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2156 Mason Lake Drive St. Louis, MO 63011 Phone (314) 965-5921 Fax (815) 301-8359 E-mail: ralph@ostermueller.com |
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2156 Mason Lake Drive St. Louis, MO 63011 Phone (314) 965-5921 Fax (815) 301-8359 E-mail: ralph@ostermueller.com |
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Mr. Ostermueller first testified as an expert witness in 1981, and he has since testified in multiple U.S. State and Federal courts, and in multiple Canadian Supreme Courts. He has also testified in both mediation and arbitration settings as both a neutral and as an expert witness, regarding Compensation Reasonableness and Business valuation-related issues.
In 2001, he was appointed to serve as Instructor for the AICPA/Thurgood Marshall Federal Judicial Center joint program for Federal courts' judges, held at the Center's Washington, D.C., national training/ A-V facility. The program he co-developed & co-presented, Business Valuation & Use of Experts by the Federal Judiciary, included a full-day videotaping for distribution to the U.S. Federal Judiciary and a full day class presentation to the attending Federal Judiciary from the U.S. Tax, Claims, District & Bankruptcy courts.
| 1995 to present | Managing Member and Owner - The Ostermueller Group, L.L.C. (TOG) - St. Louis, MO
Business Valuations, Present Executive Compensation Reasonableness & Forensics/Fraud related consulting/ services, Mediation Services, Litigation Support/ Testimony and Services/ Consulting for small to medium-sized entities' Capital/ Debt financing and Merger/ Acquisition transactions. TOG is a member firm of the Financial Consulting Group (FCG). FCG is a national organization of 100+ BV practices and related firms who have pooled their technical expertise and created large organization synergies. FCG member firms share their specific valuation/litigation experience and industry knowledge to develop shared processes and methodologies that increase the ultimate effectiveness and quality of services to each firm's clients. TOG is a CPA firm with a niche practice, providing only business and intangible asset valuation/Executive Compensation/ litigation support/ M&A/ forensic accounting and related services to entities in the U.S., Canada and the U.K., including mediation/dispute resolution forums and primarily serving attorneys, CPAs and their public and private entity clients, as well as private entity stakeholders, individuals and the courts. Financial Valuation Group of Missouri, LLC (FVG MO) and Executive Compensation Solutions, Inc. (ECSI) are entities related to TOG via common ownership. |
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| 2002 to 2009 | Managing Member - The Financial Valuation Group (FVG) - St. Louis, MO
FVG, dissolved in 2009 after the death of its cofounder, James Rigby, was one of the leading business valuation consulting and litigation service firms in North America and provided services throughout the United States and Latin America, having offices in Atlanta, Boston, Chicago, Des Moines, Fort Lauderdale, Great Falls, Kansas City, Los Angeles, Oakland, Saint Louis, Silicon Valley, and Tampa. FVG was a founding member firm of the Financial Consulting Group (FCG), which was sold in 2009 to James Hitchner, owner of the Valuation Products and Services entity and of FVG's Atlanta office. For FVG's St. Louis office, Mr. Ostermueller was responsible for the acquisition, conduct and management (including related expert testimony) of national and local assignments including business valuations, executive compensation reasonableness issues & challenges, forensic/ fraud/ litigation support, SFAS 141/ 142, M & A, and related expert witness/ economic damages and mediation/arbitration, all activities he now continues with his own firm, The Ostermueller Group, LLC. |
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| 1982 to 1994 | Senior Member - Ostermueller & Associates, P.C. - St. Louis, MO Certified Public Accountants A St. Louis-based CPA firm providing, primarily, management consulting services, including Compensation/Human Resources Systems, Financing/Strategic Planning and General Management Advisory Services. Owner - Mid America Corporate Valuation Services - St. Louis, MO A division of Ostermueller & Associates, P.C., providing business valuation and expert witness services. |
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| 1981 to 1982 | Manager of Merger and Acquisition Services (Midwest US) and St. Louis Franchisee for VR Business Brokers. - The Financial Valuation Group
of Boston, MA (FVG) - St. Louis, MO
Advised on valuations for over 200 closely held businesses. Formed and operated brokerage for purchase/ sale of small businesses. |
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| 1976 to 1981 | Senior Manager - Grant Thornton International - St. Louis, MO Certified Public Accountants and Management Consultants Initiated department serving local and state governments; promoted to Director-Management Advisory Services Department. Additional personal assignments included: |
