Contractual Analysis, Recreation of Financial Transactions, Tracing of Funds
This case involved classifying whether payments made over approximately 6 years by a trust were mandatory distributions or discretionary distributions requiring appropriate approval. The client (the bank) was alleged to have allowed approximately $1.2M in damages in the form of unauthorized payments from the trust. After an analysis was performed on the amounts and types of payments made from the trust, the alleged total damages were reduced to approximately half the original amount. This case ultimately settled at mediation.