Derk Rasmussen

Experience

Derk retired at the end of 2022 and lives in Idaho, although he is no longer an employee of Sage he does still work on some matters and engages in such through an independent contractor Of Counsel relationship with Sage.

Mr. Rasmussen has been involved in consulting services since 1983. He spent a considerable portion of his consulting career in the areas of business valuation, investigative accounting, damage analysis, projection and feasibility analysis and bankruptcy/liquidation consulting.

Mr. Rasmussen performed over two hundred business valuations on firms doing business in a wide variety of industries. He was involved with several large business projection/feasibility studies. These studies usually involved assessing the value and viability of new business ventures. Although some time ago, among the most noteworthy of these studies was an engagement for Salt Lake County analyzing the viability of a new arena for the Utah Jazz. Additional studies included analysis of a new ski resort, golf course, transportation system, and resort hotel. Mr. Rasmussen was involved with the Utah Venture Capital conference and assisted a wide variety of high-tech start-up companies with business plan presentations to venture capitalists. The presentations included projections of future revenue streams to allow venture capitalists to assess the potential return on investment, that could result by investing in the presenting company.

Mr. Rasmussen was involved in several international engagements. He testified in a Portuguese criminal trial where there were allegations of stock fraud relating to two telecommunication companies. Mr. Rasmussen provided expert testimony to the Portuguese court on business valuation and forensic accounting issues. He also performed business valuation services on two companies that the Portuguese prosecutors claimed had little or no value.

Mr. Rasmussen testified on many occasions on diverse matters including testimony before State Court, Federal Court, Bankruptcy Court and State, County and City Regulatory commissions and committees.

The following is a summary of Mr. Rasmussen’s business valuation, projection/feasibility study, investigative accounting, damage analysis, and bankruptcy/liquidation experience.

Business Valuations

• Calculated the value of closely held companies in a wide variety of industries for buy-sell purposes, ESOP plans, divorce settlements, stockholder disputes, bankruptcy adversarial proceedings, governmental regulatory agencies, gift and estate tax plans, and other litigation situations.
• Performed business valuations in fraud cases to help establish intent to defraud or in defending allegations of intent to defraud.
• Informed as to the rules and processes that guide an appraisal, and has extensive experience in performing appraisals in both cooperative and contentious appraisal environments.
• Business valuations expertise and experience extends to a wide variety of industries; resort facilities, hospitality, professional services, food service, manufacturing, banking, technology, communications, to name a few.
• Performed an appraisal of major resort facilities in Utah and Idaho
• Performed an appraisal of hotels and golf courses in Utah and Kentucky.
• Performed various valuations of companies holding contracts with the U.S. Forest Service to run river tours on the Colorado River.
• Performed an appraisal of a heavy-duty truck brake company in a California Anti-Trust case that involved both lost profits and destruction of business.
• Performed a valuation of a satellite communications provider involved in a shareholder dispute. As a U.S. government subcontractor, the company provides satellite communication services for the U.S. government at locations around the globe.
• Performed over 30 different valuations on alternative energy projects of an independent energy company.
• Performed five separate appraisals for three different companies involved in the paper mill industry in a Washington legal malpractice case.
• Valued a vertically integrated California conglomerate of family-owned businesses for gift and estate tax purposes. The conglomerate’s chicken and turkey farm operations consist of more than 50 entities, including ranches, hatcheries, and processing plants.
• Performed a valuation for a company involved in a shareholder dispute that provides credit unions with computer systems, products, and services. Although the company’s primary focus is providing data processing systems to credit unions, its track record reflected the company’s evolution from its mini-computer roots in 1975 through a number of subsequent software and focus-driven adaptations.
• Performed an appraisal of a company that provides secure financial transaction processing and billing services via the Internet, including credit card transactions, electronic checks, invoicing, monthly billing statements, recurring billing automation, private label credit cards, and micro payment transactions. This valuation was conducted in litigation over a dissenting shareholder action.
• Performed valuations on a vertically integrated grouping of three New York family-owned businesses that were involved in catching and brokering seafood, both domestically, in the United States, as well as internationally in countries such as the UK, Russia and China. Performed this valuation as a U.S. government subcontractor for the National Pollution Fund Center.
• Determined reasonable royalties in a case involving patent infringement. Retained by the alleged infringer in a claim whereby the holder claimed royalties on the use of a patented brine shrimp harvesting attachment. Demonstrated through economic analysis that the royalties claimed by the holder were not reasonable.

