Russell Molter

Russell Molter consults on complex litigation, regulatory enforcement actions, and corporate investigations. Mr. Molter specializes in accounting and data analytics matters, with a focus on antitrust, financial accounting and reporting, auditing, taxation, and forensic investigations.

Mr. Molter has over twenty years of experience as a consultant, with wide-ranging industry expertise that includes finance, healthcare, manufacturing, oil and gas, and technology. He has served as a testifying expert on matters involving data analytics and accounting issues.

Accounting in antitrust matters

With extensive experience analyzing accounting issues related to antitrust matters, Mr. Molter has consulted on numerous cost and managerial accounting matters, including those alleging supracompetitive profits and predatory pricing.

Mr. Molter has assessed merger efficiencies and failing firm issues for both merging parties and government agencies, including the Department of Justice (DOJ), the Federal Trade Commission (FTC), and the Canadian Competition Bureau. In addition to evaluating merger specificity and the verifiability of claimed cost savings, he has analyzed whether firms are failing and if their assets are likely to exit the relevant market. Representative cases include leading roles in Otto Bock/Freedom, Penguin Random House/Simon & Schuster, and Secure/Tervita.

Financial accounting and reporting, auditing, taxation, and forensic investigations

With more than a decade of experience with financial reporting and taxation matters, Mr. Molter has analyzed a range of accounting issues under U.S. Generally Accepted Accounting Principles (GAAP) topics, as well as internal controls over financial reporting (ICFR). His work on technical accounting matters includes revenue recognition, contingent liabilities, fair value, and derivatives, as well as individual and corporate taxation, among others.

In matters involving Generally Accepted Auditing Standards (GAAS), Mr. Molter has addressed actions brought by the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB). He has also consulted on auditor liability issues in other contexts and has performed forensic services in multiple matters alleging fraud and concealment schemes.

Mr. Molter has conducted forensic accounting investigations and provided litigation consulting services related to accounting fraud and Ponzi scheme claims. Previously, he worked as an auditor in Ernst & Young LLP’s Assurance and Advisory practice.

Expert testimony

Mr. Molter has submitted expert reports and testified in deposition on issues related to the application of GAAP and data analytics.

Thought leadership

Mr. Molter coauthors Cornerstone Research’s annual report on Accounting and Auditing Enforcement Activity. He has also coauthored publications on merger efficiencies, including “If You Build it, They Will Come: Building an Efficiencies Case,” which won an Antitrust Writing Award for best business article in the mergers category. Mr. Molter speaks regularly on accounting and economic issues in litigation.

Community engagement

Mr. Molter is president of the board of directors for the Center for Disability and Elder Law (CDEL), which provides pro bono legal services to low-income seniors and adults with disabilities in Chicago. He is also a member of the CDEL’s executive board.