How to Effectively Deal with the SEC’s Financial Fraud Enforcement Probes: Practical Guide in 2019
Financial fraud has become a widespread phenomenon among businesses and companies. Either inadvertently or consciously done, such act includes the modification and alteration of financial statement data to achieve fallacious results. These fraudulent activities come with accompanying risks and pitfalls that pose threats to the company. Thus, the Securities and Exchange Commission (SEC) has implemented rigorous probes and enforcement actions for fighting fraud and avoid proliferation of financial violations.
In this LIVE Webcast, a panel of thought leaders and professionals will provide the audience with a sneak peek of the 2019 financial fraud landscape. Speakers will discuss in depth the best strategies that businesses must know in effectively dealing with the SEC's financial fraud enforcement investigations. They will also enumerate practical tips to help organizations avoid risks and other pitfalls.
Key topics include:
- An Overview of the SEC's Financial Fraud Enforcement Probes
- The 2019 Financial Fraud Landscape
- Practical Strategies to Effectively Deal with the SEC Probes
- Regulatory Enforcement Priorities
- Notable Cases
- Common Risks and Pitfalls
- What Lies Ahead
Brian Ong, Senior Managing Director, Co-Leader of Forensic Accounting & Advisory Services Forensic & Litigation Consulting
Michael F. Maloney, President
Michael Lowman, Member
Smith Pachter McWhorter PLC
- SEC INVESTIGATIONS PROCESS
- Sources of Investigative Leads
- Informal Regulatory Inquiry
- Formal Regulatory Investigation
- The Wells Process
- Charging Decisions
- SEC APPROACH TO FINANCIAL REPORTING INVESTIGATIONS
- How the SEC Staffs the Investigation
- The Role of the SEC Attorneys and the SEC Accountants
- Involvement of Other Internal SEC Constituencies
- Wells Process from the SEC Perspective
- Internal SEC Review and Approval Process
- ACTIONS BEFORE THE INVESTIGATION
- Common Factors Leading to an SEC Investigation
- Preparing for an Investigation
- Disclosure Issues
- RESPONDING TO AN SEC INVESTIGATION – BEST PRACTICES
- SEC Staff Communications/Interactions
- Responding to Subpoenas
- Work Product Issues
- SEC FINANCIAL FRAUD ENFORCEMENT TRENDS
- Historical Case Trends
- Level of Priority within the SEC
- Potential Areas of Focus Going Forward
- Impact of New Accounting and Auditing Standards
Brian Ong is a Senior Managing Director as well as the Global Leader of the Anti-Corruption Investigations & Compliance practice and the co-leader of the Forensic Accounting & Advisory Services practice at FTI Consulting and is based in New York. Mr. Ong is a senior business adviser with more than 30 years of providing investigative, compliance, accounting, financial analysis, business valuation and corporate transactional advisory services to a variety of clients including corporations, boards of directors, “C-level” executives, in-house legal counsel and external legal counsel. Mr. Ong brings to his clients an array of services designed to help organizations and individuals address critical issues, mitigate risk, enhance corporate governance and improve performance.
Brian Ong is a Senior Managing Director as well as the Global Leader of the Anti-Corruption Investigations & Compliance practice …
Mike is a leading expert in forensic accounting investigations, white-collar criminal and civil defense, and other matters involving complex accounting, auditing, financial reporting and fraud issues. Mike served as Chief Accountant of the Division of Enforcement for the U.S. Securities and Exchange Commission from 2014 to 2018. Prior to his work at the SEC, Mike’s practice involved supporting corporate, individual, and governmental clients and their counsel, including work on SEC/DOJ investigations, fraud and embezzlement matters, complex litigation matters, and as an external auditor. He has testified as an expert, supported complex settlement and regulatory negotiations, and provided on-site support during depositions and trial. Mike also has experience assessing and testifying to financial damages in commercial litigation matters. He served as an Adjunct Professor in the McDonough School of Business at Georgetown University, teaching MBA coursework in Forensic Accounting.
Mike is a leading expert in forensic accounting investigations, white-collar criminal and civil defense, and other matters involving complex accounting, …
Michael Lowman represents public companies and their officers and directors in SEC investigations, securities class actions, individual suits by securities holders and derivative actions. Mr. Lowman has also handled many high stakes corporate and commercial cases, ranging from complex multi-party construction matters and commercial contract litigation to insurance coverage disputes and consumer class action defense. Mr. Lowman has also led many internal investigations into alleged accounting improprieties and counseled clients on securities, FCPA and whistleblower protection issues.
Prior to joining the firm, Mr. Lowman practiced for 20 years in some of the nation’s most prestigious law firms. He also served for five years as an attorney at the SEC’s Division of Enforcement, serving as both as Senior Counsel and as Assistant Chief Litigation Counsel.
Michael Lowman represents public companies and their officers and directors in SEC investigations, securities class actions, individual suits by securities …
Print and review course materials
Method Of Presentation:
On-demand Webcast; Group-Internet Based
General knowledge of financial and accounting laws
NASBA Field of Study:
Finance - Technical
NY Category of CLE Credit:
Areas of Professional Practice
1.5 CLE; 1.5 NASBA-CPE
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About FTI Consulting
FTI Consulting, Inc. is a global business advisory firm dedicated to helping organizations manage change, mitigate risk and resolve disputes: financial, legal, operational, political & regulatory, reputational and transactional. With more than 4,600 employees located in 28 countries, FTI Consulting professionals work closely with clients to anticipate, illuminate and overcome complex business challenges and make the most of opportunities. The Company generated $1.81 billion in revenues during fiscal year 2017. For more information, visit www.fticonsulting.com and connect with us on Twitter (@FTIConsulting), Facebook and LinkedIn.
About Credibility International
Credibility International is operated on the simple premise that its work for and commitment to its Clients, Community and People must be highly credible. Credibility’s professionals have decades of experience on high-profile domestic and international disputes and forensic investigations, assisting clients with their most critical problems. Without the associated conflicts and costs of a big firm, Credibility delivers world-class, independent advice and results at a significantly greater value. Credibility’s professionals have years of experience in the biggest firms of its kind and as top-level regulators, including:
- Top level forensic accounting and investigations experts, including a former Chief Accountant of Enforcement at the SEC;
- Leading testifying damages experts in a variety of disputes, including international arbitration, investment treaty and breach of contract cases;
- Outstanding damages and valuation experts in a wide range of domestic disputes; and;
- Insolvency experts with particular depth of experience in the insurance industry.
About Smith Pachter McWhorter PLC
Smith Pachter McWhorter PLC is a “go to” boutique law firm in government contracting, white collar, and construction law matters. The attorneys at SPM are nationally recognized leaders in these highly specialized areas of the law. The firm represents some of the largest government contractors and other corporations in the United States and abroad; the firm also represents many medium and small companies and provides the same level of service to all.
The firm’s white collar practice encompasses compliance counseling, internal investigations, federal government investigations, criminal litigation, and complex civil litigation. Partners in our firm have served as independent compliance monitors for global and domestic institutions.