AICPA and the NYSSCPA. He is a past President and former member of the Board of Directors of the NYSSCPA Nassau Chapter, and has held a variety of positions on the Litigation Support Committee of the Nassau County and State Chapters of the NYSSCPA. Mr. Garibaldi has also held a number of positions on other committees and sub-committees within these organizations.

    Areas of Expertise:
    • Auditing
    • Bankruptcy
    • Business
    • Business Law
    • Business Valuation
    • Lost Profits
    • Mergers & Acquisitions
    • Finance
  • Forensic Accounting
  • Fraud Investigation, Embezzlement
  • Personal Property Valuation
  • Real Estate Valuation
  • Trusts & Estates
  • White Collar Crime
  • Dissolutions
  • Wrongful Death, Termination
  • View Michael J. Garibaldi's Consulting Profile.
    12/14/2017 · Economics
    Most lawyers know how big a problem occupational fraud is in corporate America. They may even count as clients companies that have been defrauded and suffered significant losses. Yet a "not at my firm" attitude persists among many partners who take for granted the honesty and integrity of their colleagues and staff.

    11/20/2017 · Finance
    When a dishonest CFO or controller cooks the books, it can be devastating for the victim organization. In addition to direct financial losses, financial statement frauds erode trust between management and other stakeholders, including lenders, investors and employees who own company stock. Unfortunately, it's common for smaller companies to associate financial misstatement with large public companies that focus heavily on earnings per share.

    11/3/2017 · Expert Witnessing
    It may be detrimental to an expert witness's credibility if even the appearance of a lack of independence exists. In today's legal environment, discrediting an expert based on his or her relationship with counsel, the client or the judge is common. Let's examine how to identify an expert's independence.

    There are many more purposes for which valuations are used. Each has its unique presumptions. It must be understood that there is no one value and that the same investment can have a different value to different people and for different reasons. Each valuator must analyze such differences, understand the presumptions inherent in the purpose for which the valuation is to be used, and select and implement a method to determine proper value for the purpose.

    10/6/2017 · Accounting
    When a client voiced strong suspicions that her soon-to-be ex-husband was hiding assets, her attorney investigated the claim but found nothing amiss. However, he hired a forensic accounting expert to help ensure his client would receive an equitable share of the marital estate. The expert turned up a trunkload of hidden treasure - undeclared cash income and property "stashed" under the names of the husband's mother and siblings.

    6/15/2016 · Accounting
    Goodwill can be a significant asset for a professional practice. It may include both "personal" goodwill that's attributable to individual owners and "business" goodwill that can be transferred to third parties. When accountants and other types of professionals divorce, the amount of goodwill to include in the marital estate can become contentious (and may vary depending on state law). If expert testimony on the issue is inadequate, a court might look elsewhere for help, as it did in a recent Texas divorce case, Hill v. Hill.

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    Bruce O. Treadway
    President, Personal Property Appraiser
    See Multiple Addresses Below
    IL USA
    phone: 815-308-5532
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    Bruce Treadway Estate Liquidation Expert PhotoBruce O. Treadway, founding member of Caring Transitions®, specializes in both Public, Private, and Online Estate Liquidation services and Personal Property Appraisal. As an Accredited Appraiser With over 25 years of experience, he stays abreast of the trends in collectibles and antiques.

    With a family history filled with fine furnishings and collectibles, Mr. Treadway began conducting estate sales in 1995. In December, 2006, he founded the first Caring Transitions office in Woodstock, IL. During subsequent years, he opened offices in Barrington and Northbrook, IL as well.

    Before opening Caring Transitions® in 2006, Mr. Treadway served in corporate management for Fortune 100 manufacturers of medical devices, precision electronics, and other products. Prior to this, he taught numerous information technology and business management courses at the Minnesota School of Business and Globe College.

