Matt Poczatek focuses on financial reporting and auditing issues arising in litigation, internal investigations, and regulatory enforcement actions. Mr. Poczatek also consults on matters involving corporate governance, cost accounting, and forensic accounting issues. He works with experts and clients throughout the litigation process, including discovery, affirmative and rebuttal reports, depositions, arbitration, and trial.
Financial reporting and auditing
Mr. Poczatek has extensive expertise with U.S. Generally Accepted Accounting Principles (GAAP) and their application to revenue recognition, loss contingencies, income tax, business combinations, segment reporting, impairment, and fair value measurement. Mr. Poczatek has also assessed the adequacy of disclosures contained in U.S. Securities and Exchange Commission (SEC) filings, including non-GAAP financial measures.
Mr. Poczatek has evaluated audit and review procedures for compliance with U.S. Generally Accepted Auditing Standards (GAAS) and Public Company Accounting Oversight Board (PCAOB) standards. Across a range of litigation and regulatory matters involving auditor liability, he has addressed issues related to management and auditor responsibility; planning and execution of financial statement audits; the ability to continue as a going concern; how audits of internal control affect financial reporting; and required auditor communications with management and the board of directors.
Mr. Poczatek has worked on complex matters related to senior management’s standard of care responsibilities. In this context, he has analyzed management roles, as well as corporate systems of control over financial reporting.
In cost accounting matters, Mr. Poczatek has conducted fund-level profitability analyses to address allegations of excessive fees paid to investment advisors. He has also analyzed governmental cost allocation models used to set fees on various user classes.
Mr. Poczatek has experience with issues of alleged earnings management and asset misappropriation schemes. He has traced investor money through offshore investment funds to determine the extent to which money was used for purposes outside the funds’ stated purposes. He has also evaluated hedge fund trades to determine how investor money was used in various trading strategies.