EJ Janik, CPA, CFF, CFE, CFLC

EJ Janik* is a Certified Public Accountant in the State of Texas. He holds a Master of Science in Accounting from Louisiana State University and a Bachelor of Commerce from Rice University. He also attended Loyola University. At LSU in 1978, he received the LSU Department of Accounting Special Appreciation Award and the Beta Gamma Sigma Graduate Award. Mr. Janik's training and education includes over 3,000 hours of continuing professional education involving my overall areas of experience including applicable valuation principles, guidelines in litigation matters. 

Mr. Janik has over 40 years of public accounting and financial consulting experience, which includes working for Fortune 500 companies, public, and private entities in a variety of industries including, but not limited to: manufacturing, wholesale, food industry, engineering/construction, environmental, real estate, securities, oil and gas, communications, distribution, transportation, energy, paper, software, medical, estates, insurance, trucking, banking and public/private foundations, among others. 

Mr. Janik is President of a certified public accounting firm. His experience includes over seven years with an international public accounting firm, involving financial audits and consulting assignments. His consulting experience includes five years with the then largest full-time consulting/dispute resolution firm having held the position of Vice President and Executive Consultant. He also served as Vice President of a state-wide CPA firm. 

Mr. Janik has specific experience assisting clients and their counsel in resolving business disputes. He has consulted and testified on financial and management matters for clients, committees and attorneys. His experience includes business dispute consulting, the analyses as to fact and damage issues, economic modeling of costs, lost profits, business reorganization consulting, and document management. These types of engagements involve the following matters: antitrust/pricing issues, audits, bankruptcy analyses, business interruption, business valuations, construction claims, contract disputes, cost determinations, criminal investigations, damage analyses/critiques, debt and capital analyses, dispute resolution, due diligence, energy, environmental claims, feasibility studies, forensic accounting, GAAP, GAAS, fraud analyses/investigations, hazardous waste/remediation, insurance claims, lost profits, mergers and acquisitions, real estate, royalties/commissions/income, solvency, Superfund/environmental claims, tracing, valuations, wastewater, and white collar crime investigations, among others. 

The fraud related engagements also relate to: check kiting, unauthorized transactions, embezzlement, credit card transactions, altered bank related transactions, and questionable payments/disbursements, among others. 

Mr. Janik is licensed by the Texas State Board of Public Accountancy and is a member of the American Institute of Certified Public Accountants (AICPA) and the Texas Society of Certified Public Accountants (TSCPA). He is a CFF, Certified in Financial Forensics by the AICPA, and a member of the Forensic and Valuation Services (FVS) section. He is a Certified Fraud Examiner (CFE) and a member of the Association of Certified Fraud Examiners (ACFE). He is a member of FEWA (Forensic Expert Witness Association). He is an associate member of the NACVA (National Association of Certified Valuators and Analysts) and the IBA (Institute of Business Appraisers).   He is a Certified Forensic Litigation Consultant (CFLC).

Mr. Janik's experience (a) includes, but is not limited to, matters relating to: 

Accounting / Financial Audits - Mr. Janik has extensive audit, accounting, and SEC experience including the preparation and review of annual and quarterly financial reports, 10K's, 10Q's and other shareholder reports. His experience includes initial public offerings, public and private company audits, GAAP, GAAS, due diligence, debt offerings, and state and federal regulatory filing requirements including reporting to state highway departments and utility commissions. 

Business and Dispute Consulting / Antitrust - Mr. Janik's experience includes matters involving fact finding, accounting/financial/economic modeling, projections/trend analysis, investigative audits, extensive tracing of assets, reconstruction of business records, merger and acquisition issues, banking issues, contract disputes, cost accounting reviews, government contracts, fraud, trustee mismanagement, due diligence, antitrust, business interruption, insurance claims, business valuation issues, lost profits, forensic accounting, GAAP, GAAS, inventory, income producing assets, fixed assets, credit cards, damage analyses/critiques, color graphics, trial exhibits and testimony, among others. Antitrust issues include financial/economic modeling, variable/fixed costing issues, predatory pricing, among others. 

Engineering and Construction (E&C) Environmental/Other - Mr. Janik has over 13,000 E&C auditing hours, over 10,000 E&C consulting hours, and over 15,000 E&C supervised hours.  Mr. Janik has extensive experience in assisting numerous clients including multi-billion dollar international engineering, construction, project management companies and home-building clients in financial audits, investigations, joint venture accounting and dispute avoidance and resolution matters. His experience includes evaluating claims and contract disputes, matters of direct costs, cost valuations, indirect costs, overhead, profit, acceleration, delay, disruption, differing site and concealed conditions, defective plans, change orders, terminations, payroll fringe burdens, overhead calculations, prequalification filings, hazardous waste/remediation, and Superfund/environmental claims, among others. He has also provided government contract consulting regarding cost allocations, cost allowability and overhead rates.  Mr. Janik's experience includes hazardous waste / Superfund site remediation engagements located in: Arkansas, California, Illinois, New York, Pennsylvania, and Texas. 