    Mr. Treadway has served in numerous operations and project management roles. His formal education for the appraisal of Personal Property was provided by the College for Appraisers in Cypress, CA in addition to a variety of courses offered by the International Society of Appraisers.

    Having served in the US Navy, participating in Operation Desert Storm and Operation Sharp Edge, he became a Lifetime Member of VFW Post 5040 and AMVETS. He actively assists military veterans transitioning to civilian life.

    Litigation Support - Mr. Treadway offers expert witness services, including Certified Appraisal Reports, in matters of Personal Property Appraisal. He is Certified by the Appraisal Guild of America and received training as an expert witness.

    Areas of Expertise:
    • Fine Art including Paintings and Sculptures
    • Jewelry
    • Coins and Metals
    • Weapons
    • Americana
    • Porcelain
  • American Glass
  • Furnishings & Decorative Arts
  • English & Continental Pottery
  • American Pottery
  • Furniture (Golden Age)
  • Native American Objects
  • North Shore Office
    5 Revere Drive, Suite #200
    Northbrook, IL 60062
    Telephone: 847-278-0434
    NW Suburbs Office
    18 E. Dundee Rd., Building 5, Suite #300
    Barrington, IL 60010
    Telephone: 815-308-5532


    View Bruce Treadway's Consulting Profile.
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    Carl Sheeler, Ph.D.
    Co-Founder
    Available Nationally
    See Office Locations Below
    USA
    phone: 619-453-3015
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    Carl Sheeler Equity Valuation Expert PhotoCarl Sheeler, Ph.D. has 25+ years of public and private company experience with Family Business/Office Valuation, Advisory & Dispute Services – i.e., Governance, Risk Management, and planned and disruptive events associated with reducing risks and optimizing equity values.  Common matters include fiduciary duty involving equity holder rights; valuation issues as well as transitions influenced by Estate and Gift Tax, liquidity, legacy, leverage and liability considerations.

    Dr. Sheeler distills complex strategy, finance and operational issues and relevant facts into empirically supported opinions and guidance that is understandable to the layperson and applicable to company boards, founders, executives, trusted advisors and triers of fact in transfer, tax, and transactional matters. He is an authority on shareholder dispute and oppression as well as Trust and Estate and ESOP duty of care. Examples include how agreement provisions, asset allocation, debt and holding periods influence risk and investor concessions (“premiums and discounts”) on equity value.

    Litigation Support - Dr. Sheeler has completed 1,200+ engagements and testified in over 175 disputes as an IRS/Court qualified expert in ADR, state and federal courts on matters ranging from fairness opinions to class actions in matters involving 7- to10-figures. He has authored and presented on over 300 occasions on issues ranging from valuation /appraisal best practices to developing probing interrogatories and deposition inquiries. He has served on various research, regulatory, advisory and academic boards and is considered a subject matter expert on Private Company Illiquidity / Lack of Marketability and Control Adjustments as well as Equity Value Enhancement (“EVE”).

    Consultation - Dr. Sheeler is an authority on what internal and external factors aside from financial influence company value for advisors assisting founders and families with significant holdings.

    Ideal Clients include:

    • ERISA/DOL attorneys representing ESOPs
    • Transaction, Probate/Trust & Estate Attorneys involved in Tax, Transfer, and other Disputes
    • Corporate/Business/Trust Litigation Attorneys
    • Insurance/Condemnation Attorneys
    • Class Action Attorneys
    • Family Law Attorneys involved in High Net Worth Business Ownership cases

    Areas of Expertise:

    • Value Creation
    • Business Valuation
    • ESOP Appraiser
    • Strategic Planning
    • Fairness Opinions
    • Business Appraisal
    • Shareholder Disputes
    • Class Actions
    • Gift, Trust & Estate Business Appraiser
    • Economic Loss
    • Commercial Damages
    • Fractional Interest Discounting
    • Midmarket/Family Business Risk Management
    • Tangible/Intangible Holding Company Valuation
    • Corporate Governance
    • Intellectual Property
    • International and Domestic Arbitration
    • Restructuring and Debt Advisory
    San Diego, CA Office
    11622 El Camino Real, Suite 100
    San Diego, CA 92130
    Telephone: 619-235-6635
    Irvine, CA Office
    18100 Von Karman Ave., Suite 850
    Irvine, CA 92612
    Telephone: 949-743-1401

