Kenneth Koch

Ken leads KPMG’s Forensic Practice in Washington D.C.  He has over twenty years of experience with both the U.S. Government and private industry. He has extensive experience with investigations, regulatory matters, data & analytics, computer forensics, and electronic discovery.

Ken is also Chair of KPMG’s Veterans Business Resource Group, and part of KPMG’s Inclusion and Diversity leadership team.

Ken specializes in providing investigations, data & analytic, computer forensics, and eDiscovery services to clients in support of government investigations, litigation, internal investigations, and regulatory compliance matters. He has managed matters end-to-end with hundreds of custodians and millions of documents globally. Additionally, Ken provides advisory services regarding investigations process and technology, litigation readiness, e-Discovery strategic planning and program development, computer network intrusions, technology exploitation, and cyber fraud.

Ken is a Certified Fraud Examiner and joined KPMG in 2002 after serving 10 years on active duty in the USAF where he conducted criminal and counterintelligence investigations as a Special Agent in the Air Force Office of Special Investigations.

Selected Experience

• Large Private Company: Conducted an investigation into Code of Conduct violations with regulatory implications.  Led cross-functional team of forensic investigators, technologists, and data and analytic specialists.  Analyzed over 70 million documents and 650 million records in structured data platforms.  Utilized machine learning and predictive coding to identify relevant information.  Performed statistical analyses of records to identify anomalies and patterns of misconduct across the organization.  Conducted over 200 interviews of company employees.  Provided advice to counsel of the company’s Special Committee pertaining to the facts and circumstances identified during the investigation, remediation and corrective actions, and the organization’s commitment to integrity and ethical culture.
• Large Automotive OEM: Led efforts related to compliance with document and information subpoenas from the U.S. National Highway Transportation Safety Administration (NHTSA), U.S. Congress, and the U.S. Department of Justice related to safety recalls for several vehicle models.  As part of the investigations, our client was required to search for, and produce documents and information from hundreds of employees dating as far back as 2002.  We identified where potentially relevant information may exist within the client’s IT enterprise, preserved and collected the data, analysed and reviewed tens of millions of documents and other information to determine relevance, and assisted our client with the production of responsive business records and other information to the requesting authorities. 
• Consumer Financial Protection Bureau (CFPB) Enforcement Matters (Multiple Clients): Led efforts related to compliance with Civil Investigative Demands (CID). Conducted burden analysis related to document requests, articulated findings and presented results to the CFPB. Identified potentially relevant information subject to CIDs within the client enterprise, preserved and collected Electronically Stored Information (ESI), and prepared and hosted document repositories for the search, review, and production of responsive business records, documents, and other information.
• Intellectual Property matter (Pharmaceutical Company) – Assisted client with a court ordered remediation of trade secret information from the majority of employees and systems in the company. Searched over 900 employee computers and 68 terabytes of data, identified information required to be remediated, conducted targeted remediation of email, documents, and other files. Purged unallocated space within databases and file systems, and prepared a detailed report of the process and results of remediation efforts for submission to the court.
• Provided consultation to auditors related to requirements in Section 10A of the Securities Exchange Act and evaluated the sufficiency of investigations performed by independent third parties. Led audit teams in the review of work plans, methodologies and protocols, reports, and evaluation of qualifications related to ESI efforts.
• Antitrust matter (Biotech Company) - Assisted client with divestiture and disposition of confidential information related to a Termination Agreement for a facial aesthetic product. Led an engagement team in the identification, preservation, collection, review, and disposition of product development, regulatory, and marketing materials from client servers, backup tapes, employee computers, and company archives. Client employees were interviewed and data collected and purged from client systems, reviewed for relevance, and produced accordingly. Engagement team initiated and maintained chain of custody and positive control of confidential product information.
• Stock Options Backdating Investigations (Multiple Clients): Led engagement teams in independent investigations related to stock option backdating issues. Conducted interviews of employees and board members, collected and analyzed data from compensation and stock option administration systems, captured and reviewed email and documents from client servers, employee workstations, and backup tapes.
• Toxic Tort Litigation (Global Manufacturer) - Led an engagement team in the identification, preservation, and collection of data. Conducted document interviews of client employees and contractors, advised client on preservation hold order development and execution, and prepared client's counsel for meet and confer under Rule 26 of the FRCP.
• Managed and conducted criminal and counterintelligence computer intrusion investigations, provided incident response, damage assessment, collection and analysis of system logs, and monitored and analyzed network traffic in support of intrusion investigations. Developed and maintained computer laboratories for the investigation of information system vulnerabilities associated with intrusion methodologies and information operations.
• Conducted undercover operations involving surreptitious collection and analysis of electronic data, provided computer forensic and network vulnerability training to multiple government agencies, lectured at educational institutions, and authored numerous comprehensive counterintelligence reports regarding computer security, intrusion detection, incident response, and computer forensics.
• Conducted hundreds of computer forensic examinations in support of federal criminal and counterintelligence investigations including economic fraud, child pornography, murder, and espionage. Provided testimony on behalf of the

U.S. Government in criminal proceedings related to electronic
data preservation, collection, and analysis.

Publications/Speaking Engagements/Testimony

• USA v. Middendorf et al. February 2019. Testified regarding function of email systems, telephony systems and records, proximity badge physical security systems and records, proprietary data systems, and authenticated email messages and other documents.
• Legaltech New York. January 2018.  Moderated panel titled “Don’t be a Burden: Arguments Around Proportionality.”
• The Sedona Conference Institute.  February 2017. Faculty for eDiscovery Negotiations Training: Practical Cooperative Strategies course.
• United States District Court, Northern District of Illinois, Eastern Division: Kleen Products, LLC, et al., v. Packaging Corporation of America, et al. Evidentiary Hearing, February 2012
• e-Discovery – A Tactical Approach to Managing Risk and Reducing Cost: AHLA/HCCA Fraud and Compliance Forum, September 2011
• Managing the Risk of Fraud and Misconduct: Meeting the Challenges of a Global, Regulated and Digital Environment: McGraw-Hill 2011 - Contributor
• Taking Control of e-Discovery: Managing Internally and Consistently: NYSBA Inside, Fall 2010
• How Information Technology can be used in forensic investigations: GACFE Annual Seminar, October 2010
• International Data Privacy Panel: Women in E-Discovery Atlanta Chapter, March 2010
• Preservation Roadtrip – Begin With the End in Mind: LegalTech New York, February 2010
• E-Discovery Strategic Planning to Avoid Risks and Pitfalls: ISACA Atlanta Chapter, March 2009
• Is Your Client Ready for e-Discovery?: Developments & Trends in Health Care Law, Birmingham, AL, September 2008
• Preserving Competition Through Independent Monitors: The Metropolitan Corporate Counsel, December 2006
• How To Manage The Costs Associated with E-Discovery: LegalTech West Coast, June 2004
• Hard Drive Inspections: Making Informed Decisions: Mealey’s E-Discovery Conference, June 2004