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Wayne Klein, Principal |
LOCATION
Wayne
manages the company’s Intermountain West office in Salt Lake City. He
has been quoted frequently in the Wall Street Journal, New York
Times, and Business Week and was featured prominently in Kurt
Eichenwald’s book Serpent on the Rock.
PROFESSIONAL BACKGROUND
LEWIS B. FREEMAN &
PARTNERS, INC.
2008-Present
Principal
Provides investigative,
forensic accounting, analytical, and consulting services in complex
financial matters and litigation. Conducts internal investigations for
companies, acts as expert witness, and assists in the analysis and trial
preparation for complex securities fraud and anti-trust cases.
UTAH DIVISION OF
SECURITIES
2005-2008
Director
Directed state agency responsible for licensing of
securities professionals, registration of securities, and investigation
and prosecution of suspected investment fraud. Served as presiding
officer for certain enforcement actions. Trained staff, set regulatory
policy, handled legislative matters, and coordinated enforcement and
regulatory efforts with prosecutors, securities regulators in other
states, and with federal agencies. Cases included an investigation
resulting in criminal prosecution of a $140 million real estate Ponzi
scheme, member of multistate task forces taking action against
broker-dealers, and multifarious fraud schemes.
UTAH ATTORNEY GENERAL’S
OFFICE
COMMERCIAL ENFORCEMENT DIVISION
Division Chief, 2001-2005
Head of Antitrust Unit, 1998-2001
Assistant Attorney General, 1996-1998
As Division Chief,
supervised attorneys in advising agencies about, and bringing
enforcement actions for, violations of antitrust, securities, consumer
protection, real estate, corporations, and professional licensing
statutes. Litigated securities and antitrust enforcement cases. Was lead
counsel in investigation of conflicts of interest by Goldman Sachs,
resulting in $110 million fine.
As head of Antitrust Unit, directed investigations and litigated
criminal, civil, and administrative cases. Acted as the state’s lead
counsel in large, complex national cases – often in conjunction with
federal agencies – as well as in-state investigations and prosecutions.
Antitrust cases included Microsoft monopolization prosecution, price
fixing conspiracies, boycotts, and mergers. Appointed as Special
Assistant to the United States Attorney General in criminal
investigation of worldwide price-fixing conspiracy(2004-2005).
IDAHO DEPARTMENT OF FINANCE
Securities Bureau Chief, 1986-1995
Deputy Attorney General, 1983-1986
Directed agency in administering securities laws, commodity code,
corporate takeover laws, and endowed care cemetery act. Managed
licensing disciplinary actions, fraud enforcement actions, public
education, and administrative matters. Chair of multistate task force
investigating fraudulent sales by Prudential Securities, resulting in $2
billion in restitution.
FIRST SECURITY BANK
OF UTAH, N.A.
CORPORATE TRUST DEPARTMENT
1982-1983
Administered trusts for corporate and municipal financings and handled
default problems, including repossession of railroad equipment.
EDUCATION
 | Juris Doctorate 1982
George Washington
University, National Law Center - Washington D.C.
Staff member, The Journal of International Law and Economics.
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| B.A., Political Science,
Certificate of International Relations 1979
University of
Utah - Salt Lake City, Utah |
CERTIFICATIONS AND LICENSES
| Utah Bar, Admitted 1982
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| Idaho Bar, Admitted 1984
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| Federal Bar
Admitted to the courts of the Fourth, Ninth, and Tenth Cicuit
Courts.
Admitted to the U.S. Supreme Court |
MEMBERSHIPS
| Executive Committee Member, Utah State Bar Litigation Section, 2001 – Present. |
| Hearing officer for Nevada Division of Securities, 1996-1998.
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| Member, Utah State Bar Securities Section, 2006 – Present.
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| Past director and officer of North American Securities Administrators Association.
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| Representative of U.S. States to International Association of Securities Commissions.
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| Founding Chair, Idaho State Bar
Business Law Section.
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| Arbitrator, National Futures Association.
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CONGRESSIONAL TESTIMONY, TEACHING,
PUBLICATIONS
Congressional Testimony
| Contact Lens Sales: Is Market Regulation the Prescription? U.S. House Subcommittee on Commerce, Trade, and Consumer Protection, Sept. 15, 2006. |
| Enforcement of State Laws Relating to Interstate Transportation of Intoxicating Liquor. U.S. Senate Committee on the Judiciary, Mar. 9, 1999. |
| Application of the Commodity Exchange Act’s Anti-Fraud and Anti-Manipulation Protections. U.S. House Subcommittee on Environment, Credit, and Rural Development, June 30, 1993
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BOISE STATE UNIVERSITY, DEPARTMENT
OF MANAGEMENT
Adjunct Professor, 1989-1995
| Instructor for upper division
university courses on legal economics and commercial law.
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Law Review Articles
| The Prudential Solution – National Securities Regulatory Settlements
(co-author). 51 The Business Lawyer 223, 256-82 (1995).
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| The Idaho Securities Act: An Analysis of Idaho Courts’ Securities Opinions. 29 Idaho Law Review 95 (1992-93).
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| CDs as Securities: State Law Considerations. 1986 Boston University Annual Review of Banking Law.
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Legal Instruction
| Instructor, National Institute of Trial Advocacy (NITA)
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| Frequent lecturer (over 100 seminars) at regulatory training events and legal education seminars on new developments in the law.
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LANGUAGES
| Fluent in Portuguese, and working
knowledge of Spanish |
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