Statement of Qualifications Roger Durkin J.D., M.S., FASA
Specific Experience Relative to Appraisal Standards, USPAP and Appraisal Review
Durkin was an AQB certified instructor who taught the Uniform Standards of Professional Appraisal Practice (USPAP) for over 20 years. He is a nationally Certified Distant Education Instructor CDEI™ Verification ID: 67535. He has taught for a number of appraisal associations including the International Society of Appraisers, the American Society of Appraisers, the Society of Accredited Marine Surveyors, the National Auctioneers Association Appraisal Program, the Rhode Island Association of Realtors, and the American Academy of Real Estate, and the National Assoc. of Professional Appraisers. He continues to teach the American Society of Appraisers Appraisal Review Seminar and ASA's four 30-hour Appraisal Review courses #ARM201, 202, 203 and ARM#204. He authored two textbooks on appraisal review. He has taught through out the U.S., Canada, Mexico, and Lithuania.
Specific Experience Real Property Appraisal
Review appraiser for the Massachusetts Office of Inspector General, the Mass Bay Transit Authority, and MassPort during Boston's “big dig” construction project. Types of property appraised include: the real property, equipment, and enterprise value of the Fore-River Quincy Shipyard facility for the U.S. Maritime Administration, the former Soviet Academy of Sciences Pharmaceutical facility in Riga, Latvia for the Republic of Latvia, the valuation of James J. “Whitey” Bulger's real property and liquor business for the U.S. Attorney. Primary emphasis is real property valuation involving litigation issues including environmental damages, diminution value of stigmatized property including contamination of chlordane, oil spills, proximity to crematoriums, easements and commercial and residential property involving divorce, IRS challenged decedent estate values, charitable donations, and gift tax issues. Durkin holds seven appraisal designations; two real estate designations from ASA and several state licenses as a Certified General Real Estate Appraisers.
Specific Experience Personal Property
He is a contract appraiser for the U.S. Customs (approximately 15 years) for the Port of Boston, Hartford, Baltimore, and Buffalo for seizures of tangible personal property including machinery, equipment, fixtures to fine art, coins, artifacts, jewelry, and antiques. He was lead appraiser for the valuation of the machinery and equipment at the Quincy Shipyard performed for the United States Maritime Administration. He valued the New Haven and Bridgeport Container Terminals and Moore Precision Machine Shop in Bridgeport as well as medical equipment for Massachusetts Eye & Ear Infirmary, Central Vermont Hospital, New England Medical Center, and North Country Hospital in the valuation. He was employed by U.S. Customs in determining the value and provenance in United States v. Arnold Katzen & Shirley Sack, (2004) wherein two art dealers attempted to sell an Amedeo Modigliani and Edgar Degas painting for $4 million to undercover Customs Agents. He was lead appraiser in Levin v. Dalva Brothers, Inc., 459 F3d 68 where the federal trial and appeal involved fine art, French furniture, decorative accessories and New York Art Law. He valued all personal property contained at Babson College including the Sir Isaac Newton collection; the extensive fine art collection contained in the 11-story US Trust headquarters in Boston; the entire furniture and art collection at Aetna's Insurance Hartford headquarters; the entire art collection for the Phoenix Insurance in Albany New York and Hartford Connecticut, all of the property contained in 34 offices of the Old Stone Bank Providence and Warwick Rhode Island for the FDIC; the entire contents of the DAR Museum on Martha's Vineyard, artifacts for the U.S.S. Constitution Ship holdings, the Buckminster Fuller collection for MIT, the only known Boston Tea Party tea box for the Boston Tea Party Museum, a significant Islamic coin collection seized by U.S. Customs at the time thought to be from the Bagdad Museum. Seizures by the IRS, FBI, Secret Service, and Postal Inspection Service including, furs, art, artifacts, coins, gold ingots, and weapons.
Specific Experience Relative to Business Valuation
Durkin is a former investment banker and personally was a Member of the Philadelphia-Baltimore-Washington Stock Exchange, Associate Member of the Montreal and Boston Stock Exchanges, a Registered Principal of the National Association of Securities Dealers (NASD). The investment banking firm underwrote SEC registered public offerings (IPOs), made markets in over-the-counter stocks, and its subsidiary, Synercap Corporation, provided venture capital and management consulting services. The former Soviet Pharmaceutical facility was appraised for the Republic of Latvia in its privatization activities. He has over 35 years experience appraising business enterprises involving a wide range of valuation issues including decedent estates, gift tax, charitable donation, ESOPs, shareholder litigation, family limited partnerships, divorce, and buy-sell agreements.
