How to Conduct Corporate Fraud Investigations: Planning, Gathering and Drafting a Comprehensive Investigative Report

Why Should You Attend:

This webinar will highlight how to conduct effective and thorough investigations of allegations of fraud. Presented by former Inspector General of the SEC, who investigated several high profile frauds in history, including Bernie Madoff’s $50 billion Ponzi scheme and Allen Stanford’s $7 billion Ponzi scheme, the webinar will provide specific and concrete tips on how to gather evidence in a fraud investigation as well.

Some of the primary steps in an effective fraud investigation are conducting witness interviews, locating the necessary paper trail for evidence, and drafting comprehensive investigative reports. This webinar will provide crucial tips for the same as well as pointers on how to prepare a comprehensive and accurate investigative report.

Areas Covered in the Webinar:

• Description of and anecdotes from several high-profile fraud investigations, including the investigation of how the SEC failed to uncover Bernie Madoff’s $50 billion Ponzi scheme
• An analysis of the Bernie Madoff fraud
• A discussion on investigative techniques utilized in different situations
• How to begin a fraud investigation
• How to gather evidence in a fraud investigation
• How to ensure the credibility of a fraud investigation
• How to locate relevant (hard copy and electronic) documents in a fraud investigation
• How to conduct effective witness interviews
• How to draft comprehensive investigative reports
• How to use documents efficiently in the investigation
• Factual documenting and summarizing of all incidents, noting the date, time, location and individuals involved
• Identifying and retaining the paper trail as evidence
• How to conclude an internal investigation
• Creating the report that caters to the right audience
• How to report the findings of an internal investigation
• Who to report the findings to?
• How to ensure that the report is taken seriously
• How to ensure the report is credible
• How to put policies into place that detect and deter fraud

Who Will Benefit:

• Compliance officers/fraud investigators
• Risk assessment professionals
• Internal investigators
• CEOs and senior management officials of small to mid-sized firms
• Operational managers
• Internal auditors
• Staff with roles and responsibilities in compliance departments
• Staff with roles and responsibilities in risk assessment departments

Instructor Profile:

David Kotz presently serves as a Director at Berkeley Research Group, a leading global expert services and consulting firm. Mr. Kotz focuses on internal investigations and matters relating to Foreign Corrupt Practices Act and Anti-Money Laundering regulations. He also serves as a compliance monitor for firms that have entered into deferred prosecution agreements and similar arrangements with government agencies. He also serves as an expert witness in litigation matters relating to securities regulation and the identification of fraud.

Prior to Berkeley Research Group, Mr. Kotz served for over four years as the Inspector General of the Securities and Exchange Commission (SEC). During his tenure at the SEC, he authored the landmark, widely publicized report investigating the failure of the SEC to uncover Bernard Madoff’s $50 billion Ponzi scheme. Mr. Kotz also authored numerous high-profile reports of investigation while at the SEC concerning, among others, a $7 billion alleged Ponzi scheme perpetrated by Allen Stanford, an SEC settlement of enforcement action against Bank of America, and alleged SEC coordination with Congress and the White House concerning the timing of the bringing of an enforcement action against Goldman Sachs & Co. In addition, he authored a landmark audit report analyzing the SEC’s oversight of Bear Stearns and the reasons for its collapse. He has testified before Congress, including televised appearances before the House Financial Services Committee and Senate Banking Committee regarding the Madoff and Stanford Ponzi schemes. He also previously served as Inspector General of the Peace Corps.

Topic Background:

Millions of investors have lost their lifesavings in high-profile frauds over the past several years. These frauds have also led to significant liability and exposure for feeder funds, accounting firms and custodial banks. In the current political and regulatory environment, government oversight and enforcement activities are increasing rapidly and internal and external scrutiny over corporate practices is at an all-time high. Prompt and thorough internal investigations of allegations of mismanagement and misconduct are critical to companies that need to respond to a governmental investigation or threatened litigation.

Corporations are also under increasing scrutiny and many companies have been faced with ethical scandals and allegations of mismanagement and misconduct. Given this trend, companies should be reviewing their protocols regarding how to deal effectively with allegations of fraud and how to conduct internal investigations. It is critical for companies to ensure that they have established systems to properly investigate allegations of improprieties and misconduct that are raised within the company.

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