Roger P. Durkin, J.D., M.S., FASA
Specific Qualifications Relative to Appraisal:
- Durkin was the course designer and instructor for the American Society of Appraisers Appraisal Review and Management Courses. There are four courses each 27 hours in length. Durkin wrote the textbooks and course presentations. The courses teach the objective critique of appraisal reports for business valuation to machinery valuation. Durkin was the Chair of the Appraisal Review and Management Committee for four years.
- Durkin Law, Roger Durkin specifically, represents Massachusetts CPAs and Real Estate Appraisers before the Professional License Boards.
- Durkin Law, Roger Durkin specifically represents Plaintiffs in Real Estate Appraiser civil negligence actions.
- Durkin has provided more than a hundred critiques of CPA consulting reports in matters involving shareholder disputes and division of marital assets.
- Roger Durkin taught several years financial analysis to and for National Association of Securities Dealers (NASD) and SEC license exam prep for entering stockbrokers.
- Durkin taught AICPA Statement on Standards for Valuation No 1 and AICPA Statement on Standards for Consulting Services No. 1 for the American Society of Appraisers' Appraisal Review and Management Courses.
- Durkin specifically taught FASB Accounting Standards Code 820 the fair value standard in acquisitions and mergers and auditing.
- 1031 Exchange Issue of Environmental Stigma Issue Testimony in Greenleaf Arms Realty Trust I, LLC., et al v New Boston Fund, Inc., et al
- Financial Analysis is a major part of almost all business valuations in shareholder disputes and the division of marital assets. Durkin has been providing such analysis for over 40 years.
Formal Education and Advanced Study:
- BA, Merrimack College Andover, Massachusetts
- Master Science Degree in Valuation Theory Lindenwood University St. Charles MO
- Juris Doctorate, Massachusetts School of Law, Andover, Massachusetts
- Specialized Appraisal Education with the American Society of Appraisers 30-hour courses; PP201, M&E 201, RP201, RP202, Bus. Val. 201, 202, 203, and BV205 (Professional practices). Financial Investigations an IRS sponsored course ASA Conference Seminars since the 1980's. 45 hours of Continuing Education every two years from 1992 to 2013. Approximately 472 hours of specialized courses in environment issues, capitalization rate, discounted cash flow, markets, micro and macroeconomics, eminent domain issues, easements, financial statement analysis, and standards of practice.
- American Society of Appraisers; Fellow Member.
- Has five individual appraisal designations from ASA.
- Past president Boston ASA Chapter,
- Past Regional Governor and International Governor at Large,
- Past Member International Ethics (Peer Review) Committee,
- Current Member Examining Committee for Appraisal Review.
- Past Examiner for Real Property Committee.
- Past Member Bylaws and Constitution Committee,
- Past Chair of the ASA Appraisal Review & Management Committee.
- *Examiner for Appraisal Review and Management Committee
- National Association of Professional Appraisers, Designation, Senior Professional Member
- National Association of Independent Fee Appraisers, Senior Member
- Former Member Institute of Business Appraisers (IBA).
- 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
- 22 years Licensed General Certified Real Estate Appraiser Massachusetts, Utah, Maine, Illinois, Arizona, and Alabama.
- Philadelphia-Baltimore-Washington Stock Exchange, Former Member.
Published Seven Appraisal Textbooks
- Personal Property Appraisal Standards, Theory and Methods,
- Narrative Appraisal Report Writing,
- A specialty Report Writing textbook for ASA's Gem & Jewelry Committee.
- The Appraiser as Expert Witness from the point of view of the court
- Marketing Appraisal Services
- Appraisal Review 201 and 204, 300+ page text for ASA 30-hour courses in appraisal critique.
- Appraisal Review, How to Develop and Communicate a Professional Appraisal Review.
Durkin has taught for the International Society of Appraisers, (ISA); American Society of Appraisers (ASA), the Society of Accredited Marine Surveyors, National Association of Marine Surveyors (SAMS); the National Association of Professional Appraisers (NAPA), and the National Auctioneers Association Personal Property Appraisal Program (NAA).
- Taught the generally accepted national appraisal standards titled Uniform Standards of Professional Appraisal Practice (USPAP) from 1994 to 2013. Taught for the Mexican Engineer-Appraisers in Guadalajara, Monterrey, and Mexico City, and taught USPAP in Toronto, and Kaunas Lithuania.
