Stephen O’Malley

Stephen O’Malley is a Principal with over twenty-five years of experience consulting on technical issues. He has engaged on some of the largest multinational investigations and is a testifying expert in the areas of analysis and restoration of electronic data, electronic discovery best practices, and testing of related computer software. He is an expert eDiscovery, computer forensics, artificial intelligence, and data analysis practitioner. Prior to joining Roux, Mr. O’Malley was the founding partner of Delevan Digital Services, a technology practice leader at both JS Held and Ankura Consulting. He is based in New York.

• Financial Consultant to Receiver (EminiFX, 2022–2025). Consultant to the court-appointed receiver of EminiFX. Forensically preserved documents and data associated with the fraudulent investment operations. Reviewed and analyzed account activity of system users or “members.” Prepared a financial condition report of the operations showing that the reported “returns” to investors were not tied to actual investment activities of the entity. Assisted the receiver with the administration of the claims process. Filed a Financial Condition Report.
• Insider Trading Investigation and Response to Multiple SEC Subpoenas Related to Gamestop Short Sale Price Spike (2021–Present). Forensically preserved evidence from mobile devices, cloud-based electronically stored information (ESI), and other electronic systems. Provided forensic analysis devices and emerging messaging systems (signal, telegram, etc.). Hosted, collected, and searched responsive documents for review and production to the Securities and Exchange Commission (SEC).
• Cyber Incident Response/Department of Justice (DOJ) Investigation of International Hacking Effort of a Political Consulting Organization with ties to Key US Political Figures (2017–2019). Led the forensic investigation team responsible for the collection of communication devices and analysis of communication patterns in an effort to identify intrusion methods, including phishing attempts and embedded message malware. Included assessment of potential communication exposure to aid counsel with media management associated with hacked messages that were being published piecemeal.
• Bernard L. Madoff Investment Securities (BLMIS) Liquidation (2008–Present). Led the forensic investigation team responsible for investigating components of fraud for the trustee. Inclusive of communications analysis, transactional pattern recognition of trading activity, documentation of findings, and assistance with crafting complaints on behalf of the trustee.
• New York Stock Exchange (NYSE) Specialist Investigations (2003–2005). Led the forensic investigation team responsible for investigating trading activity by NYSE specialists. Developed sophisticated trading algorithms to identify DOT Inferior and interpositioning trading activity. Presented investigation findings to NYSE enforcement.

• United States of America v. Adarsh Gupta. Crim. No. 2:20-cr-00773 (United States District Court, District of New Jersey). Courtroom expert testimony regarding digital investigations, computer analytics, and data analysis. April 2024.

• TR Investors, LLC, et al. v. Arie Genger. CIVIL ACTION NO. 3994-VCS (Court of Chancery of the State of Delaware). Courtroom expert testimony regarding analysis and restoration of electronic data, electronic discovery best practices, and the testing of related computer software. Authored four expert reports and provided deposition testimony pre-trial. November 2008–September 2009. Judgment 12/09/2009 in favor of TRI.

• “Rise of Fidelity Crimes: Tackling Fraud in the Heightened Digital Age,” Complex Discovery Newsletter (Quoted). 2024, March 12.

• “Fidelity Investigations: A Guide to Successful Claims Outcomes,” Claims Journal. 2024, March 4.

• “Investigations & Computer Forensics; Inside an Internal Accounting Investigation,” The New York Law Journal, pp. S4. 2007, May 29.