Jonathan T. Marks is a partner in Baker Tilly’s Forensic and Litigation practice. He has more than 30 years of experience working closely with his clients, their board, senior management, and law firms on global (cross-border) fraud and misconduct investigations, including global bribery, corruption, and compliance matters. Jonathan assists his clients in mitigating future potential issues by conducting root-cause analysis, developing remedial procedures, and designing or enhancing governance, global risk management, and compliance systems along with internal controls and policies and procedures. He is a well-regarded author and speaker who has gained international recognition for developing the Fraud Pentagon™ and other thought leadership that has enhanced the profession. Jonathan is a highly-regarded speaker, author, and thought leader. He presents internationally on an array of fraud, ethics, and forensic accounting topics. Marks was an adjunct professor at Rider University and today is a guest lecturer at Lehigh University.
He has extensive experience in matters including: anti-bribery and corruption, corporate governance, crisis management, cyber incidence, due diligence (financial, operational, and compliance), economic damages, forensic accounting, fraud risk management and assessments, GAAP/GAAS/PCAOB, internal audit and controls, monitoring, regulatory compliance and investigations, third-party risk management and audits, and whistleblower allegations.
Marks specializes in internal and regulatory investigations; governance matters; assessment, design and implementation of compliance programs; global fraud risk management; and compliance coordination and monitoring services for the private, public, not-for-profit sectors and some of the world’s largest companies. He has led high-profile financial, accounting, compliance, and due diligence investigations around the world relating to allegations of accounting irregularities, improper financial disclosures, fraud, non-compliance, corruption, money laundering, bribery, and data breaches. Jonathan has provided expert testimony on accounting, financial, and internal control issues in commercial litigation matters and has appeared before the United States Securities and Exchange Commission (SEC), Financial Industry Regulation Authority (FINRA), and the United States Department of Justice (DOJ) to present his findings. Marks has educated and advised some of the world’s largest companies on these and a variety of other high-complex issues, including those related to the Foreign Corrupt Practices Act (FCPA). He has previously held leadership positions at a national accounting and a global disputes and investigations professional services firm.
- Educated and advised individuals, law firms, and some of the world’s largest companies in areas including complex accounting, auditing, disclosure, and internal controls related to financial reporting, and regulatory compliance with the Securities Act of 1933, the Exchange Act of 1934, the Foreign Corrupt Practices Act of 1977 (FCPA), the Sarbanes-Oxley Act of 2002 (SOx), Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and the United Kingdom’s Bribery Act (UKBA).
- Lectures frequently, conducts training programs, and facilitates workshops on all aspects of fraud investigation and the evaluation, development, implantation and harmonization of compliance, monitoring, and internal audit programs.
- Led a 10A Investigation that involved several complex issues, including alleged illegal acts related to the valuation of inventory, inventory reserves, and the overall completeness and accuracy of the books and records. Jonathan worked closely with outside counsel and the external auditor, including their national practice and forensic group.
- Developed a road map, synthesized massive amounts of data with more than fifteen organizations, and prepared an analysis to assist counsel in the defense of an alleged stock manipulator. Jonathan met with and presented the analysis to the US Attorney, FBI, SEC, and FINRA, who accepted and commented on quality and thoroughness of the work product.
- Provided forensic accounting support to counsel for two senior executives (CEO and CFO) that were subjects of an SEC investigation.
- Managed a special audit committee investigation for a Forbes Top 100 company that spanned many countries and involved performing root cause analysis related to alleged $400 million fraud related to channel stuffing by a large pharmaceutical concern. The investigation uncovered deficiencies in the overall governance framework, and legal, compliance, and internal audit functions. Subsequent to the investigation, Jonathan was retained to assist with the remediation of the compliance and internal audit functions. He also led a team to enhance evaluate the design and when necessary enhance internal controls. He personally assisted in hiring of the internal audit - forensic accounting lead in the United States.
- Engaged by the audit committee of a Fortune 50 company to perform a root cause analysis and provide an assessment to the full board on the results of a massive internal investigation related to alleged revenue recognition issues. The initial investigation was conducted by a highly-reputable law firm who was assisted by a Big 4 accounting firm. Jonathan assisted in drafting the report, which provided recommendations on improving governance, risk, compliance, and internal controls.
- Retained by outside counsel to investigate allegations from a whistleblower the general counsel and the controller were engaged in several schemes to defraud a large hospital group. The investigation uncovered many internal controls deficiencies, including weaknesses in the risk assessment process and internal audit plan.
- Worked directly with the US Attorney, FBI, IRS CID, and US Customs on a massive investigation involving a myriad of fraud schemes, concealment strategies, and conversion tactics that involved individuals, private, and publicly held companies. Jonathan received the Chairman's Award of Excellence for my work and commitment.
- American Institute of Certified Public Accountants (AICPA)
- American Bar Association (ABA) – Previously served on the Professional Services Liability Committee Member
- Association of Certified Fraud Examiners (ACFE)
- Cancer Support Community of Philadelphia, Gilda’s Club – Chairperson of the Board
- Financial Executives International (FEI) – Research Committee Member
- Institute for Fraud Prevention (IFP) – Intellectual Board Member
- International Association of Independent Corporate Monitors
- National Association of Corporate Directors (NACD)
- Pennsylvania Institute of Certified Public Accountants (PICPA)
- Zeta Psi-Pi Kappa – President of the Alumni Association
- Co-authored, “Whistleblowers: Trust the Process,” Fraud Magazine (Scheduled January 2018)
- Co-authored, “The Triangle of Fraud Action: A Response to the Fraud Triangle on Trial”
- Co-authored, “Not an Aberration—Creating a Risk of Bribery Might Be Enough!”, The Legal Intelligencer
- Co-authored, “Calculating the Correct Tax Loss: Are You Looking 'Outside the Box,’” The Legal Intelligencer
- Co-authored, “Responding to Whistleblowers: A Structured Triage Approach is Essential”
- Presented, “Surviving a Restatement: Ten Pitfalls to Avoid,” NACD
- Co-authored “Beyond the FCPA: Strong internal controls and effective internal audit are critical factors in global anticorruption efforts”, Internal Auditor Magazine
Bachelor of Science/Bachelor of accounting