Lawyers / Professionals

 
Christopher M. Cutler       
Partner
2001 K Street N.W
Suite 400
Washington, DC 20006-1040
T: 202.857.1706
F: 202.828.2977
ccutler@mcguirewoods.com
 

Mr. Cutler chairs the firm's Accountants Defense practice and regularly represents international and national accounting firms, companies, auditors and individuals in civil, criminal and regulatory matters, including in investigations before the Public Company Accounting Oversight Board (PCAOB) and the U.S. Securities and Exchange Commission (SEC). He joined the firm from the PCAOB, where he was the first employee of the Board's Division of Enforcement and Investigations, and where he helped design and implement many of the division's current enforcement policies and procedures.

Prior to the PCAOB, Mr. Cutler was with the SEC's Division of Enforcement where he opened the Enron investigation and was instrumental in the SEC's settled fraud actions against various financial institutions resulting in more than $320 million of disgorged funds and penalties to be distributed to injured Enron investors. Additionally, he assisted the SEC and the Department of Justice's Enron Task Force in other related Enron cases, including those against Enron's former CEO. In addition, Mr. Cutler tried and settled multiple cases involving financial fraud, insider trading and broker/dealer misconduct.

Prior to his legal career, Mr. Cutler worked for a company that provided financial accounting services to large financial institutions. He is highly knowledgeable in both Generally Accepted Accounting Principles (GAAP) and PCAOB auditing standards (formerly Generally Accepted Auditing Standards), and has extensive experience with matters involving complex financial accounting issues.

Mr. Cutler speaks frequently at CLE and CPE programs and has provided multiple training sessions to in-house counsel, company executives and law firms. In particular, Mr. Cutler has spoken at the Annual AICPA National Conference on Current SEC and PCAOB Developments and at the Annual ALI-ABA Accountants' Liability Conference. In addition, he has provided CLE training sessions for the legal departments of two of the Big 4 accounting firms on the regulation of the accounting profession, and for law firms on topics including accounting and auditing for derivatives, accounting for transfers of financial assets and accounting for variable interest entities.

Mr. Cutler also writes on legal and accounting matters important to the profession, and has had articles and case notes published by the American Bar Association and other periodicals. He also regularly contributes to McGuireWoods' Subject To Inquiry, where he discusses accounting and auditing related issues and accounting firm regulation.


Representative Matters
  • Currently representing a Big 4 accounting firm in credit crisis-related federal and state civil and regulatory matters in connection with the firm's audits and reviews of one of the largest financial institutions in the United States.
  • Ongoing representation of a Big 4 accounting firm in various regulatory matters, including matters before the PCAOB and the SEC.
  • Favorably represented a Big 4 accounting firm in a securities class action and malpractice case related to the firm's audits and reviews of a Government Sponsored Entity.
  • Successfully represented a partner of a Big 4 accounting firm in connection with an SEC investigation by convincing the SEC staff to end its investigation without taking disciplinary action after the receipt of a Wells Notice.
  • Successfully represented an officer of a Fortune 500 company in an SEC investigation into allegations of financial fraud and violations of Regulation FD.
  • Favorably represented Tyco in class action litigation arising from the company's restatement of its financial statements and misconduct by certain company executives.
  • Successfully represented a Fortune 500 company in connection with a Sarbanes-Oxley Act whistleblower matter that resulted in an SEC investigation. After producing documents and a written description of internal accounting policies, the SEC closed its investigation without proceeding further.

Practices & Industries
Previous Experience
  • Assistant Director, Public Company Accounting Oversight Board, Division of Enforcement Washington, D.C.
  • Senior Counsel, U.S. Securities and Exchange Commission, Division of Enforcement Washington, D.C.

Speaking Engagements
  • Panelist, "Handling an SEC or PCAOB Investigation," ALI-ABA Accountants' Liability Conference, July 2010
  • Speaker, "Pfeiffer v. Toll: State Law Insider Trading Cause of Action Held Valid in Delaware," CLE Webinar, June 2010
  • Keynote Speaker, "Accounting Issues Arising from the Subprime Credit Crisis," Financial Executives International, Florida, May 2009, Wisconsin, September 2009
  • Panelist, "Handling an SEC or PCAOB Investigation," ALI-ABA Accountants' Liability Conference, Chicago, IL, July 2009
  • Speaker, "Understanding Auditor Independence," CLE Webinar, July 2009
  • Speaker, "Legal Issues Associated With the Structure of International Accounting Firms," CLE Webinar, July 2009
  • Speaker, "In Pari Dilecto and Deepening Insolvency," CLE Webinar, January 2009
  • Keynote Speaker, "Did Enron Cause the Credit Crisis?" Financial Executives International, Tampa, FL, October 2008
  • Speaker, "Understanding the Regulation of the Accounting Profession," CLE Webinar, August 2008
  • Speaker, "Credit Crisis Accounting – Allowance, Goodwill and Securities," CLE Webinar, June 2008
  • Speaker, "Understanding GAAP, GAAS and the Auditing Cycle," CLE Webinar, May 2008
  • Speaker, "A Comparison of the SEC and PCAOB Enforcement Functions," CLE Big 4 Legal Department Presentations, New York, January and May 2008
  • Keynote Speaker, "Understanding Enron and the Result: SoX and the PCAOB," Financial Executives International, Ft. Lauderdale, FL, January 2008
  • Panelist in multiple PCAOB programs regarding enforcement initiatives and update, PCAOB Small Business Forum, Ft. Lauderdale, FL, Philadelphia, PA and Seattle, WA, 2005-2006
  • Speaker, "The PCAOB's Functional Areas and Coordination Between Civil and Criminal Regulatory Bodies," Annual Corporate Fraud Conference, Alanta, GA, Summer 2005
  • Panelist, "PCAOB Enforcement Initiatives," AICPA National Conference on Current SEC and PCAOB Developments, Washington, DC, December 2004
  • Panelist, "PCAOB Enforcement Development," PCAOB Speaks, Washington, DC, May 2004
  • Guest Lecturer, George Washington University, Washington, D.C.
 

EDUCATION

University of Florida College of Law, Gainesville, Florida, J.D., with Honors

Georgetown University, Washington, D.C., B.S. Finance, cum laude

 
 

ADMITTED

District of Columbia

Florida

 

PLACE OF BIRTH

Philadelphia, Pennsylvania