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| 1972 to 1975 | National Representative - HBE Corporation - St. Louis, MO Nation's largest design/constructor of health care facilities; financial institutions, hospitality industry and HBE-owned ski area. Traveled extensively to generate, develop and close leads for health care projects in U.S. Assisted client board and management in assessment of financial needs, debt serviceability, acquisition of project financing and of required regulatory planning approvals. Monitored each project until completion of design and regulatory approvals and final construction contract signatures. |
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| 1971 to 1972 | Vice President and Controller - Stockyards Bank - Oklahoma City, OK Lead bank in a five-bank group (common ownership) As Chief Financial Officer, managed the investment portfolio; set fiscal, tax, and accounting policy; and provided all internal and external financial reporting. Operated profit planning and budgeting systems for cash management and for all other assets and liabilities |
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| 1967 to 1971 | Management Consaultant - Peat, Marwick, Mitchell And Company - St. Louis, MO Certified Public Accountants and Management Consultants Performed management consulting assignments for clients, including banks (Cost of Funds and Responsibility Accounting Systems), hospitals (Patient Flow Analysis and Business Systems Design), and universities (Hospital/Clinic Financial Feasibility Study), manufacturing companies (Executive Compensation Systems, various Profit-Focused/Relocation Studies and Organization Development/Behavioral Science Applications). |
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| 1962 to 1966 | Senior Staff (Audit and Tax Departments) - S.D. Leidesdorf And Company (Now Ernst & Young, CPAs) - St. Louis, MO |
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B.S. in Commerce (Accounting (M), Economics (m), Philosophy (m)), St. Louis University, 1962.
Certified Public Accountant (CPA) - Missouri, 1970.
Accredited Senior Appraiser (ASA) - Business and Intangibles' Valuations - 1989, American Society of Appraisers - Washington, D.C., Recertification Approved (in 1994, 1999 and in 2004, to 2009).
Accredited Business Valuer (ABV) - 1998, American Institute of Certified Public Accountants
Certified Business Appraiser (CBA) - 1998, Institute of Business Appraisers
Certified Fraud Examiner (CFE) - The Association of Certified Fraud Examiners - 1997
Practicing Member, Academy of Experts (MAE) - (British) Academy of Experts, London - 1994.
Guest Lecturer on Executive Compensation Reasonableness and on various BV-related topics for AICPA, FCG, CPAAI, various national BV/CPE vendors, AG & Co., SBA, University of Missouri (CE), St. Louis University and Lindenwood University Graduate Programs.
Instructor for the AICPA/Thurgood Marshall Federal Judicial Center joint program held at the Washington, D.C., A-V Center. Co-developed and co-presented the program, Business Valuation & Use of Experts by the Federal Judiciary, which included a full day videotaping for distribution to the U.S. Federal Judiciary and a full day class presentation to the attending Federal Judiciary from the U.S. Tax, Claims, District & Bankruptcy courts.
Instructor for ASA's & AICPA's Business Valuation Certification Programs in the U.S.
American Society of Appraisers (Senior Member) - Business Valuations (1989) (Recertified to 2009)
Member of the Education Sub-Committee (1995) and the Public Relations Sub-Committee (1994-1995) of the Business Valuation Committee; Member of the International Board of Examiners
(BV) (1996-1997)
American Institute of Certified Public Accountants - Member of the Business Valuation Subcommittee, the AICPA's senior technical body for BV (1998-2000); Leader, ABV Member Benefits Task Force, (1999-2000); ABV Exam Development Team Member (1998-1999) Technical Advisor (2002) SFAS 141/142 - Profession-wide CPE Course for Understanding & Implementation of Goodwill Impairment and related Asset Allocation studies, Goodwill and Intangible Asset valuations and, generally, models and implementation/monitoring techniques for assisting clients to deal with this newest and valuation-related pronouncement by FASB.
The Association of Certified Fraud Examiners - (Practicing Member) (1997)
Missouri Society of CPAs - State Chairman, Business Valuation and Litigation Services Committee (1995 & 1996); and Business Valuation and Litigation Support Services Committee member (1992-2006), formerly Public Relations State Chairman (1987-1991), and member of MAP Committee.
(British) Academy of Experts (London, UK) - (Practicing Member) (1994-Present)
Institute of Business Appraisers - (Certified Business Appraiser); Member (1996-2002)
American Arbitration Association (AAA) - Practicing Mediator on National Roster of Neutrals-Designated by AICPA in 2002 as Mediator/Arbiter for Business Valuation and related matters.
