Author Bio

Scott Hilsen is a lawyer and a Certified Fraud Examiner in Atlanta, Georgia.  He is a Director in Investigations at KPMG Forensic and handles internal and government investigations, bribery and corruption, compliance, and e-discovery.  Mr. Hilsen is the President of the Georgia Chapter of the Association of Certified Fraud Examiners, and is a member and former chair of the Forensic Accounting Advisory Board at Georgia Southern University.  He is a founder and former co-chair of the Securities and Corporate Litigation subsection of the Atlanta Bar Association.  He has been chosen repeatedly by Law and Politics as a Georgia Super Lawyer.

Mr. Hilsen received his J.D., cum laude, in 1993 from Georgia State University, where he was the Managing Editor of the Georgia State University Law Review.  He received an M.B.A. in 1993 from Georgia State University and a B.A. in Criminology and Law in 1989 from the University of Florida. 

Representative Engagements

  • Led investigation of the Republican Party of Florida focusing on improper spending and kickbacks by party officials.  The public release of the investigation report garnered widespread media attention and led to the indictment of the Party’s Chairman.
  • Led comprehensive bribery and corruption risk assessments for global publisher in Spain, Italy, Japan, and Netherlands.
  • Represented technology company in bribery and corruption monitor review as the result of a DOJ non-prosecution agreement. Shadowed monitor’s compliance investigation and drafted anti-corruption and bribery policies and procedures, distributor/third-party representative agreements, and counseled company on anti-corruption compliance.
  • Anti-bribery and corruption investigation of automaker regarding practices involving Russian customs officials.
  • Led investigation of Wellmont Health Systems into issues of revenue recognition and fraudulent financial statements, which led to a multi-million dollar restatement.
  • Led investigation of large regional bank into issues of improper financial relationships and conflicts of interests between bank officials and clients who invested in bank-financed transactions.
  • Led investigation of public pharmaceutical company into issues concerning the company’s Medicare Drug Rebate Program.
  • Led investigation of financial software company into issues of revenue recognition and percentage of completion accounting.
  • Lead defense counsel in In re First Horizon Pharmaceutical Corp. Sec. Litig., 464 F.3d 1273 (11th Cir. 2006), a case of first impression in the Eleventh Circuit that adopted the “sounds in fraud” doctrine for claims alleging fraudulent conduct under the Securities Act of 1933.
  • Represented automotive company in cross-border anti-bribery and corruption investigation.
  • Represented the CFO of a pharmaceutical company who was being investigated for channel stuffing and accounting fraud.
  • Represented officers/directors of public companies in SEC insider trading investigations.
  • Represented public technology company in FCPA monitor review as the result of a non-prosecution agreement.
  • Lead counsel in a four-week federal jury trial involving misappropriation of trade secrets.
  • Counsel on a trial team that won a $50 million jury verdict in a case involving breach of contract, business fraud and tortious interference.
  • Lead counsel in six additional jury trials involving various business disputes.

 Presentations 

  • “Anti-Bribery and Corruption:  Where Are You on the Compliance Curve?”  KPMG Perspective Conference, November 2012
  • “Managing Reputational Risk,” Women Corporate Directors, November 2012 
  • “Anti-Bribery & Corruption Compliance and Enforcement, Institute of Internal Auditors, November 2012
  •  “FCPA Executive Briefing,” KPMG Share Forum, October 2012
  • “The New Business Integrity Challenge,” Audit Committee Institute, October 2012
  • “Investigations in a Digital World,” Georgia State Investigators, October 2012
  • “Identifying and Assessing Third-Party Intermediaries for Anti-Bribery and Corruption Risks,” KPMG’s High Growth Markets Webcast, September 2012
  • “The Perception of Detection,” KPMG Perspectives Conference, June 2012
  • “Minefields in Investigations,” Sixth Annual Fraud and Forensic Accounting Education Conference, May 2012.
  • “To Catch a Thief: The Psychology of Fraud,” White Collar Crime Conference, Salt Lake City Chapter of ACFE, October 2011.
  • “Fraudulent Intention$,” Georgia Society of CPAs (keynote address), October 2011.
  • “Legal Issues in Fraud Investigations,” Fifth Annual Fraud and Forensic Accounting Education Conference, June 2011.
  • “Theories in Fraud Response,” KPMG Perspectives Conference, November 2010.
  • “Avoiding Legal Pitfalls in Fraud Investigations,” Fourth Annual Fraud and Forensic Accounting Education Conference, May 2010.
  • “Forensic Investigations: Background and Best Practices,” A Day of Forensics, National Association of Certified Valuation Analysts, Boston, May 2010.
  • “The Psychology of Fraud,” Georgia Southern University School of Accountancy, October 2009.
  • “Legal Issues in Fraud Investigations,” Georgia Chapter of the Association of Certified Fraud Examiners annual seminar, October 2009.
  • “Protecting Privileges in Fraud Examinations,” 20th Annual Association of Certified Fraud Examiners, Fraud Conference & Exhibition, Las Vegas, July 2009.
  • “Feats and Failures in Fraud Prevention, Detection, and Response,” Alston & Bird and KPMG Forensic seminar, May 2008.
  • “E-Discovery: Applying the New FRCP Changes,” National Business Institute, December 2007.
  • “Managing the Risks of Fraud and Misconduct,” Alston & Bird and KPMG Forensic seminar, May 2007.
  • “Red Flags of Fraud,” National Investor Relations Institute, April 2007.
  • “Recent Developments in Corporate Investigations,” Atlanta Bar Association Litigation Section, March 2007.
  • “Life After Enron: Corporate Investigations,” Georgia Association of Certified Fraud Examiners, February 2007.
  • “Electronic Discovery, Practices and Pitfalls,” ICLE, 2007.

 Publications

  • “Legal Privileges in Fraud Examinations,” The Journal of Forensic Studies in Accounting and Business, Vol. 1, No. 1, Winter 2009.
  • “The Facts of Fraud,” ABA Business Torts Journal, Vol. 16, No. 1, Fall 2008.
  • “Preventing Corporate Fraud: The Perception of Detection,” Alston & Bird Trends in Litigation, Spring 2008.
  • “Protecting Privileges in Fraud Litigation,” Fraud Magazine, Vol. 21, No. 5, Sept./Oct. 2007.
  • “Corporate Fraud Demands a Proactive Approach,” Corporate Officers & Directors Liability, April 16, 2007.
  • “Special Litigation Committee’s Report Leads to Dismissal of Derivative Lawsuit,” BNA Corporate Counsel Weekly, December 13, 2006.
  • “Investigation Reports: To Write or Not To Write,” Alston & Bird Trends in Litigation, Spring 2006.
  • The New Investor Relations: Expert Perspective on the State of the Art, (co-authored chapter on investor relations and corporate governance), Bloomberg, 2003.

Awards

  • Distinguished Practitioner Paper Award, 2008 Fraud and Forensic Accounting Education Conference, Charleston, South Carolina.