Real Estate - Mr. Janik has assisted in the reviews and audits of business performance and valuations, cash flow requirements, pro forma operating results, commercial and residential real estate investments and liquidations, among others. These include matters involving national investment/management companies, land developers, high-rise condominium developments, apartments, resort developments, home building companies and commercial contractors. 

Bankruptcy/Business Reorganizations/Lending - Mr. Janik has consulted on asset valuations, solvency, insolvency reviews, fraudulent conveyances, pro forma cash flows, pro forma financials, liquidation analyses, restructured credit agreements, pro forma equity valuations, debt and capital analyses, and feasibility studies, among others. In addition, he has analyzed the reasonableness of financial projections, underlying assumptions, and quasi reorganizations including plan feasibility and the adequacy of disclosure statements, among others.

Business Valuations - Mr. Janik has consulted and testified in litigation matters to Business Valuation amounts involving: multi-million-dollar oil and gas investments, a refiner, renovated apartment complexes, a medical practice, various restaurants, among others and numerous valuation matters including Revenues, Cash Flows, EBITDA, among other valuation and damage metrics. 

(a) Mr. Janik, prior to graduate school, was a sales representative with Carnation Company. He also was a part-time salesperson of sound electronics for over four years. At LSU, Mr. Janik was the graduate assistant to the Chairman of the Accounting Department. 

* Full name: Ernest Anton Janik, Jr.  

From 1987 to 1995 EJ made prior presentations to sections of the Dallas Bar Association (e.g. Commercial Litigation, Construction, Antitrust) and law firms involving consulting, lost profits, construction, antitrust, among other matters. I have published or presented the following, and some include co-authors and/or co-presenters.

