Melissa Davis is a Partner at KapilaMukamal and joined the firm in 1998. Her practice concentrates on forensic investigations, litigation support and insolvency advisory services. Ms. Davis has qualified as an expert in federal court, testified in trials, hearings and depositions. She has served as a court appointed Assignee for the Benefit of Creditors and as Plan Trustee in Chapter 11 bankruptcy matters. She has worked on numerous high profile cases.
Professional Experience
Ms. Davis concentrates on providing forensic accounting, litigation support and insolvency advisory services to clients. She has conducted large scale fraud investigations, including forensic and securities fraud and corporate business conduct analysis. Her experience includes civil and criminal litigation support, asset tracing, tracing commingled funds, damage calculation services and forensic accounting services associated with EB-5 investor related matters.
Ms. Davis has extensive experience in investment scheme and Ponzi-scheme investigations which have involved working in conjunction with the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC), the Commodity Futures Trading Commission (CFTC), the Federal Bureau of Investigation (FBI) and various united States Attorneys Offices. She has provided investment scheme investigation services to federal equity receivers, investors, bankruptcy trustees and government agencies.
Ms. Davis has served as a financial advisor to fiduciaries operating distressed companies in a variety of industries including website operations, mobile fueling, health insurance, real estate, retail, hospitality, assisted living facilities/nursing homes, metal extrusion, stevedoring and waste management. Her experience includes distressed business operations, cash flow projections and analysis, management, preservation of collateral and asset divestiture services. Ms. Davis has investigated fraudulent and preferential transfers, prepared defense, solvency and liquidation analyses.
Education
Bachelor of Business Administration degree, with a major in Accounting, Florida Atlantic University, Boca Raton, Florida
Member and officer of the academic accounting fraternity, Beta Alpha Psi
Recipient of Florida Institute of Certified Public Accountants academic scholarship
Professional Qualifications/Affiliations
Certified Public Accountant, State of Florida
Certified Insolvency & Restructuring Advisor
Certified Fraud Examiner
American Institute of Certified Public Accountants
Association of Insolvency and Restructuring Advisors
Florida Institute of Certified Public Accountants
Association of Certified Fraud Examiners
American Bankruptcy Institute
International Women’s Insolvency and Restructuring Confederation (IWIRC)
Bankruptcy Bar Association of the Southern District of Florida
National Association of Federal Equity Receivers
Speaking Engagements
National Association of Federal Equity Receivers – 2023 Annual Conference – “A Ponzi Scheme by Any Other Name: Is It So Sweet?” September 2023
Tampa Bay Bankruptcy Bar Association – “Valuation of Assets Amid a Pandemic” – May 2022
National Conference of Bankruptcy Judges – American Bar Association – “Valuation and Feasibility Issues for Secured Creditors” – October 2021
NAFER’s Virtual Education Series – The Receivers’ Huddle – “Look Out for Number One, But Don’t Step in Number Two” – June 2021
FICPA 2021 Valuation, Forensic Accounting & litigation Services Conference – Panel Member – “Distressed Valuation and Solvency Analysis” – January 2021
American Bankruptcy Institute (“ABI”) (abiLIVE) Webinar – “COVID-19: Fraud Schemes, Relief Act Forgiveness Fraud and International Commercial Fraud Issues” – August 2020
Florida Attorney General Consumer Protection Fall Conference – “Tracing Commingled Funds” – 2018
American Bankruptcy Institute (ABI) 2017 Annual Spring Meeting – “Fraudulent Transfers – The Long Claw of the Law” – April 2017
International Women’s Insolvency and Restructuring Confederation (IWIRC) Fall National Conference – “The Dissection of a Ponzi Scheme” – October 2016
Florida Institute of Certified Public Accountants – North Dade/South Broward Chapter – “Tracing Commingled Funds” – July 2016
Jacksonville Bankruptcy Bar Association, 23rd Annual Bankruptcy Seminar – “E Discovery in Bankruptcy: Why Should You Care?” – August 2015
American Bankruptcy Institute 2015 Southeast Bankruptcy Workshop – “Time for Trial: Evidentiary Issues in Bankruptcy Litigation” – July 2015
Central Florida Bankruptcy Law Association – “What Do Boy Bands and Healthcare Have in Common” – July 2014
Florida Bar Business Law Section – “Professional Fiduciaries: Responsibilities and Duties” – May 2014
Bankruptcy Bar Association, Southern District of Florida Annual Retreat – “Valuation Issues in Bankruptcy,” May 2013
American Bankruptcy Institute Southeast Regional Conference – “Ponzi Schemes and Barring Claims Against The Guilty”, July 2012
Turnaround Management Association – “Current Issues in Real Estate”, April 2012
Publications
“How to Prepare a Successful Source of Funds Analysis for EB-5” – EB5 Investors Magazine (September 2023)
“Cryptocurrency Investment Schemes: Red Flags and Evaluating Potential Risk” – Daily Business Review – (November 2022)
“The Intersection of the 1111(b) Election and Subchapter V” – ABI Financial Advisors and Investment Banking Committee Article – (October 2022)
“Disgorgement of Ill-Gotten Gains in Consumer Fraud Schemes” – Daily Business Review – (July 2021)
“Why South Florida Emerged As A Nationwide Leader For Covid-19 Relief Schemes” – Daily Business Review – (May 2021)
“Fraudulent Transfer Claims in Claw Back Litigation” – Law Journal Newsletters – The Bankruptcy Strategist – (May 2021)
“An Insolvency Primer” – American Bankruptcy Institute Commercial Fraud Committee – (March 2021)
“New Receivership Act Streamlines Receiver’s Role for Lenders, Other Stakeholders” – Daily Business Review – (September 2020)
“Eye of the Evaluator – The Role of Contingent Liabilities in an Insolvency Analysis” – American Bankruptcy Institute Journal – (April, 2018)
“Fraud and Forensics: Piercing Through The Deception In A Commercial Fraud Case“ – American Bankruptcy Institute Journal (2015)
“Ponzi Schemes: Fiduciaries May Be The Saving Grace” – American Bankruptcy Institute Journal (2014)
“A Health Care Fraud and Bankruptcy Primer“ – Southern District of Florida Bankruptcy Bar Association Journal (2014)
“Rising Tide in the Wake of Ponzi” – American Bankruptcy Institute Journal (2013)
Civic, Volunteer and Philanthropic
American Bankruptcy Institute –
40 Under 40 Steering Committee (2021)
Newsletter Editor FAIB Committee (2021-2022)
Advisory Board of the ABI Southeast Regional
Conference (2017-2022)
Advisory Board of the ABI Caribbean Insolvency Symposium (2016-2021)
Commercial Fraud Committee of the ABI (2016-2019)
Credit Abuse Resistance Education (C.A.R.E.) Volunteer
The Kapila Family Foundation – Executive Coordinator of The Kapila Family Foundation Endowment Fund for the Broward Center for the Performing Arts
Nicholas Dworet Memorial Fund – Fundraising coordinator
Summit Questa Montessori School PTO Board Member 2013-2017;
Leukemia & Lymphoma Society Team in Training Participant and Volunteer 2012-2014
Women in Distress – Annual Bank to School and Thanksgiving Drives 2011-2017
