Lincoln Memorial Park Litigation

Biggs & Co. was retained by the class counsel in this litigation matter, and performed the following services:

• Custom database programming and report writing for claims administration activities;
• Review of class member correspondence and voice mail messages;
• Update information in database with new class members and address changes received from counsel and class member correspondence;
• Analysis of settlement fund tax issues;
• Preparation of declarations.

Paradise Memorial Park Litigation

Biggs & Co. performed the following services in support of this class action suit:

• Custom database programming and report writing for claims administration activities;
• Review of class member correspondence, voice mail messages, and update of information in database with new class members and address changes received from counsel, class member correspondence and Mortuary Defendants;
• Analysis of settlement fund tax issues;
• Preparation of declarations;
• Preparation of address data from database for skip-trace and importation of results into database;
• Coordination and mailing of notices of Proposed Distribution Plan to approximately 6,500 class members, and updating of returned address changes in database;
• Coordination of publication of notice in newspapers, on website and onsite at cemetery to notify potential class members;
• Analysis of issues relating to mailing of supplemental notice to additional database of class members supplied by Mortuary Defendants.

Janus Fund

Class Members: 800
Activities:

• Class member notification and verification
• Distributions - preparing, signing and mailing checks
• Tax filings - 1099 reporting, federal and state tax returns for class
• Confirmation and verification of claims data
• Computation of distributions based on verified claim data
• Dispute investigation and resolution

A unique complexity in this case involved determination of the amount of members' claims to serve as the basis for allocating distributions. Members had made investments and received interest bearing notes for their investments. Some members had received cash distributions representing interest and/or principal payments. Other members had elected to reinvest all or a portion of their interest payments and, consequently, received no cash distributions before failure of the scheme.

Biggs & Co. prepared an analysis of the respective members investments, interest and principal distributions received and prepared a recommendation to the Court for handling these distributions along with a proposed claim amount for each class member.

Note: Biggs & Co.'s recommendation in this case, which was approved by the Court without modifications, was to disallow any interest payments, consider any distributions received by members as return of principal and compute respective members claims on the amount of their actual cash investment, less any distributions previously received from the "Ponzi" scheme.

Fund America

Class Members: 6,000
Activities:

• Class member notification and verification
• Distributions - preparing, signing and mailing checks
• Tax filings - 1099 reporting, federal and state tax returns for class
• Confirmation and verification of claims data
• Audit and verification of class member expense account data, credit card chargeback data, commis- sion income, and other data included in computa- tion of member claims
• Dispute investigation and resolution

A major complexity of this case involved the determination of the respective member's allowed claims. The basic component of each member's claim was the amount of unpaid commissions due. This amount had to be adjusted, however, for certain allowed out of pocket expense reimbursements and commission adjustments from cancelled sales, credit card chargebacks and prior expense reimbursements and advances. The complexity of this analysis was magnified by the size of the class.

Biggs & Co. performed all the analysis and work to audit the member data and determine allowed claim amounts. Additionally, Biggs & Co. setup the computer database and reporting system to process member data and prepare distributions.

SEC vs. Concord Capital Enterprises

This matter involved a "Ponzi" scheme with over $20 million dollars invested by more than 300 individuals. Accounting records were either never maintained or destroyed by Concord and, consequently, all transactions for approximately a two-year period had to be reconstructed from bank records and documents to prepare an accounting of Concord cash receipts, cash disbursements and investor transactions. Biggs prepared a comprehensive accounting and identified funds invested by each respective investor and disbursements made thereto. A statement of transactions for each investor was prepared and submitted to the respective investors for confirmation of their transactions, account balances and allowed claims. In addition to investor transactions. Biggs' accounting identified recipients of funds, assets acquired by Concord and other sources of recovery of funds for the benefit of creditors.

SEC vs. J.T. Wallenbrock

Biggs was retained by the Court appointed Receiver in this case to analyze the defendant's books, records and operations. Biggs prepared an accounting of Wallenbrock cash receipt and cash disbursement transactions and traced the use of investor funds to provide evidence for litigation, recovery of assets and verification of investor claims. The evidence obtained by the tracing of Wallenbrock's cash disbursements was used to pursue recovery and liquidation of assets for the benefit of creditors.

Biggs established specific accounts for each investor, accounted for cash receipt and cash disbursement transactions for the respective investors, and prepared a statement accounting for all transactions for each investor. These statements were used to confirm specific transactions with the investors and develop a "Proof of Claim" to serve as the basis for distributions.