    Denver, CO Office
    1515 Wynkoop St, Suite 360
    Denver, CO 80202
    Telephone: 720-465-4610

    New York, NY Office
    1330 Avenue of the Americas, 23rd Floor
    New York, NY 10019
    Telephone: 212-223-9301

    Phoenix, AZ Office
    4742 N 24th Street, Suite 300
    Phoenix, AZ 85016
    Telephone: 602-698-6747


    To have Dr. Sheeler present a workshop at your office, or present to your group or organization, contact:
    Kelly Passmore
    949-743-1401x212
    kelly@carlsheeler.com

    View Dr. Sheeler's Consulting Profile.

    6/24/2015 · Economics
    Examining actual transactions in the private capital markets and court outcomes figure into whether holding a large block of stock equates with it control or even a premium. The internal and external factors, legal provisions, and property performance drive this result.

    This article establishes there is recognition by the IRS and the courts that a well-supported proof of impairment based on the sale of a large number of shares necessitates an investor concession. It provides the rationale and methodology to capture the existence and the level of impairment.

    In this article, Dr. Carl Sheeler, responds to a September 9, 2013 concept paper authored by Rick Baumgardner, Chair of the Appraisal Practices Board of the Appraisal Foundation, titled “Valuation Issues in Separating Tangible and Intangible Assets.”

    Valuation professionals are uniquely positioned to help clients identify opportunities and third parties that can take them to a proverbial next level. Business valuation is about more than just benchmarking and deriving a defensible conclusion of value, it should entail understanding the value and interplay of governance, risk, relationships, and knowledge.

    This article addresses what is often omitted from most asset holding entity valuation reports. By failing to include issues like the ones outlined, the resulting adjustments are less empirical and more a "guesstimate". Valuation practitioners and their advisory clients have a duty to the users of our reports to accurately address equity level risks

    Think like an investor, not an accountant! If fair market value is to determine investor expectations and equity risk; then why do these factors receive limited or no consideration when opining on the level of impairments (investor concessions) ubiquitously referred to ask discounts? This article addresses the business risks associated with asset-holding companies' equity that should be considered and reported when preparing a valuation report.

    Knowing the value of a business and delivering real value to a client company entails far more than using EBITDA multiples or going along with a rule of thumb to keep the peace. As professionals, valuators must be far more rigorous in their engagements, and focus on delivering value. The obligation to identify, measure, manage, and mitigate the risks are their responsibility. In this candid analysis, Dr. Carl Sheeler shares some insights, based on his 1,000+ engagements, where he has found problems that led to disputes, misalignment of expectations, and company-specific risks that impair value and value creation.

    The thoughts below explore existing business valuation (BV) practices. The discussion may cover issues that are unfamiliar to BV analysts whose clients have businesses of below $5 million in revenues, or for those who deal primarily with midmarket clients of $50 million in revenues and above. First, it is necessary to acknowledge the many BV thought-leaders who have propelled our current body of knowledge forward. These valuation heroes have assisted countless practitioners and clients. In the absence of the development of best practices, those wishing to make a buck off of the market's ignorance would abound. Also, special thanks to the theoreticians who embrace the ethereal aspects of our industry with application of concepts such as regression analysis.

    Carl Sheeler, PhD
    This book provides the information and tools practitioners and business owners need to work with the multitude of intangibles - Governance, Risk, Relationships & Knowledge ("GRRK") - in equity investment decisions. The author engages readers with an insightful and brief claim: "Values are more than numbers." He then provides support for just how important human capital is to the value creation paradox.