- Course in International Valuation Standards and Appraisal Review in Ljubljana Slovenia.
- Narrative Appraisal Report Writing.
- Valuation Theory and Practice.
- The Appraiser as an Expert Witness, from the view of the court.
- ASA's 30-hour Appraisal Review courses ARM201, ARM203 and ARM204, include teaching International Valuation Standards, the AICPA Standards, and ASA valuation appraisal standards.
- Seven-hour Appraisal Review Seminar in U.S. and Canada
- Taught a concentrated 14-day business valuation course at Kaunas University in Lithuania helped establish a master's degree in Valuation Sciences at Kaunas University
Expert Witness Experience
Middlesex & Suffolk County Superior Courts and Probate Courts, Plymouth, Norfolk, Barnstable Probate Courts, Massachusetts Land Court, Lowell, Wrentham District Court, Rockingham County (NH) Superior Ct, U.S. Federal Court, U.S. Bankruptcy Court, Alameda County Superior Court California. Specifics include:
- Plymouth Probate Moneghan v Moneghan Business Valuation.
- AAA Arbitration Nelson v Riccio Dental practice valuation.
- AAA Arbitration, San Diego Mailboxes Etc., Inc. v. Armstrong, Business Valuation
- AAA Arbitration, NY, Krasavat v. Jesse Bands, Inc. Jewelry business shareholder dispute
- U.S. Bankruptcy Ct, Boston, Judge C. J. Kenner, Bus. Valuation
- Brockton Probate Court Business Valuation, Traychek v Traychek.
- Brockton Probate Wise v. Wise, law practice valuation
- Suffolk Superior, Judge M. Lopez legal Malpractice In Re Zachera.
- Suffolk Probate, Guendouz v. Guendouz, Physical Therapy Business Valuation, Judge Smoot
- Plymouth Probate Stockbridge v. Stockbridge, expert book-of-business stockbrokerage
- Norfolk Probate, Beacham v. Beacham, Business valuation, Divorce
- Mass Land Court, Michaels et al v. Lakeside Cemetery Corp. Misc. No. 282161. Crematorium Construction effect on property value.
- David K. Bliss, et al v. Linda Keil Wakely, et al, Bristol Superior Court C.A. No. A03-916, Private Nuisance Stigma, Ocean Erosion
- Levine v. Levine, Family Court, Brookline Village Apothecary Trust, MA, Fair Value Pharmaceutical Company Marital Estate.
- Alameda County Superior Court California Tower Acquisition v. Grace Sweningsen Trust, Value dispute 3-Miles Buried Power Cable and Cell Tower, testimony.
- Levin v. Dalva Brothers, Inc., 459 F3d 68 where the federal trial and appeal involved $8 million in fake French furniture, fine art, and decorative accessories.
- Suffolk Superior Greenleaf Arms Realty Trust I, LLC, Joseph P. Baglione, And Faye P. Baglione, Plaintiffs, V. New Boston Fund, Inc., New Boston Fund VI , New Boston Investor Fund, L.P. VI, Jerome L. Rappaport, Jr., Jerome L. Rappaport, Sr., James W. Rappaport, Janet F. Aserkof. Real Property Valuation Contamination Diminution Issue.
- Christine Bostek, et al. v. Entergy Nuclear Generation Company, et al. Massachusetts Land Court CA NO. 13 Misc. 479028-RBF. Whether there is a diminution in market value of real property interests as a direct result of cask storage spent nuclear fuel.
- William Lento v. RBS Citizens, Bank NA, U.S. Federal Court Boston, CA. NO. 1:13cv-10217-GAO 2014.
- Serrento v. Serrento. Norfolk Family Court, Marital Estate Property Testimony
Major Tax Assessment Assignments
- Trans Alaska Pipeline $15 Billion Assessment Dispute, Consulting Review critique of 50 plus appraisals prepared by government plaintiffs and pipeline owners. State of Alaska Superior Court. Alaska Pipeline v. State of Alaska Department of Revenue, State Assessment Review Board and North Slope Borough. Case No 3AN-06-08446 CI Consolidated 2007 to 2015. Provided appraisal review critique of $15 billion and $10 billion appraisal reports prepared by plaintiff and defense appraisers.
