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Expert Witness Falsely Represents his Credentials

October 29, 2015

Global Tungsten & Powders Corp. (“GTP”) recently brought a breach of contract and fraudulent misrepresentation suit against EisnerAmper LLP. The suit alleges that an expert witness provided by the firm lied about having a doctorate degree; this cost the plaintiff a $10.3 million arbitration award.

Richard Gering, the expert in question, and EisnerAmper falsely represented that Gering earned a Ph.D. This, Global Tungsten claims, ended a settlement agreement worth possibly $10.3 million in arbitration over a disputed sales agreement. GTP also claims that EisnerAmper received approximately $151,000 for its work on the case, which, due to negligence, should have been returned.

The dispute stems from a supply agreement in which Largo Resources Ltd. agreed to sell monthly supplies of tungsten concentrate. GTP hired Drinker Biddle & Reath LLP to represent them in an arbitration concerning Largo Resources. Drinker Biddle & Reath entered into an agreement with EisnerAmper and Gering on GTP’s behalf.

All plans to reach a settlement were put on hold since the fraudulent misrepresentation came to light. In February, Largo asked a judge to vacate the award. Ultimately, Largo and GTP signed an $11.5 million agreement with the understanding that GTP would release the remaining contract rights. GTP is seeking damages, interest and attorneys’ fees.

In my research, I did find that Gering had falsely represented himself listed as “Dr.” and “PhD”, however, now he is represented on his LinkedIn as a “PhD Candidate” with all courses completed except his dissertation.

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