ABOUT OUR PRINCIPAL
Keith Mautner, CPA/CFF, CFE, CMA has investigated alleged accounting fraud by public companies and related “audit failures” for twelve years. He is a licensed CPA (since 1994), Certified in Financial Forensics, a credentialed Certified Fraud Examiner and a Certified Management
Accountant. Mr. Mautner testifies as an accounting expert for both defense and plaintiffs' counsel on a variety of matters.
Mr. Mautner's career began in 1992 as auditor at Big Four accounting firm Deloitte & Touche. He later prepared financial statements and was responsible for accounting and finance as chief financial officer and controller at two private companies, and prepared SEC filings for a public company.
From
1997-2008, he was a forensic accountant for law firms Milberg Weiss,
Lerach Coughlin and Coughlin Stoia. He has been an undisclosed expert consultant on more than 50 complex litigation cases in federal and state courts, and has substantial experience
with the U.S. Securities and Exchange Commission (SEC) and its financial reporting requirements.
For more details, please click 'Statement of Qualifications' at left.
Notable Achievements
Contributed to 40 settled securities fraud
cases, helping shareholders recover more than $2 billion in losses from alleged fraud–an average of more than $50 million per case (excludes Enron). Also:
- 4 cases achieved recoveries of $100 million to $925 million.
- 3 cases were among
the 10 largest settlements ever, when settled.
- 12 cases received
cash contributions from auditors of public companies.
- 4 of these cases were among the 10 largest auditor settlements ever disclosed, when settled.
Using public
documents, uncovered large amount of contingent license fees improperly reported as revenue by Gemstar–TV
Guide. As a result, client-employer was the only law firm to allege the inflated revenue, initially. Gemstar–TV
Guide
subsequently restated its revenue, for the reasons alleged. Later, the
SEC used the restatement and the restated amounts as
admissions in
obtaining criminal convictions.
Passed all four parts of the CPA Exam
on first attempt, before college graduation. At the time, only about
3% of candidates were passing all four parts of the CPA Exam on their
first try–after college graduation.
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Experienced as a Forensic Accountant
Mr. Mautner has considerable experience managing document review teams in complex litigation with accounting issues. This requires thorough and efficient coding of massive document production by public companies and their senior management, executive officers, board members, subsidiaries, business partners, suppliers, customers, auditors and others. He identifies, analyzes and summarizes "hot docs" to help establish accounting facts, individual and collective degrees of involvement with, or knowledge about, those facts, and to prepare for depositions.
Mr. Mautner frequently strengthens support for fraud and accounting allegations by finding previously overlooked connections among admissible evidence (he also finds connections that contra-indicate allegations). Notably, Mr. Mautner has a lengthy history of uncovering and developing evidence in support of
previously unsuspected accounting fraud, and new defendants, sometimes leading to
unexpected windfalls for counsel and their clients.
Mr. Mautner has extensive exposure and insight into planning and execution of numerous business practices, accounting projects and audit engagements – successful and otherwise – under a variety of circumstances. His diverse professional background and earned credentials supplement his considerable accounting expertise, at a high level and in sophisticated environments; and provide him a broad array of litigation skills.
Specialized Skills
Mr. Mautner is an
expert in financial and accounting management, concepts and practices; as well as financial reporting, accounting and auditing according to
authoritative literature: Generally
Accepted Accounting Principles (GAAP), Generally Accepted Auditing
Standards (GAAS) and SEC reporting requirements (inter alia, Regulations S-K and
S-X). Under the direction of counsel, Mr. Mautner drafts accounting
sections in legal briefs–including complaints, motions, interrogatories, requests for admission, document requests and
responses thereto.
In connection with both alleged accounting fraud and “audit
failures,”
Mr. Mautner's forensic accounting skills include
determining whether financial statements and related disclosures were
materially correct,
whether revenues and expenses were properly recognized within those
financial statements, and whether auditors complied with professional
auditing standards.
Mr. Mautner has nearly 1,000 hours of live deposition experience, primarily as "second chair" with accountant-deponents, and many times
that in advance deposition planning. He prepares the deposing attorney
and helps select documents, develop goals and draft topical outlines with proposed questions. He conducts expert technical accounting research and interprets, explains and clarifies confusing or conflicting evidence; and is able to leap tall trunks of audit binders in a single bound.
In
discovery, Mr. Mautner helps counsel close gaps in discovery. For example, he has identified important evidence
that was neither produced nor on any log of withheld documents. Sometimes, the documents had been withheld as non-responsive, and were produced on request. Other times, "missing" evidence was produced after resolving untimely or disputed privilege assertions. He also supplements discovery results with comprehensive motion practice support and by articulating additional methods of proof.
Accounting evidence, terminology and underlying concepts are routinely complex, confusing and – it can't be denied – boring. In the courtroom, counsel's familiarity and fluency with major accounting themes can be pivotal, helping change the course and outcome of litigation. When important accounting issues and the meaning of accounting evidence are unclear, or disputed, Mr. Mautner's forensic assistance is often key to counsel's conceptual and factual understanding of crucial documents and testimony.
Obtaining forensic accounting resources is an excellent way for attorneys to 'zealously represent' the interests of their clients.
Professional Accounting Experience
Big Four
auditor (1992–1994): Worked on dozens of independent audits of
businesses large and small, both public and private.
Chief financial officer and
corporate controller (1994–1997): Responsible for managing cash
flow, forecasting, budgeting, internal and external financial
reporting, business operations, human resources, employee benefits,
taxes, legal and regulatory compliance.
SEC reporting analyst (1997): Prepared SEC filings, consolidated international revenue reports
(including foreign currency translation) and worked on special cost
accounting and treasury projects.
CPA Exam course Instructor (1993–1995): Trained degreed accountants to take the CPA exam; students of the San Diego faculty consistently had among the highest exam passing rates in the nation.
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