PHAKTOR

Enron Corporation – Securities Fraud and Insider Trading – Mr. Holdeman led a team of FBI agents and SEC enforcement attorneys in a complex securities fraud investigation related to financial statement fraud and insider trading involving executives of Enron Corporation. He conducted hundreds of interviews and proffers of corporate executives, board directors, auditors, stock analysts, and bankers. He analyzed financial records and emails, and obtained confessions and criminal pleas from key executives. Mr. Holdeman testified in the Grand Jury leading to the indictments of the CEO and CAO. He teamed with prosecutors to prepare and execute the trial strategy, including the preparation of witnesses for testimony, cross examination, and closing statements. The investigation resulted in the conviction of over thirty individuals, including the Chairman of the Board, CEO, CFO, CAO, Treasurer, Director of Investor Relations, and Presidents of key Business Units. In addition, hundreds of millions of dollars of illegal insider trading proceeds were seized and forfeited. For his efforts, Mr. Holdeman received the U.S. Attorney General’s Award for Exceptional Service.

Real Estate Investment Firm –  Mr. Holdeman was engaged by a publicly-traded real estate investment company to assist in preparation for a federal criminal trial of top executives falsely accused by a short-selling hedge fund (and subsequently the government) to have engaged in a Ponzi scheme. He assisted in organizing government discovery (based upon expertise in government investigation methods) and identified short-comings in the government production. He reviewed company financial records and emails, and interviewed company, broker, and banker witnesses to assess the government allegations. He reviewed government interview summaries, Grand Jury testimony, and documentary evidence to identify short-comings in the investigation. Mr. Holdeman presented the likely government theory of case and identified key evidence refuting allegations. He identified and prepared defense witnesses, identified cross examination points prior to and during the trial for government witnesses, and identified evidence to rebut the government case. In addition he assisted the client (as plaintiff) in civil proceedings against short-selling hedge funds and against the government via a Federal Tort Claims Act complaint.

Big Five Public Accounting Firm – Obstruction of Justice 

Mr. Holdeman conducted an investigation of a Big Five audit firm related to the destruction of records pertinent to a complex securities fraud investigation. He reviewed and analyzed email and accounting records, and conducted interviews of employees and executives. He developed and proffered a cooperating subject to include extensive debriefs. He prepared trial witnesses for criminal trial testimony.