KPMG

Daniel Torba

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Learn more about our Forensic Leaders

KPMG Forensic helps organizations in their efforts to achieve the highest level of integrity and to manage the cost and risk of litigation, investigations, and regulatory enforcement actions by assisting with the prevention, detection and response to fraud, waste, abuse, and other forms of misconduct; the avoidance and resolution of disputes; and the collection, discovery and analysis of electronically stored information.

Our global network consists of more than 3,000 multidisciplinary professionals from member firms of KPMG International. We help clients discover the facts underlying concerns about fraud and misconduct, and assist in assessing and mitigating the vulnerabilities to such activities.
Regulatory Enforcement & Compliance  l  Investigations  l  Forensic Technology  l  eDiscovery
Fraud Risk Management  l  Dispute Advisory Services  l  Major Projects Advisory

REGULATORY ENFORCEMENT & COMPLIANCE

Companies are facing intense pressure from increasing regulation and investigations by federal regulators, state attorneys generals and others prompting extensive reviews, audits and litigation in a variety of industry practices.

Whether dealing with an urgent issue or addressing compliance more broadly, organizations need to have comprehensive programs in place to address their risks of noncompliance with state, federal and international laws; regulations; conditions of participation; internal company policies; and contracts.

Does your organization:

  • Have a comprehensive anti-money laundering program in place?
  • Provide comprehensive corporate intelligence and due diligence on all of your third-party business partners?
  • Have prevention measures in place to deal with foreign corruption and bribery?
  • Systematically assess and remediate the root cause of compliance concerns?

Drawing on our experience with clients and regulators, KPMG helps its clients in their efforts to prevent, detect and respond appropriately to noncompliance with regulatory or contractual requirements.

REGULATORY COMPLIANCE

Anti-bribery and corruption enforcement
KPMG provides assistance that is essential to managing risk under the Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act 2010 and the anti-corruption laws of numerous other countries. We help by providing prevention measures that include risk assessments, the evaluation of program controls and governance structures, third-party screening and acquisition due diligence, and training programs in a variety of formats.

Anti-money laundering regulation

KPMG has provided anti–money laundering (AML) assessments worldwide, and contributed to some of the largest AML investigations and program rehabilitations in recent history. Whether assisting a financial institution proactively seeking to improve its program or reactively responding to a regulatory order, we provide assistance to address many areas of AML program improvement sought by the financial community in today’s marketplace.

Economics and regulation

KPMG uses economic arguments, supported with numbers, to build compelling cases for our clients in disputes, in negotiations with regulators and in discussions with antitrust authorities. In addition to our economics experience, we draw on a wide range of skills including accounting, knowledge of the regulatory process and current business environment to produce persuasive arguments supported by the strongest evidence available.

Pharmaceutical and life sciences

KPMG is at the forefront of efforts to help pharmaceutical and life sciences organizations prepare for and survive a new surge of regulatory review and enforcement. KPMG helps clients at all phases of the regulatory compliance life cycle, from the development of a robust compliance program through investigation, remediation and recovery in instances of misconduct or noncompliance.

CONTRACT COMPLIANCE

KPMG helps clients identify potential financial misreporting and establish (or reset) the compliance baseline underpinning contractual relationships with business partners. These business partners include licensees, customers, third-party administrators, vendors, etc. Establishing this baseline may uncover significant findings, resulting in potential collections or savings, factors that affect ROI.

Intellectual property and contract governance

KPMG provides assistance to its clients in helping to ensure their business partners comply with contract terms related to royalties, licenses and incentive-based marketing programs. Our professionals perform royalty reviews of licensees on behalf of licensors. This work helps companies recover lost revenue and enhance the compliance review process. At the same time, it can help maintain—or even improve—the relationship between the two parties, since our approach can help reduce the tension or mistrust that self-reporting relationships often create.

INVESTIGATIONS

Responding quickly and efficiently to alleged or suspected fraud, misconduct or other improprieties such as violations of laws, regulations or organizational policies is critical.

Organizations often lack the resources with the right skills and backgrounds to proficiently conduct a prompt, cost-effective and objective investigation. As fraud and misconduct siphons billions of dollars each year from organizations worldwide, damages reputations and puts public trust in the market place at risk, boards and management at all levels are obliged to rapidly get to the bottom of a matter.

KPMG’s Investigation Services team works closely with clients to understand investigation objectives and coordinate our approach to utilize the appropriate resources. Through detailed inquiries and examinations, including the use of leading data analytic techniques, our highly credentialed professionals provide an impartial means to establish truths, evaluate implications, identify appropriate remedial actions, submit restatements if necessary and communicate with regulators or outside auditors if needed for:

  • Legal counsel
  • Executives
  • Audit and special committees

KPMG has a global team of more than 2,500 dedicated forensic professionals from member firms. We have the necessary familiarity with domestic markets and foreign cultural standards, language skills, and local regulatory and privacy laws to consistently deliver high-quality results by leveraging KPMG’s proprietary global investigation methodology.