Director - Enterprise Trust Co/Enterprise Financial Advisors - (1998-2003) The trust company/personal financial planning unit of Enterprise Financial Services Corporation, a Midwest U.S. Financial Services Holding Company, nationally recognized for its superior year-over-year growth.
Director/Trustee - White House Retreats, Inc. (1997-1999, 2000-2004)- A Jesuit Retreat House near St. Louis, MO, serving men and women with multiple venues of group and individual retreats. Chief Expeditor (Recruiting) 1997-1999, Chairman-Planning Committee-2002-2004.
Director - Rotary International, Des Peres, MO Club. (Multiple years) An international community service organization.
"Appraisal/Valuation of Closely-Held Companies" - Speeches to various industry groups and general audiences; as guest speaker for banks, construction and manufacturing industry, educational institutions, service clubs and professional bar associations, 1985-present.
"Business Appraisal Services - Expanding the Firm's Capabilities" - ASSET (MSCPA), December 1986 and January 1987.
"Business Appraisal (Valuation) Services" - Management of an Accounting Practice Handbook, (American Institute of Certified Public Accountants), 1987 Edition.
"Effect of FHLBB Memo R-41c on Business Appraisals" - Speech to American Society of Appraisers, St. Louis Chapter and St. Louis S & L Industry representatives, April, 1987.
"Educating Your Expert to be an Effective Witness" - Lawyers Weekly, Expert Witness Supplement, in Massachusetts, Missouri, Michigan, Rhode Island and Virginia, 1989.
"Business Valuation for Attorneys" - The Advocate, Indiana Trial Lawyer Association, and Lawyers' Weekly, Expert Witness Supplement, (ibid.), 1991.
"Valuation Issues for the '90s" - Speeches to Kansas Society of CPAs, Missouri Society of CPAs Central Chapter, and Seminar presentation to Midwest Financial Planning Conference.
"Solving Problems for Closely-Held Businesses - Value Issues & ESOPs" and "How to Get Started With an ESOP" - Seminars cosponsored with major Midwest law firms, banks and trust companies, 1992 and 1993.
"Discounts & Premiums in Valuation of Closely-Held Businesses" - Speech to Missouri Association of Tax Practitioners - Jefferson City, MO, November 18, 1994.
Guest Lecturer on "Developing Capitalization & Discount Rates to Value Businesses" sponsored by St. Louis University - Graduate Scho-l of Business.
Speaker at Missouri Society of CPAs - Mega Conference (multiple occasions) - Mock Trial(s) and Expert Witness Training for CPAs.
"Valuation Discounts & Family Limited Partnerships" - Article in St. Louis Daily Record, January 20, 1995.
"Business Valuation Issues" - Speech to 1995 Domestic Relations Seminar - St. Louis Missouri County Bar Association. February 24, 1995.
"Experts in England..." Article in St. Louis Daily Record, June 14, 1996.
"Academy of Experts Sets High Standards For Members" - Article in the St. Louis Countain, the St. Louis Daily Record, and The Courier Post, January 20, 1998.
"Business Valuation Discounts For FLPs And LLCs" - Article in the St. Louis Daily Record, the St. Louis Countain, and The Courier Post, February 4, 1998.
"Valuation Discounts For FLPs, LLCs And Use Of Appraisers In Transfer Tax Matters" - Article in the St. Louis Daily Record, the St. Louis Countain, and The Courier Post, February 24, 1998.
"Academy Of Experts Publishes 'Expert's Declaration'..." - Article in the St. Louis Daily Record, the St. Louis Countain, and The Courier Post, March 12, 1998.
"Using A Model Form For An Expert's Report" - Article in the St. Louis Daily Record, the St. Louis Countain, and The Courier Post, April 15, 1998.
COMPANION to the PPC Guide to Business Valuations - 1996, 1997, 1998 et seq. - Template-based software written to automate and document the BV process using this annual BV practice guide that was designated as an Authoritative Publication by the ASA-BV Committee.
"Transferability - Understanding And Quantifying Its Effect On Stakeholder Value" - Article in Medical Management Advisor, "The E-Advisor For Healthcare Administrators, Valuators and CPAs" - Volume 3, Issue 11, November 2003.
Personal Financial Planning Conference, 1990 (St. Louis), sponsored by MSCPA.