1. Antitrust Practice & Professionalism in the 1990's: Use of Experts in Antitrust Litigation, 12/1995 presentation at SMU Law School (c)
2. Computation of Lost Profits and Damages, 6/2005 presentation at Dallas Bar Association
3. Use of Financial Experts in Litigation, 6/2005 presentation at Dallas Bar Association
4. Research Regarding Lost Profits and Damages, 6/2005 presentation at Dallas Bar Association
5. Business Lost Profits and Damages, 9/2005 presentation at Business Leaders and Owners Consortium (a) (b)
6. JANIK PC website, 7/2008 copyrighted
7. Experts Beware of Recent Daubert Challenges and Results, 1/2009 presentation at FEWA (a) (b)
8. January 2009 Current Trends / Events in Litigation, 1/2009 presentation at FEWA
9. Lost Profits / Damages; 5/2009 presentation at Dallas Bar Association
10. Lost Profits Excerpts of AICPA Publications; 5/2009 presentation at Dallas Bar Association (a) (b)
11. Best Practices CLE re: Expert Witnesses: 10 Phases; 3/2011 presentation at Dallas Petroleum Club (a) (b)
12. Construction Claim Case Study; 5/2011 presentation at Dallas Petroleum Club (a)
13. Expert Reports; 8/2011 presentation at FEWA (a) (b)
14. Expert Daubert/Robinson Challenges, February 2013; 2/2013 presentation at FEWA (a)
15. Lawyers and Experts: Beware of Daubert, Robinson, Kuhmo; 10/2013 presentation at FEWA; 5/2014 presentation at Dallas Bar Association (a)
16. Expert Witnesses and Lawyers Caught Off Guard: Lessons Learned; 2/2014 presentation at FEWA (a)
17. Lawyers and Experts: Beware of Daubert, Robinson, Kuhmo: May 2014 Supplement and 2015; 5/2014 presentation at Dallas Bar Association; 6/2015 FEWA webinar; 9/2015 webinar (a) 
18. Business Forensics I; 9/2014 presentation at Dallas Bar Association; 2/2015 webinar (a)
19. Experts in Arbitration; 11/2014 FEWA Dallas Chapter Seminar: co-panelist (a)
20. Business Forensics and Fraud at 2014: What was Discovered; 12/2014 at Tower Club (a)
21. Construction Claim Diagnostic Analytics; 12/2014 at Tower Club; 6/2015 Dallas Surety Association; 2/2015 webinar; 9/2015 webinar (a)
22. Lessons From The Front Lines…How to Keep Your Expert Alive and Survive Motion To Exclude; 8/2016 presentation to the Collin County Bar Association (a)
23. The Art of e-Discovery in 2017; 2/2017 co-presentation at Dallas Chapter Meeting of Forensic Expert Witness Association (a)
24. Code of Ethics and Professional Standards for Experts; 5/2017 FEWA Dallas Chapter Dinner Meeting (a) (b)
25. A Look Under the Hood at an Artificial Intelligence Engine in eDiscovery and Litigation (a) (b)8/2017, 9/2017, and 2/2018 presentations at Ryan Fraud and Forensic Recovery, LLC
26. Tools of the Trade: Pups and Old Dogs can learn new tricks (a) (b); Moderator at 5/2018 FEWA Dallas Chapter Meeting
27. What Judges Really Think: A Conversation With Two Texas Northern District Federal Judges (a) (b); Co-Moderator at 11/2018 FEWA Dallas Chapter Dinner Meeting
28. SEC Regional Director Q&A Session; Moderator at 11/2018 ACFE Dallas Chapter Meeting
29. Ethics and Best Practices of Working with Financial Consultants and Experts (a); Co-Speaker at 3/2019 Dallas Bar Association meeting
30. Ethics and Business Fraud; May 2019, presentation at 29th Annual DFW Fraud Conference of Dallas Chapter of Association of Certified Fraud Examiners
31. Tools of The Trade: Pups and Old Dogs can learn new tricks(a) (b); Moderator at 5/2018 FEWA Dallas Chapter Dinner Meeting
32. How to develop a successful forensic expert witness practice; presentation at 9/2018 FEWA workshop
33. What Judges Really Think: A Conversation with two Texas Northern District Federal Judges(a) (b); Co-Moderator at 11/2018 FEWA Dallas Chapter Dinner Meeting
34. SEC Regional Director Q&A Session; Moderator at 11/2018 ACFE Dallas Chapter Meeting
35. Ethics and Best Practices of Working with Financial Consultants and Experts (a); Co-Speaker at 3/2019 Dallas Bar Association meeting
36. Ethics and Business Fraud; May 2019, presentation at 29th Annual DFW Fraud Conference of Dallas Chapter of Association of Certified Fraud Examiners.
37. How Clients Search for a Consultant and the Transition to Testifying Expert; Co-Moderator at May 2019 FEWA Dallas Chapter Dinner Meeting
38. Code of Professional Ethics and Professional Standards; Business Fraud and Forensics – What was Discovered; Presented to University of North Texas Mayborn School of Journalism course “Ethics, Law and Diversity in Strategic Communications”, 2/2020.
39. Best Practices for Depositions and Expert Witnesses; Speaker at Dallas Chapter of Association of Certified Fraud Examiners monthly meeting, 3/12/2020.
40. Best Practices in working with Experts -- 10 Phases; Speaker for on-line webinar(a) 4/2/2020.
41. Best Practices for Depositions and Expert Witnesses; Speaker for on-line webinar(a) 4/9/2020.
42. Best Practices: Business Interruption, Damages, Lost Profits; Speaker for on-line webinar(a) 4/16/2020 and 6/4/2020.
43. Best Practices: AI in Litigation; Speaker for on-line webinar(a) 4/23/2020 and 7/23/2020.
44. Best Practices: Bankruptcy Forensics and Litigation; Speaker for on-line webinar(a) 4/30/2020 and 5/14/2020.
45. Developing Expert Opinions in a Virtual Climate and Providing Expert Witness Testimony Remotely; Moderator/Presenter at FEWA Virtual Conference 5/7/2020.
46. Bankruptcy, Business Interruption, Building and Construction Claims; Moderator/Presenter at ACFE virtual meeting on COVID-19 Impact on Practice Areas, 5/8/2020.
47. Post-Transaction Financial Disputes: Price Adjustments, Earn-outs, and the Impact of Economic Uncertainties; Co-Presenter for on-line webinar(a)  8/6/2020.
48. Business Fraud and Forensic Cases @ 2020: What Was Discovered; Co-Presenter for on-line Ryan Webinar 3/25/2021(a).
49. Best Practices of the Successful Expert Witness; A session Presenter for 2021 FEWA National Conference 6/12/2021.
50. Damages, Lost Profits and Claims; Presenter for on-line Ryan Webinar 7/15/2021(a).
51. Trust, But Verify – An Approach to Analyzing Trust & Estate Accountings; Co-Presenter for on-line Ryan Webinar 9/23/2021(a). 

      Footnotes:

• (a) MCLE Approved Course by the State Bar of Texas
• (b) Approved as CPE Sponsor by the Texas State Board of Public Accountancy
• Note: FEWA = Forensic Expert Witness Association 

“Your efforts were superb and I hope to get to work with you again.”

"Thanks for your exceptional assistance in our dealings with..."

