WAYNE KLEIN, FOUNDER

wklein@kleinutah.comWayne Klein

OVERVIEW: Wayne Klein spent more than twenty-five years in the investigation and prosecution of white-collar fraud for government agencies in Utah and Idaho.  He has been quoted frequently in the Wall Street Journal, New York Times, and BusinessWeek and was featured prominently in Kurt Eichenwald’s book Serpent on the Rock.

FIDUCIARY SERVICES: Mr. Klein has been appointed by state and federal courts as a Receiver to investigate the operations of companies in trouble and liquidate the assets.  This includes investment Ponzi schemes and creditor recovery actions.  Forensic accounting is utilized to identify sources and expenditures of funds and to locate assets to recover.

EXPERT WITNESS: Wayne serves as a consulting and testifying expert in securities litigation, securities arbitration, and antitrust cases analyzing compliance with the law and the liability of various parties.

INTERNAL INVESTIGATIONS:  Wayne provides an independent investigation of transactions or conduct for companies that have discovered questionable activities.

EMPLOYMENT EXPERIENCE

KLEIN & ASSOCIATES, PLLC, 2009-Present, Founder

Provides investigative, forensic accounting, analytical, and consulting services in complex financial matters and litigation.  Mr. Klein also currently serves as the Chair of the Litigation Section of the Utah State Bar.

LEWIS B. FREEMAN & PARTNERS, INC., 2008-2009, Principal

Opened Salt Lake City office for Miami-based firm that provided forensic accounting, receivership, and consulting services.  When LBF&P decided to close its Utah office, Klein & Associates was formed.  Mr. Klein provided assistance on LBF&P cases in Florida and generated new business for the firm in the Intermountain West.

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.  Set regulatory policy, handled legislative matters, and coordinated regulatory and enforcement efforts with other states and federal agencies.

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.  Notable cases include lead counsel in investigation of analyst conflicts of interest by Goldman Sachs, Microsoft antitrust action, and being appointed as Special Assistant to the U.S. Attorney General.

IDAHO DEPARTMENT OF FINANCE, Securities Bureau Chief, 1986-1995

Directed state agency in administering securities laws, commodity code, and corporate takeover law.

IDAHO ATTORNEY GENERAL’S OFFICE, Deputy Attorney General, 1983-1986

Investigated and litigated securities and commodities fraud enforcement actions and provided legal counsel  to state bank regulators.

FIRST SECURITY BANK OF UTAH, N.A. CORPORATE TRUST DEPARTMENT, 1982-1983

Administered trusts for corporate and municipal financings and handled default problems.

OTHER SKILLS

EDUCATION:

  • George Washington University, National Law Center, J.D. 1982.  Staff member, The Journal of International Law and Economics.
  • University of Utah, 1979, B.A., Political Science, Certificate in International Relations

CERTIFICATES AND LICENSES:

  • Utah Bar, Admitted 1982
  • Idaho Bar, Admitted 1984
  • Federal Bar, Admitted to the U.S. Supreme Court and courts of the Fourth, Ninth, and Tenth Circuits.

MEMBERSHIPS, ACTIVITIES:

  • Chair, Utah State Bar Litigation Section 2009-2010
  • FINRA Arbitrator (qualified)
  • Member, Utah State Bar Securities Section
  • Hearing Officer, Nevada Division of Securities, 1996-1998
  • Founding Chair, Idaho State Bar Business Law Section
  • Past director and officer of North American Securities Administrators Association
  • Representative of U.S. States to International Organization of Securities Commission
  • Arbitrator, National Futures Association

CONGRESSIONAL TESTIMONY, TEACHING, PUBLICATIONS

  • U.S. House Subcommittee on Commerce, Trade, and Consumer Protection, Contact Lens Sales: Is Market Regulation the Prescription?, Sept. 15, 2006.
  • U.S. Senate Committee on the Judiciary, Enforcement of State Laws Relating to Interstate Transportation of Intoxicating Liquors, Mar. 9, 1999.
  • U.S. House Subcommittee on Environment, Credit, and Rural Development, Application of the Commodity Exchange Act’s Anti-Fraud and Anti-Manipulation Protections, June 30, 1993.
  • Adjunct Professor, Boise State University: Teaching upper division courses on legal economics and commercial law, 1989-1995.
  • The Prudential Solution – National Securities Regulatory Settlements (co-author), 51 The Business Lawyer, 223, 256-182 (1995).
  • The Idaho Securities Act: An Analysis of Idaho Courts’ Securities Opinions, 29 Idaho Law Review 95 (1992-93).
  • CDs as Securities: State Law Considerations, 1986 Boston University Annual Review of Banking Law.

Click here for the Curriculum Vitae of Wayne Klein