White Collar Defense & Investigations
Our White Collar Criminal Defense & Investigations Practice Group represents individuals and corporations, both U.S. and international, in grand jury proceedings, quasi-criminal investigations, administrative and regulatory enforcement proceedings, criminal trials and internal investigations.
The Group successfully defends corporations, corporate executives, individuals and public officials in a wide range of federal or state investigations and prosecutions. The Group also conceives and implements internal investigations for boards of directors, audit committees and senior management in almost every business sector.
At times, individuals and corporations may unwittingly run afoul of the law and government regulations. Ordinary commercial disputes can give rise to allegations of fraud and abuse. Grand jury subpoenas may be directed at innocent targets and present logistical record-gathering challenges for legitimate businesses.
Clients who find themselves accused of these and other business-related offenses, including bank/wire fraud, Medicare/Medicaid fraud, environmental crimes, securities law violations, tax fraud, fraud in government procurement, trade espionage and criminal antitrust and RICO violations, require a firm that understands their legal and professional ramifications, and has experience at both the federal and state levels to navigate them successfully.
Compliance and Prevention
Businesses and individuals in the U.S. face increasingly aggressive government enforcement, investigations, and prosecutions. Business disputes formerly handled through civil or regulatory processes now result in intrusive criminal investigations, and can result in the real threat of prison for executives and considerable sanctions for a company. Our goal is to assist clients in avoiding prosecution and the glare of media attention that comes with a government investigation. To that end, we craft individualized compliance programs designed to prevent potential problems from developing and when necessary, develop and implement a defense strategy to blunt government allegations.
Our broad and comprehensive range of substantive litigation and regulatory experience enables us to offer an integrated approach to address our client’s problems, starting with the difficult and often frightening process of investigation. Criminal and government enforcement activity do not traditionally appear in isolation; they are accompanied by parallel proceedings, civil litigation, shareholder disputes, and regulatory or legislative investigations. Our experienced litigation team mounts an efficient and comprehensive defense on all fronts, utilizing attorneys from the firm’s other practice areas when necessary to counter government allegations and vigorously defend our clients' interest.
Our White Collar practice extends to both state and federal crimes, including quasi-criminal allegations and all types of offenses, such as the following:
- RICO and anti-trust
- Securities or shareholder fraud
- Commercial bribery and extortion
- Official misconduct or financial impropriety by members of board or management
- Internal ethics investigations and executive conflict determinations
- Corporate theft and embezzlement
- Tax and bank fraud
- Environmental investigations and prosecutions
- Grand jury investigations and requests for corporate disclosures for all aspects of business-related crimes
- Represented an offshore financial company alleged to have participated in illegal payments to a foreign head of state to secure exclusive construction and telecommunications contracts.
- Represented a corporation and board of directors alleged to have defrauded and mislead the Department of Defense in the crucial sale of military related components.
- Represented the Russian-based executive of a large energy company alleged to have engaged in a pattern of money laundering and flight from prosecution.
- Represented a publicly held corporation in a federal investigation related to the alleged sale and delivery of unsafe and mislabeled military equipment leading directly to threats on U.S. military personnel.
- Represented a privately held board of directors in an internal investigation and report on the former CEO's personal expenses and travel costs, and whether the company improperly paid such costs as part of the CEO’s overall compensation.
- Represented a publicly held board of directors investigating allegations of an improper relationship between a senior executive and the COO.
- Represented a board of directors in an internal investigation regarding allegations of improper board member voting patterns in granting company contracts and compensation.
- Represented a highly public scientific research center alleged to have intentionally destroyed and minimized federal research studies in an attempt to secure more congressional funding.
- Represented a franchisor in a multi-district breach of contract dispute with a franchisee over exclusivity of area of responsibility. Representation included multiple applications for and against temporary restraining orders, and emergent financial applications including allegations of corporate malfeasance.
- State of the Art Approaches to the Resolution of "Futures" Claims, New Jersey Law Journal In-House Counsel CLE Seminar, June 15, 2010
Insurance Fraud Investigations: Constitutional Challenges to the State's Outsourcing of Fraud Investigations to Insurers, New Jersey Lawyer Magazine, February 2013
Ask A Lawyer: How Dodd-Frank Protects and Rewards Whistleblowers, The Record, November 9, 2011
Prosecutor's Pistol: The Genesis and State of Honest-Services Fraud, BNA Criminal Law Report, August, 17, 2011
High Cost of a Low Threshold: The Policies and Practicalities Underlying the Crime-Fraud Exception to the Attorney-Client Priviledge, BNA's Criminal Law Reporter, May 25,2011
The U.K. Bribery Act’s Hold on American Business, BNA's White Collar Crime Report, April 22, 2011