"I appreciate very much your work on this matter.  With the defendant changing his story and theories constantly, I know it must have been frustrating to you to constantly have to do new analyses and calculations.  I have no doubt that if you had testified that we would have been able to conclusively show that he had not suffered any damages." 

In the never-ending search for 'good, fast, cheap' accounting/fraud/damages experts, please note that I recently settled a case in which our expert's report, along with some related discovery efforts, helped to reduce the Plaintiffs' initial settlement offer by 85 percent.  I recommend him highly." 

Once again, we thank you for your hard work, attention to detail and responsiveness in connection with the case.  I am sure that we will have the opportunity to work together again and you may rest assured that I will not hesitate to give your name to my colleagues who may need someone with your capabilities." 

"Again I want to congratulate you on what was a very positive experience and express my sincere thanks for your dedication... Your contribution was immense and appreciated." 

"I sincerely thank you for the excellent work you performed for us in preparation for settling our claims.  You are undoubtedly one of the most energetic, cooperative and professional individuals I have ever had the pleasure of knowing.  You immersed yourself into our project files and quickly identified and evaluated the salient financial issues we had failed to understand after many months of study.  Most importantly, you were able to convey volumes of data concisely via colorful graphics.  I additionally wish to commend you for the convincing oral testimony you provided during our grueling mediation.  Our successful resolution is due in large part to your efforts, EJ.  Thanks so much and I look forward to working with you again." 

"I write to advise that the lawsuit has settled.  I wanted to take a moment to personally thank you for your guidance on the issues presented on the case.  I enjoyed working with you and look forward to working with you in the future." 

"Thank you again for working on this matter.  It was a great help." 

"Thank you for the fine services you provided on our behalf." 

"Your good work in the... case, of course, helped achieve the significant victory in the case." 

"As previously expressed, we appreciate your cooperation and assistance.  Your efforts certainly contributed to our ultimate success.  It was a real pleasure working with you, and I hope we have an opportunity to work together again." 

"We very much appreciate your efforts in this case, particularly the work over the weekend during the trial where we built everything up from scratch.  I apologize for the awkwardness of your testimony on Friday afternoon.  Your efforts were superb and I hope to get to work with you again." 

"We want to express again our deep appreciation for your fine work on the project, and we hope to have the opportunity to work with you again.  Thank you for your assistance." 

"Thank you for the fine work and able assistance which you rendered to our clients in this important matter.  It is our view and that of our clients that your services were most valuable and materially aided the disposition of this matter in a manner favorable to our clients." 

"Thanks for all of your hard work on this matter. Your work was clearly instrumental in achieving the settlement and would have been compelling had the matter gone to arbitration.  I appreciate the opportunity to have worked with you, and hope that we will be able to work together again soon."

"I would like to take this opportunity to congratulate EJ Janik for his superb performance to date.  I think EJ has brought us to a level that in all likelihood will predict success in this arbitration case.  His thought provoking style has brought key information that could only have been identified by someone with EJ’s experience.  His pleasant nature has made it a pleasure to be around him.  His independent and honest approach to this case has given me a sense of confidence that was not obvious before he came on board. He has really become a solid team member in short order.  Please extend my thanks to him for an outstanding job." 

"EJ, it was a pleasure working with you and seeing a true professional in action.  I want to thank you for that excellent work, and my only disappointment is that I did not get to see you demolish the lawyer cross-examining you.  Since I am not planning on any more litigation, I guess I will never get to see it, but if someone seeks a recommendation from me, you can be certain that you will head the list of experts.  Again, thanks and I look forward to our paths crossing in the future." 

"I am very happy to announce that both matters described above have settled!!... Thank you both so much for your help, we could not have done it without you!" 

"Thank you for all your great work on the case! Your work was critical to getting the settlement. We and the clients are really appreciative! We look forward to working with you again." 

"I just wanted to say thanks for all of your hard work and expertise in this case. I know you and your team worked incredibly hard on this matter and the reports and information you provided were critical to our success in this case. Thanks again. I look forward to working with you again soon." 

"I can't thank you enough for all of your research and models. Unbelievable how you can make it all come together! We would not have had a chance without you. I'm glad I got to know you..." 

"And again, from the bottom of my heart, thank you for everything you have done for [us]. You can certainly count me as a member of your fan club!" 

"We appreciate your efforts and contributions to our defense... We look forward to working with you again." 

"[K]now that I'm very pleased with the way things turned out, and I feel like much of that is due to your efforts." 

"This looks great... We really appreciate you working hard all the way to the finish line on this one. I know it's been a grueling marathon, but the dedication of you and your team has paid off once again." 

"It was great working with you on this case. The work you did was excellent, and very helpful." 

"I enjoyed working with you on this matter, and appreciated the professionalism of your staff." 

"I've really enjoyed working with you, and I hope to be able to work with you again in the future."