Business Valuation issues of the '90's, 1990 (Vancouver), sponsored jointly by ASA/CICBV.
ASA International Appraisal Conference - Litigation Support: The Appraiser as Expert Witnesses, 1990 (Chicago), sponsored by ASA.
10th Annual Business Valuation Conference, 1991 (Scottsdale), sponsored by ASA.
"Considerations in Buying & Selling a Business in Missouri," 1991 (St. Louis), National Business Institute.
"CPE Microcomputer Conference," 1992 (St. Louis), CPE Microcomputer Conference/CPE.
"Tax Consequences Of Workouts," 1992 (St. Louis), Bar Association of Metro St. Louis
ASA Business Valuation Conference - The Cutting Edge of Market Value, 1993 (Houston), sponsored by ASA.
The Fifth Annual AICPA Conference on the CPA's Role in Litigation Services, 1993 (Chicago), sponsored by AICPA.
"Calculating Economic Damages," 1993 (St. Louis), Totaltape Publishing Company.
Business Valuation in a changing International Environment, 1994 (San Diego), a joint ASA/CICBV presentation.
Annual Tax Conference, 1994 (Jefferson City), sponsored by Missouri Association of Tax Practitioners.
Seventh Annual Institute on Estate Planning, 1995 (St. Louis), sponsored by Probate & Trust Section of the Bar Association of Metro St. Louis.
14th Annual Advanced Business Valuation Conference, 1995 (Boston), sponsored by ASA.
ASA International Appraisal Conference, 1995 (Denver), Business Education Sessions, sponsored by ASA.
Annual Experts in Litigation Conference, 1996 (Chicago), sponsored by Illinois CPA Society & Foundation, and the A.B.A.
ASA International Appraisal Conference, 1996 (Toronto), sponsored by ASA.
15th Annual Advanced Business Valuation Conference, 1996 (Memphis), sponsored by ASA.
1996 AICPA National Business Valuation Conference, 1996 (Phoenix), sponsored by AICPA.
16th Annual Advanced Business Valuation Conference, 1997. (San Francisco), sponsored by ASA.
1997 AICPA National Business Valuation Conference, 1997 (San Diego), sponsored by AICPA.
ASA International Appraisal Conference, 1998 (Maui), sponsored by ASA.
1998 AICPA National Business Valuation Conference, 1998 (Palm Beach), sponsored by AICPA.
18th Annual Advanced Business Valuation Conference, 1999 (New Orleans), sponsored by ASA.
1999 AICPA National Business Valuation Conference, (Las Vegas), sponsored by AICPA.
2000 BV Software / Valuation Conference, (Denver), Sponsored by the Financial Consulting Group.
2000 Super Conference, (Nashville), (Speaker "Using the Guideline Method for Valuing Smaller Companies"), Sponsored by Tennessee Society of CPAs.
2000 AICPA National Business Valuation Conference, (Miami), (Speaker: "Practice Makes Perfect: Valuing Professional Practices"); (Speaker: "Report-Writing Critiques"), sponsored by AICPA.
2001 - Instructor - AICPA/Thurgood Marshall Federal Judicial Center joint program in Business Valuation & Use of Experts by the Federal Judiciary, (Washington, D.C.), Videotaping for distribution to the U.S. Federal Judiciary and Class Presentation to the attending Federal Judiciary from the Tax, Claims, District & Bankruptcy courts.
2001 Financial Consulting Group, LLC- CPE Conference (New Orleans) (Discussion Leader - "Panel on Current Methodology/Best Practices for Determining Lack of Marketability Discounts" and Discussion Co-Leader-"Panel on Current Methodology/Best Practices for Using the Market Valuation Approach").
2002 - Financial Consulting Group, LLC- CPE Conference/ FCG University (Atlanta) Using the Market Approach to Business Valuations.
2002- AICPA/FVG National Review and Questions Development Team for AICPA CPE Course on SFAS 141/142 - Valuation of Intangibles and related compliance with SFAS 141/142.
2003 - Financial Consulting Group, LLC- CPE Conference/ FCG University (Atlanta)
2003 - June 4-6 - School Of Law -U of MO-Columbia-Center for the Study of Dispute Resolution-General civil mediation training requirements set out in MO Supreme Ct Rule 17.04.
2003 - July 23 GenAM WEBINAR-featured speaker to their Financial Planners/General Agents "Webinar Wednesdays" national audience on Business Valuation Strategies And Concepts.