- Appraisal Reviewer for Ernst & Young opposition appraisal in $6 Billion Assessment Dispute of all Verizon owned California real and personal property. California State Board of Equalization (SBOE) v. Verizon California Property. Assessment Dispute for all real and personal property owned by Verizon in California 2001 to 2014. Provided appraisal review critique of $6.5 billion appraisal by BCRI Valuation Services.
Specific Experience General Assets
- Durkin provided law firm of Todd & Weld Law and arbitrator with appraisal consulting services relating to dispute involving residual value of 74 Mass Bay Trans. Assoc. passenger rail coaches.
- Valued the real property, enterprise, and all machinery contained at the Fore-River Quincy Shipyard facility for the U.S. Maritime Administration (MARAD).
- Valued equipment, real property, and enterprise of the former Soviet Academy of Sciences Pharmaceutical facility in Riga, Latvia for the Republic of Latvia.
- Valued Cell Towers including one in Castle Valley California, one in Harriman Utah, and five in Glenwood Canyon, Colorado.
- Valued three miles of buried power cable in Castle Valley California.
- Valued the medical practices of over 100 medical practices for Massachusetts Eye & Ear, New England Medical Center, North Country Hospital, Caritas Hospitals, Brigham & Women's, Central Vermont Hospital.
- Valued hundreds of technical vehicles and equipment including cryogenic tanks leasing company, equipment owned by environmental drilling contractor, trucks owned by waste collection company, and machine shops.
- Valued Electric Generating Wind Farm Equipment and Hydro Electric Plant for SBA Avidia Bank
- Valued the diminution effect on neighborhood real property causally connected to Pilgrim Nuclear Power cask-storage of spent nuclear fuel.
- Valuation of Titanic Artifacts in U.S. Bankruptcy Ct, Middle District of Florida, Jacksonville. In re: RMS Titanic, Inc. Chapter 11, Case No. 3:16-bk-02230-PMG
- Valued an Atlas F ICBM firing module for IRS non-cash charitable donation.
- Fire destroyed an art collection in Erika Jansson Brown & Alan Brown v Shelby Vesta Fire Insurance Company. For Vesta, Attorney Richard L. Burpee, Smith & Brink, P.C.,
- A fire and explosion case Lewiston Radiator Works, et, al v. Northern Utilities, Inc. for the defendant, Attorney Eric R. Passeggio of Brickley, Sears & Sorett, P.A.
- Silverman v. Patrons Mutual Insurance Company, Civil Action 99-1336A for the defendant Payton Insurance art and antiques, Attorney Robert M. Payton, Burke, McMenimen & Payton,
- TCM Distributors v Kemper National Insurance, 1998, For defendant in comic book wholesaler warehouse fire.
- Michael McGough v Dominion of Canada General Insurance Company, 1999, for the defendant Dominion, stolen sports memorabilia collection.
- Vamco Industries v. Travelers Sept. 1998 Destroyed jewelry manufacturer, for defendant Travelers. Benedict v. Booska, Mayflower, et al. 1998, balee tort personal and intangible property, for the plaintiff, Attorney Stephen Ellis, Springfield, VT.
- Yvon & Yolaine Beaulieu et al. v. P.M. MacKay and Sons, Inc. and ServPro of Derry/Londonderry, Inc. and Royal Indemnity Company, insured loss, for Royal Indemnity, Attorney Courtney Merrill, Merrimack NH.
- Yaqin Li et al. v. Board of Governors University of RI, et al., 2003, personal property bailment tort, RI, for plaintiff, Attorney Noelle Clapham, South Kingston, RI.
- Expert for the plaintiff counsel Clark, Sawyer & Phillips, P.C., and insured in the Water Street, Danvers port Real Property Explosion against Verlan Fire Insurance Company, in Insurance Settlement Negotiation.
- Appraisal Umpire for Union Mutual Fire Insurance v. Anthony and Susan Pate Civil Action Rhode Island Bristol County Superior Court No.CA 13-1620
Work Experience: Present Durkin Valuation Consultants in real, personal and intangible property. Durkin Law, PC provides legal services in trademark, copyright, shareholder disputes, buy-sell agreements, provides defense for Massachusetts licensed CPAs before Board of Accountancy, defense of real estate appraisers before the Mass. Board of Registration of Real Estate Appraisers. Plaintiff counsel for civil negligence actions against appraisers and CPAs. Past President of R. P. Durkin & Company, Inc., (1968-1974) 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.