Formal Education and Advanced Study
BA, Merrimack College, A Master Science Degree in Valuation Lindenwood College, Juris Doctorate, Massachusetts School of Law. Specialized appraisal education courses with the American Society of Appraisers 30-hour courses; PP 201, M&E 201, RP201, RP202, BV 201, 202, 203, and BV205 (Professional practices). ASA Conference Seminars since the early1980's.
American Society of Appraisers, Fellow Member, five professional senior member appraisal designations; two in Real Property, two in Personal Property, and one in Appraisal Review. Past president Boston ASA Chapter, former ASA International Governor, former Member International Ethics (Peer Review) Committee, Examining Committee, Real Property Committee, Bylaws and Constitution Committee, Current Chairman ASA Appraisal Review & Management Committee.
National Association of Professional Appraisers, Senior Professional Member
Institute of Business Appraisers, Former Member
National Auctioneers Association, Master Personal Property Appraiser.
American Arbitration Association, Panel of Arbitrators.
Massachusetts Board of Bar Overseers, Six years as a Hearing Officer, Suffolk County
Licensed Attorney, Massachusetts (www.durkinlawpc.com)
Licensed General Certified Real Estate Appraiser Massachusetts #1433, also held real property appraisal licenses in Utah, Maine, Illinois, and Arizona.
Philadelphia‑Baltimore‑Washington Stock Exchange, Former Member.
Logic and the Appraisal Process, in ASA's Real Property Journal. The Expert Witness ASA's Personal Property Journal; Wrote courses and textbooks; Personal Property Appraisal Standards, Theory and Methods, Narrative Appraisal Report Writing, The Legal Environment of Appraisal, The Appraiser as Expert Witness and Appraisal Review, How to Develop and Communicate a Professional Review of Real Property, and ASA's ARM 204 Appraisal Review Text.
Appraisal Instructor currently
Narrative Appraisal Report Writing, Legal Environment of Appraisal, Valuation Theory, The Appraiser as an Expert Witness, ASA's 30-hour Appraisal Review courses ARM201, ARM202, ARM203, and ARM204, as well as a 7 hour Appraisal Review Seminar. He was for 20-years a national certified USPAP instructor.
Expert Witness Experience
Middlesex & Suffolk County Superior Cts, Suffolk, Middlesex, Plymouth, Norfolk, Barnstable Probate Cts, Land Ct, Lowell, Wrentham District Cts, Rockingham County (NH) Superior Ct, U.S. Bankruptcy Ct. Plymouth Probate Moneghan v Moneghan Bus Val. AAA Nelson v Riccio dental practice valuation. Berson v Berson, art, Suffolk Superior, Judge Gould, U.S. Bankruptcy Ct, Judge C. J. Kenner, Bus. Val. Suffolk Superior Atty. Barbeau, Swoong v Kwong, #SC96-1906, Chinese Art. Judge Scandurra, Barnstable Probate, Bus Val. Brockton Probate Ct Bus Val. Traychek v Traychek. M&E, Causal Damage legal Malpractice, In Re Zachera, Judge M. Lopez, Suffolk Superior. Depo 7 hr Atty. S. D. Ellis, Springfield, Vt. Benedict v Booska Bailment Issue. Equip, bus, land, enterprise, U.S. Maritime v MHI,Inc., Judge W.Hillman, U.S. Bankruptcy Ct, Boston. Mail Boxes Etc, Inc. v. Armstrong, Stockbridge v. Stockbridge, expert book-of-business, and real property, Plymouth Probate. Wise v. Wise, law practice accounts receivable, Brockton Probate. Mail Boxes Etc., Inc. v. Armstrong, San Diego, AAA. Krasavat v. Jesse Bands, Inc., AAA NYC, bus val. Johnston v. Johnston, Rockingham Superior Ct. specialized medical practice. Suffolk Probate, Guendouz v. Guendouz, Bus. Val. Judge Smoot. Federal District, Levin v. Dalva Brothers, antiques provenance; Norfolk Superior, Livingstone v. Shepard, personal property. Caruso v. Caruso, Middlesex Probate, Real and Personal Property. Michaels et al v. Lakeside Cemetery Corp. Mass Land Court Misc. No. 282161. David K. Bliss, et al v. Linda Keil Wakely, et al, Bristol Superior Court C.A. No. A03-916, Stigma diminution Real Property.
Work ExperienceAttorney and Appraiser. 1974-Present Durkin Valuation Consultants in real, personal and intangible property. 1966 to 1973. President of R. P. Durkin & Company, Inc., investment banking, Member of the Philadelphia-Baltimore‑Washington Stock Exchange; Associate Member Boston, Montreal, Pittsburgh Cincinnati Exchanges. Underwriting new issues, Securities market maker NASDAQ, O-T-C market, and president of venture capital company Synercap Corporation 1969-1979.