Through central coordination, our services are scalable—from a small team in one city to many teams operating simultaneously in dozens of countries. A single point of contact can readily assemble local or multinational teams to help ascertain the pertinent information so that a concern or situation can be swiftly resolved with minimal disruption and cost.

BEYOND ACCOUNTING

The vast backgrounds and competencies of KPMG’s team set up aspart and extend beyond forensic accounting.

 

FORENSIC TECHNOLOGY

Improving business performance while maintaining the highest levels of business integrity and control is a mandate across industries—and around the globe.

This is where KPMG Forensic can help. With our combination of knowledge, experience and technology, we assist clients in their efforts to achieve the highest levels of compliance and efficiency in managing records and information, developing efficient, repeatable business processes for responding to legal and regulatory requests for Electronically Stored Information (ESI) and providing effective collection, processing and hosting of ESI for review and production.

Our services begin with our end-to-end approach that spans the entire Electronic Discovery Reference Model* (EDRM). This integrated approach enables us to provide electronic data discovery (EDD) services that can help organizations achieve measurable improvements in quality and review-team efficiency.

To help make this possible, we operate fourteen Forensic Technology data centers through KPMG (United States, United Kingdom, Singapore, Australia, Hong Kong, China, Germany, Netherlands, India, Russia, South Africa, Switzerland, Canada, Austria) as well as forensics labs through KPMG member firms around the world.

These centers provide technology, process capability, and professional support to help clients reduce the costs (in capital, time, and resources) associated with investigations, compliance, and litigation in the areas of evidence and discovery management and the acquisition, analysis, and management of large ESI data sets.

Whether it’s a multinational cross-border investigation or a Hart-Scott Rodino Act (HSR) second request or other complex litigation, KPMG Forensic and FTS offer the subject matter depth, technological support and operational scale to help achieve efficient and effective execution.
*www.edrm.net

eDiscovery

EDISCOVERY

The amount of electronic data that companies produce today can be overwhelming. As a result, organizations face a variety of complex issues when dealing with electronically stored information (ESI), as well as substantial costs in responding effectively to litigation-related or regulatory requests. Effectively managing ESI is getting harder and the stakes are getting higher.

Is your organization:

  • Challenged with a growing volume of electronic data?
  • Having difficulty identifying, collecting and producing large amounts of data?
  • Struggling with a lack of process for storing and preserving data?
  • Lacking the technical expertise and knowledge of the eDiscovery process?

KPMG’s eDiscovery/Enterprise Discovery Management services help make the discovery process more cost-effective, while maintaining defensibility of the process and managing risks. KPMG’s leading technology enables our process, allowing us to quickly implement changes that can benefit our user base broadly, or to create custom implementations for specific client needs. Our proprietary technology includes the following:

  • Global Evidence Tracking System™ (GETS) helps clients track physical and logical evidence for investigation, litigation or regulatory projects—from collection through the processing and production stages. It is designed to provide a consistent and systematic collation of digital evidence, preservation of processed data, and documentation of the chain of custody for digital evidence.
  • Discovery Radar Collector (DRC) is a targeted collection application that reduces the volume of ESI collected during litigation and other matters, which in turn reduces processing and review costs downstream.
  • Discovery Radar™ is KPMG’s enterprise discovery management application that offers advanced functionality within a single fully-integrated environment, thereby eliminating the issues caused by moving data from one platform to another.

In addition to our proprietary KPMG technologies listed above, we also work with other e-Discovery applications including but not limited to Relativity, NUIX and EnCase eDiscovery.

KPMG helps companies in properly implementing an Enterprise Discovery Management platform that enables them to gain greater control over the eDiscovery processes and costs while reducing the risk caused by inconsistent, ad-hoc processes that are spread across numerous law firms using multiple vendors.

FRAUD RISK MANAGEMENT

Having a reputation for integrity is crucial to safeguarding market confidence and public trust. Unfortunately, fraud and misconduct can seriously undermine such efforts, exposing an organization to legal, regulatory, or reputational damage. That is why experienced business leaders work to ensure that they have effective approaches to mitigating these risks. This is especially important in an environment marked by intense scrutiny and rising enforcement.

