Financial & Accounting Fraud

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Overview

Through decades of experience in the private and public sectors, Richards Kibbe & Orbe lawyers have developed intricate knowledge of complex accounting and financial reporting rules that arise in government and internal investigations.

Public companies, financial firms and other business enterprises—as well as their senior officers, boards and board committees—rely on RK&O’s deep expertise, targeted advice and forceful advocacy in this area.  more +

Our team, which includes former federal prosecutors and a senior official of the U.S. Securities and Exchange Commission (SEC), has represented clients in investigations and proceedings before the SEC, the U.S. Department of Justice (DOJ), the Commodity Futures Trading Commission (CFTC), the Financial Industry Regulatory Authority (FINRA) and other federal, state and foreign governmental agencies.

RK&O has been recognized repeatedly by Chambers USA, The Legal 500 and Global Investigations Review USA as among the preeminent law firms in this space. Our lawyers have been described as having “an understanding of both senior management and regulators" and the "know how to deal with the sensitivities of both."

Experience

Companies & Boards

  • Board of Performance Sports Group in an SEC investigation of accounting and financial disclosure issues.
  • Special Committee of Iconix in internal, SEC and DOJ investigations and proceedings regarding alleged accounting and financial reporting violations.
  • Audit Committee of Symbol Technologies in an internal investigation of accounting and disclosure issues.
  • A global financial institution to investigate accounting practices.
  • Audit Committee of a financial services company in internal investigation into allegations of fraudulent public statements and insider trading by top executives.
  • Audit Committee members in an internal investigation and DOJ and SEC proceedings involving accounting irregularities identified by the company’s outside audit firm.

Court-Appointed Assignments

  • Court-appointed Independent Examiner investigating accounting fraud issues in United States v. Computer Associates Int’l, Inc., 04 Cr. 837 (E.D.N.Y).
  • Court-appointed receiver for Westgate Capital Management, LLC in SEC v. James Nicholson et al., 09 Civ. 1748 (S.D.N.Y).
  • Court-appointed receiver for Madoff Securities International, Ltd. in SEC v. Bernard L. Madoff, et al., 08 Civ. 10791 (S.D.N.Y.).

Individuals

  • CEO of a major national bank in a DOJ investigation concerning accuracy of public statements made about the bank’s financial health and performance.
  • Former CEO of Fortune 25 company in connection with investigations by SEC, DOJ and New York Attorney General involving revenue recognition and other accounting issues.
  • CFO of a financial services company in an SEC investigation into accounting and financial reporting errors by the company.
  • Former CFO of Cardinal Health in SEC and DOJ investigations regarding company’s accounting and disclosures.
  • Former CFO of a major manufacturer of film projection systems in an SEC investigation regarding company’s revenue recognition practices.
  • Banking executive who testified in the accounting fraud trial of Dewey & LeBoeuf’s senior managers.
  • Accounting staff member of a publicly-traded consumer financial services company, in a DOJ investigation of alleged earnings manipulation.
  • Accounting staff members of an industrial company in DOJ and SEC investigations of alleged earnings manipulation.
  • Senior executive of a publicly-traded company in an SEC investigation of accounting practices.   

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