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The House Committee on Energy and Commerce
Subcommittee on Commerce, Trade, and Consumer Protection
September 25, 2003
10:00 AM
2322 Rayburn House Office Building
Chairman Stearns, Ranking Member Schakowsky and members of the Subcommittee:
Thank you for the invitation to appear here today.
My name is James W. Barratt and I am a Senior Managing Director in the Forensic
and Litigation Advisory Practice of FTI Consulting ("FTI") in
Washington, DC. I am a CPA and have over 19 years of combined accounting,
auditing, and investigative experience including serving several years as an
accountant in the Division of Enforcement of the U.S. Securities and Exchange
Commission.
FTI Consulting is a publicly traded, multi-disciplined consulting firm with
leading practices in the areas of financial restructuring and litigation
consulting.
In December 2002, James Doty of the law firm of Baker Botts, L.L.P. ("Baker
Botts") retained FTI to provide forensic accounting consulting services in
connection with an internal investigation requested by the Audit Committee of
the Board of Directors of Freddie Mac. FTI possessed the forensic accounting
experience and electronic evidence consulting resources to assist in conducting
the investigation.
Over the course of several months, members of FTI and Baker Botts worked closely
together to conduct the internal investigation. The FTI forensic accounting
teams performed analyses of various accounting and financial reporting issues
related to complex derivative transactions and reserve accounts. The FTI
electronic evidence team supported the forensic accountants and the attorneys in
the electronic evidence gathering and analysis process. That process included
the imaging of numerous hard drives, obtaining and storing e-mails and other
data from network servers, and identifying relevant documents through keyword
searches and other techniques.
On July 23, 2003, the Report on the results of this investigation into
accounting and financial reporting matters was made to the Board of Directors of
Freddie Mac. As stated in the Report, our purpose was to conduct a fact-finding
investigation. To that end, FTI has assisted Baker Botts in developing an
understanding of the structure, execution, and accounting implications of each
of the specific transactions. Our purpose has not been to test whether the
accounting was correct because the Company has already determined that the
accounting was in error.
I welcome the opportunity to assist the Subcommittee in the hearing today.
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