Prior to joining Ankura, Mr. O’Malley led the electronic discovery efforts involving millions of documents in support of Hart-Scott-Rodino antitrust investigations led by the DOJ and the FTC. Mr. O’Malley also led the on-site forensic examination and electronic discovery review effort of millions documents in Macau, China for a multinational gaming and entertainment corporation. He has coordinated international electronic discovery response for an investigation that led to a financial restatement. His efforts on these cases included interviews, electronic data identification, collection, processing and review at various locations around the globe.
Mr. O’Malley has experience briefing the SEC, DOJ, FTC, and FBI on the electronic discovery efforts related to his investigations. He has extensive experience with the Foreign Corrupt Practices Act (FCPA) investigations and recently led the computer forensics and electronic discovery aspects in a multinational electronics manufacturing business investigation. Additionally, he has served on a team representing the financial advisor to the SEC Receiver of a hedge fund in Connecticut. In this capacity, he led an electronic discovery and computer forensics team, which helped to uncover a Ponzi scheme with potential losses of $700 million. Mr. O’Malley also led the forensic investigation team responsible for examining components of the fraud for the trustee of one of the largest Ponzi schemes in history. In this case, Mr. O’Malley analyzed communications, investigated transactional pattern recognition of trading activity, documented findings, and assisted with drafting complaints on behalf of the trustee.
Mr. O’Malley has led the computer forensic efforts and subsequent reviews in cases related to a New York City Department of Investigation Subpoena, a multinational private equity firm being investigated by the DOJ, a multinational pharmaceutical manufacturer, an international beverage manufacturer, and an electronic information services corporation involving stock options backdating.
Mr. O’Malley has also investigated large executive embezzlement fraud cases including a national consulting and information management corporation and a New York-based financial services company. These cases resulted in criminal charges and eventual guilty pleas to Securities and Wire Fraud Conspiracy, and Tax Evasion. Mr. O’Malley continued to support these matters after they transitioned to bankruptcy proceedings.
Mr. O’Malley has investigated accounting irregularities for a multi-national staffing firm, which involved analyzing payroll records from the largest PeopleSoft database implantation in the world. Additionally, related to several NYSE specialist investigations, Mr. O’Malley has developed sophisticated trading models to identify DOT Inferior and interpositioning trading activity, and he has presented findings to NYSE enforcement.
Mr. O’Malley has a Bachelor’s of Arts Degree from the University at Buffalo in Computer Science.