MWWPR has served a summons on accounting firm Marcum LLP and managing partner Jeffrey Weiner seeking a declaratory judgement that engagement letters are void, illegal and unenforceable. Damages in excess $5 million are being sought.
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The summons with notice, filed June 28 with New York Supreme Court, County of New York, cites an “un-waivable conflict of interest and lack of independence on the part of Marcum LLP’s managing partner, Jeffrey Weiner.”
Marcum has 30 days to respond to the summons. There was no immediate comment from the firm.
Declaratory judgment is also being sought for “negligence, accounting malpractice, breach of contract, fraudulent inducement, breach of fiduciary duty, promissory estoppel, unjust enrichment and/or additional claims arising from Marcum LLP providing MWW Group with audits, from 2011-2014 which were irredeemably tainted, fundamentally unreliable, and in violation, inter alia, Generally Accepted Accounting Principles, Generally Accepted Auditing Standards, New York Rules of the Board of Regents on Unprofessional Conduct, codified in the New York Codes, Rules and Regulations and the American Institute of CPA’s Code of Professional Conduct.
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Marcum describes itself as “one of the largest independent public accounting and advisory services firms in the nation with offices in major business markets throughout the U.S., Grand Cayman and China.”
Founded in 1951, it provides “a full spectrum of traditional tax, accounting and assurance services; advisory, valuation and litigation support, and an extensive range of specialty and niche industry practices.”
Marcum is a member of the Marcum Group which provides an array of professional services.
MWW Sued McDonald’s for $5.2M
MWW in 2014 sued McDonald’s New York Tri-State Owner/Operators Assn. for $5.2M, claiming it had been wrongly fired because it was also working for an unnamed “casual dining restaurant.” Requests for comments on the status of the suit are not answered by McDonald’s or MWW.
Scholastic, a supplier to MWW for creation of educational materials and related services that featured MWW client Samsung, sued MWW on April 19, 2016 on charges of non-payment of $699,377.
MWW told Scholastic on Jan. 11, 2016 that it would “not be making any additional payments on the account as we are in a dispute with Samsung.”
Byte Dept. sued MWW on March 22, 2016 claiming it is owed $130,800 for providing “instructor, staffing and support services in connection with the 2015 APP Academy.”
Comment is being sought from MWW on the status of the legal actions.
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