Projections and Feasibility Studies

• Managed the preparation of detailed cash flow projections for a new downtown sports and entertainment arena and an expanded convention facility.
• Managed the preparation of detailed financial statements and cash flow projections for a new golf course, funicular transportation system, ski resort and hotel.
• Performed market demand analysis for the potential expansion of a hotel chain.
• Performed projections of future cash flows for proposed office developments.

Forensic/Investigative Accounting

• Supervised and performed reconstruction of accounting records as a result of theft, floods, fire and other natural disasters.
• Supervised and performed investigative accounting work for criminal fraud trials and claims.
• Supervised and performed investigative accounting services on the assets of marital estates in divorce cases.
• Supervised and performed investigative accounting services on officers and directors litigation and partnership disputes.
• Supervised and performed investigative accounting services on large damage cases such as Anti-trust, Breach of Contract, Product Liability and Intellectual Property.

Bankruptcy/Liquidations

• Involved extensively in administrating and accounting for Chapter 7 and 11 cases.
• Assisted legal counsel in many adversarial proceedings in bankruptcy court including substantive consolidation motions, fraudulent conveyance and preference actions.
• Performed projections for Chapter 11 companies’ plans of reorganization.
• Performed numerous Insolvency/Solvency analyses.

Financial Institutions

Mr. Rasmussen provided consulting services regarding litigation and related settlements for financial institutions, including:

• Professional liability with the legal, accounting and appraiser professions.
• Breach of fiduciary duty for officers and directors.
• Bond Claims - Key employees.
• Valuations of financial Institutions.
• Contract disputes.
• Lender Liability claims.
• Bank fraud.
• Asset searches.
• Projections and feasibility analysis on debtor plans of reorganizations.

Economic Loss Calculation

• Calculated the lost profit calculations due to business interruptions for retail, wholesale, manufacturing and service companies. Prepared reports for insurance companies and expert testimony detailing lost business profit calculations. Assisted plaintiff and defendant attorneys with analysis of numerous lost profit claims.
• Personal Injury, Wrongful Death and Wrongful Termination
• Analyzed the economic loss resulting from personal injury, wrongful death and wrongful termination cases. Prepared reports for settlement purposes and supplied expert witness testimony.
• General Litigation Services
• Analyzed and performed damage calculations on Anti-Trust cases.
• Computed damages relating to contract disputes.
• Computed damages on intellectual property cases.
• Analyzed and Computed damages on product liability cases.
• Computed damages involving losses associated with construction contracts.
• Computed damages on a wide variety of cases involving lost business profits and destruction/diminution of business value.

Educational Qualifications

Mr. Rasmussen earned a Bachelor of Science degree in Accounting and a Bachelor of Science degree in Finance from the University of Utah and a Master of Business Administration degree from Utah State University.

Professional Affiliations/Activities

• Certified Public Accountant, licensed in Idaho and Utah (CPA)
• Member of the American Institute of Certified Public Accountants
• Member of the Utah Association of Certified Public Accountants
• Member of the Association of Certified Fraud Examiners (CFE)
• Accredited Senior Appraiser of the American Society of Appraisers (ASA)
• Accredited in Business Valuation (ABV) from the American Institute of Certified Public Accountants
• Certified in Financial Forensics (CFF) from the American Institute of Certified Public Accountants

Publications and Courses Taught

• Author of a continuing legal education course on Understanding Business Valuations
• Author of a continuing legal education course on Damage Claims Analysis
• Author of a continuing legal education course on Discovering Hidden Assets
• Author of a continuing legal education course on Forensic Accountant Expert Witness Qualifications and Selection
• Author of a continuing legal education course on Business Valuation as a component of Economic Loss
• Author of The Science and Art of Business Valuation, THE JOURNAL ENTRY (November 2001)
• Author of Enron Demonstrates Weaknesses in the Attestation Process, THE CPA JOURNAL (September 2002)
• Author of Truth or Dare: Assessing the Reliability of Financial Statements in a Post-Enron World, UTAH BAR JOURNAL (October 2002)
• Author of Fair Value in Utah, THE JOURNAL ENTRY (August 2003)
• Author of Expert Witness Qualifications and Selection, THE JOURNAL OF FINANCIAL CRIME (December 2004)
• A Unified Approach to Calculating Economic Damages, TEXAS PARALEGAL JOURNAL (Summer 2005)