2003 - Financial Consulting Group, LLC- CPE Conference/ FCG University (Memphis)
2004 - Financial Consulting Group, LLC- FCG University (Atlanta)-BV, Fraud, Damage Compilations & Related Issues in Litigative Settings; Ethics Updates.
2004 - Teleseminar-FCG/Mercer Capital - "Integrating the Discounted Cash Flow and Gordon Growth Models with the Discount Rate of the Adjusted Capital Asset Pricing Model: The Theory and Practical Tips" - Based on Chris Mercer's new book "Valuing Enterprise and Shareholder Cash Flows: The Integrated Theory of Business Valuation", Peabody Publishing-Memphis, TN.
2004 - National Teleseminar - BV Resources - Shannon Pratt, et al. - Market-Based Guideline Transaction Valuation Methods and Transaction Databases - Strengths and Weaknesses.
2004 - AICPA Teleseminar - Documentation and Reporting Techniques for Forensic/Litigation Engagements.
2004 - MO Society of CPAs Mini-conference- "Orientation to Collaborative Family Law-What Is It and How Do Financial Professionals Participate in the Process"- Frontenac (St. Louis), MO.
2004 - MO Society of CPAs Mini-conference-"Internet Searching-Advanced Techniques" -Frontenac (St. Louis), MO).
2005 - Economic Resource Institute's (ERI) Distance Learning Center Webinar-"Non-Profit Executive Compensation" (4/7/2005)-(includes recertification credit toward ERI's JCA (Job and Compensation Analyst) credential).
2005 - FCG University-Spring Session-Atlanta (Buckhead) GA-2+days of in-depth sessions on Driving/Engineering Client Company Value using SBV methods and BV tools. Damages Testimony Exclusions under Rule 702; Daubert & motions in limine/appeals, Cost of Capital Inputs-Yes, It's THAT Complicated, and Identifying/Measuring Personal Goodwill in a Professional Practice.
2005 - The Practicing CPA's Medical Practice Valuation Course - Grandover Resort & Conference Center-Greensboro, NCACPA/AICPA-sponsored course taught by Mark O. Dietrich, author of the Industry-standard "Medical Practice Guidebook" & frequent expert witness & medical entity "deal-making" advisor.
2005 - FCG University -Fall Session Chicago, IL- 2+ days of Practitioner presentations and panels on Buy/Sell Agreements, Automated models for BV Reports, emerging AICPA BV Standards Panel, Monte Carlo Theory Applications, BV Practice Ethics, ESOP Panel, Restaurant Industry Update, Collaborative Practice, and Strategic Benchmarking for Value.
2006 - FCG University - Atlanta(Buckhead), GA Spring session - 2-plus days by FVG practitioners on LITIGATION SERVICES: Valuations and Lost Profits - Damages Measurements - Included sessions on Spoliation issues, Discovery & Litigation engagement management issues, BV Reports in litigation, Experts' Panels/Top Ten Experts' Mistakes, Changing Prof'l. Standards/Ethics and Judicial Rules/Daubert Tracker services, Problems & Pitfalls with Future Lost Profits' Discounting and with Use of Regressions and Encountering Other Experts. Followup session this Fall (Phoenix, AZ) in a customized joint conference with S.E.A.K.
2006 -BVR National Teleseminar Instructor - "Practice Issues In Determining Executive Compensation Reasonableness- Issues In Valuation And Litigation -Related Engagements."
2006 VFCG//S.E.A.K - Phoenix, AZ-How to be a Dangerous Expert Witness
2006-Speaker - AICPA National Business Valuation/Litigation Support Conference - Austin, TX "Resources and Techniques for Determinations of Executive Compensation Reasonableness"
2006 - AICPA National Business Valuation/Litigation Support Conference-Austin, TX
2007 - FCGU - Atlanta (Buckhead) GA
2007 - FCGU - Chicago, IL
2008 - FCG Webinar
2008 - VPS/ FCG Webinar
2008 - CPAAI National BV Seminar - Chicago, IL -Hilton (Grant Park)
2008 - CPAAI National BV Seminar - Chicago, IL -Hilton (Grant Park)
2009 - Teleconferences
2009 - MSCPA - Spring 2009 Business Update & Economic Forecasting -Dr. Chris Kuehl
2009 - (COMMITMENTS @5/09)