Our Fraud Risk Management services are aimed at helping clients prevent, detect, and respond to fraud and misconduct risks. We do this by working with our clients to design, implement, and evaluate ethics and compliance programs and related antifraud programs and controls. Each project we undertake is as distinct as the clients we serve and geared toward balancing risk and control to achieve performance with integrity. We are accustomed to working with clients in a variety of situations, particularly when the level of scrutiny is high and the margin for error is low. For example, you may want to call us when:

  • Your company experiences a problem and you want to take steps to reduce the likelihood of recurrence
  • Your industry is under scrutiny and you need to assess that your programs and controls can meet stakeholder expectations
  • Your board needs to demonstrate performance of its fiduciary duty to evaluate periodically whether your compliance program is designed and operating effectively
  • Your internal audit or compliance functions would benefit from heightened levels of objectivity or specialization in assessing your program
  • Your employees and third-party agents are operating in environments with added pressures and opportunities to commit fraud or other illegal acts to meet targets
  • Your budget owners need to identify and cut unnecessary costs associated with occupational theft, waste, and abuse
  • Your management team needs to identify fraud and misconduct risks when performing due diligence on acquisition targets or business partners
  • Your company needs to adopt more formalized governance mechanisms and antifraud controls as part of an initial public offering and
  • Your business derives revenue from providing goods or services to the government and is subject to enhanced antifraud and disclosure requirements for federal contractors.

ASSISTANCE THAT IS TAILORED TO YOUR NEEDS

Whether you require an assessment of fraud and misconduct risks, the design of forensic data analysis tools, or an evaluation of your entire program, our services are intended to be targeted, scalable, and tailored to your needs.

DISPUTE ADVISORY SERVICES

When disputes arise, it is important to gather the relevant facts, and focus on the key business and financial issues and that will decide the case as soon as possible.

KPMG Forensic helps litigants and their legal counsel deal with costly and disruptive disputes and litigation. We identify and analyze accounting, economic and financial issues that are in dispute. We serve as privileged consultants, expert witnesses, arbitrators and panel-appointed or independent experts. We support parties in negotiations and mediations, and help clients resolve commercial disputes using KPMG’s financial, accounting, industry, data analytic and technology skills.

KPMG can:

  • Provide expert witnesses in litigation, arbitration, regulatory hearings or adversary proceedings
  • Serve as a privileged consultant, using our specialized experience in fields such as auditing, accounting, economics, valuation, finance, tax and industry practices
  • Gather and manage electronic data for use in commercial disputes
  • Perform complex data analysis to support privileged consulting or expert testimony
  • Act as an arbitrator, independent accountant or court- or tribunal-appointed expert—we often take one of these roles in post-acquisition disputes
  • Advise clients on accounting terminology of purchase and sale agreements to avoid disputes, and prepare completion accounts.

Our senior professionals are seasoned expert witnesses and arbitrators and deal with some of the largest and most complex disputes in the world.

MAJOR PROJECTS ADVISORY

Companies implementing growth plans or executing large capital projects frequently encounter surprises in the form of cost overruns and schedule delays. Major capital projects are often complicated, fast-paced and risky endeavors, and are carried out in an environment prone to fraud, uncertainty, waste and abuse.

Stakeholders are demanding transparency, predictability and accountability for project results so that administrators and boards are empowered to make prudent capital decisions.

Is your organization:

  • Concerned about inadequate or nonexistent policies, procedures or controls for capital construction/project delivery?
  • Dealing with reported incidences of potential fraud or abuse such as bid rigging, bribes/gifts?
  • Struggling with process inefficiencies, high levels of rework or errors, or documented control processes are not being followed, if documented at all?
  • Worried about the lack of integration between project cost and schedule information?
  • Overwhelmed by construction claims, contractor overbillings or assessing vendor compliance with large complex agreements?
  • Realizing that the size, scale and complexity of the project or projects exceeds the capability or capacity of the current project team?

KPMG’s Major Projects Advisory assists clients in identifying and mitigating project risks throughout the project life cycle. Our methodology encompasses both “Doing the right project” and “Doing the project right.”

During development, KPMG provides owners with objective feedback to assist decision making for the appraisal, selection, and establishment of programs and projects. During execution, we provide real-time, objective feedback to owners and contractors to facilitate proactive decision making to mitigate cost, schedule, quality and other project risks.

Our services include construction program evaluations, project risk and controls assessments, contract compliance analyses and cost investigations, as well as project support on complex and troubled projects. We provide focused industry knowledge, multidisciplinary teams, and substantive experience in managing both the financial and technical aspects of major capital projects and programs.

Our Major Projects Advisory practice consists of professionals from diverse formal backgrounds including:

  • Construction fraud examiners
  • Cost estimators
  • Construction & project managers
  • Construction attorneys
  • Former owners and contractors
  • Professional engineers
  • Contract and procurement specialists
  • Certified Public Accountants

We routinely work with organizations looking to benchmark themselves against leading construction industry practices. Our ability to deliver quality services results from our team’s understanding of construction and project management processes, internal controls and the unique risk profile for each client.

Clients get help with the identification of process improvement opportunities to increase the likelihood of success and realize the expected benefits of their capital projects.

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