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Giovanni Foti

Partner

About

Giovanni Foti is a partner at Accuracy. He has over 30 years of professional experience in audit and financial consulting and is specialised arbitration, forensic accounting and compliance risk management, fraud investigation and dispute services.

As a Certified Chartered Accountant (Dottore Commercialista) and a certified chartered accountant, he has performed valuations and financial analysis, appraisal and fairness opinion.

Before setting up Accuracy’s Italian office, Giovanni worked as an Executive Director in the Fraud Investigation & Dispute practice of Ernst & Young, focusing on fraud investigations, litigation, arbitration, expert witness, forensic accounting and compliance risk management. Prior to joining the Fraud Investigation & Dispute Services, he gained extensive experience as an auditor in Arthur Andersen.

Giovanni speaks Italian and English.

Qualifications

  • Graduated in Economics – Università Cattolica del Sacro Cuore, Milan
  • Certified Public Account
  • Dottore Commercialista (Certified Chartered Account)

In-depth expertise

Giovanni has been involved in analysis and computation of accrued damages and forgone profit in litigation and arbitration cases as well as analysis and validation of the gross margin of carve-outs in sell-side, litigation and criminal proceeding situations.

Giovanni has been included in the Who’s Who legal, in recognition of the outstanding quality of his services from 2019 to 2023.

In addition, he has been recognised as an Italian representative for “Corporate Fraud & Corruption” in the Financier Worldwide – Corporate Finance Intelligence Annual Review 2017.

He has also participated, as a panelist, at conferencs including “International construction disputes: dispute board and arbitration” (Milan Chamber of Arbitration, 2011), “Quantification of damages in commercial arbitration: mission impossible?” (Milan Chamber of Arbitration, 2018), and “Italy’s Appeal in the International Arbitration Market – What’s new after the recent legislation changes?” (Milan Legalcommunity Week, 2022), “Cybersecurity in the age of emerging technologies” (Rome, Inhousecommunity Days, 2023), “Forensic Technology in trials: what’s next?” (Milan, Legalcommunity Week, 2023).

His publications include “Arbitrato internazionale: più garanzie con un consulente indipendente”
(“International arbitration – higher assurances with an independent expert”, Sole 24 Ore, 2011); “Il ruolo del consulente indipendente: l’esperienza di Accuracy” (The independent adviser’s role:
Accuracy experience”, Accuracy.com, 2012); “Così le aziende riducono il contenzioso negli appalti” (“How to reduce litigation within long-term projects”, La Repubblica, 2014); “Grandi opere – come dribblare i contenziosi” (“Long-term projects: how to avoid litigation”, Milano Finanza, 2014); “La gestione tecnico legale del contenzioso negli appalti” (“Legal and technical management of litigation in long term projects”, Legalcommunity.it, 2015); and “How to manage long contracts in difficult situations” (Sole 24 Ore, 2018) and “Integrated Due Diligence: a mosaic of expertise to reduce the risk” Fraud&White collar crime Expert Guide, 2022.

Example of engagements

Fraud, Litigation & Arbitration

  • Several quantum/Delay analysis for two Italian train manufacturers (prelitigation/litigation)
  • Financial valuation of losses resulting from a delay to delivery and of warranties and penalties of long-term contract
  • Several quantification of profit damages and loss in a dispute over delays to completion of a long-term construction contract
  • Quantification of damages and causalities resulting from a fraud by ex-Directors of Banca Marche, admitted to extraordinary administration proceeding by “Ministero Economia e Finanze”
  • Technical scrutiny of events relating to sanctioning proceedings notified by Banca d’Italia to an Italian financial services company
  • Several fraud investigation, gap analysis and stress test of 231 model of banks and corporates
  • Mapping/design/implementation of procedures to manage/monitor a long-term contract order
  • Support to licensors in licensing management projects (anticounterfeiting/“grey market”)
  • Expert advisor engaged by Special Manager appointed by Italian Economy Minister in bankruptcy procedure of a large company
  • Conducted investigation for a government agency to verify the reliability of cost statements by a hospital for governmental contributions
  • Preparation of an expert report challenging the results of the valuation report issued by an Italian Advisor in the context of the arbitration between two Israeli car dealers of Fiat-Chrysler brands
  • Forensic Investigation for a GDO company stemmed from a whistleblowing report indicating a potential inappropriate relationship between the procurement manager of the company and the main supplier within the construction, in the context of a tender

 

Valuation

  • Expert appraisals for the contribution-in-kind of business units and shares in several companies (Kering, Stella McCartney, Bottega Veneta, Sisal Group, etc.)
  • Valuation of the carve-out of a French energy multinational group and expert appraisal for the contribution-in-kind of the business to a new company
  • Valuation of a carve-out business of a French multinational operating in rail transport markets and expert appraisal for the contribution-in-kind of the business of train maintenance.
  • Appraisal valuation of the fair value of certain assets in the course of purchase price allocation for the acquisition of a target in the pharmaceutical business
  • Valuation of the fair value of the intangible asset Commercial Licenses related to a Retail Park located in Italy
  • Expert appraisal valuations for listed companies related to contributions in kind in NewCo according to Italian law (art. 2343 and 2465 Civil Code)
  • Determined fair value of assets in the context of the PPA in accordance with IFRS3 for the acquisition of a company operating in the pharma industry
  • Valuation and fairness opinion of the shareholders’ equity of Vibo Valentia execution centre branch of business in the context of the disposal to the controlled entity ENI