Whether at the federal, state or local level, a government investigation or prosecution can wreak havoc on individuals and business organizations. When these situations arise, veteran counsel can guide clients through the daunting process.
Michelman & Robinson’s (M&R’s) White Collar Department is comprised of experienced attorneys who specialize in criminal matters and parallel civil proceedings. Whether on behalf of the prosecution or the defense, our attorneys advise clients on ways to navigate through these distressing circumstances.
We represent clients at all stages of the criminal defense process, from responding to grand jury subpoenas to trial, appeal and post-verdict litigation. Moreover, we are exceptional courtroom advocates with substantial trial experience.
Whether a matter calls for negotiation or litigation, we assess each situation on an individual basis to select the course of action most likely to incur optimum results. We always handle our clients’ legal issues with their long-term business goals in mind.
We have handled matters involving numerous law enforcement and regulatory agencies, including the U.S. Department of Justice (DOJ), the Federal Bureau of Investigation (FBI), the Securities and Exchange Commission (SEC), the Federal Deposit Insurance Corporation (FDIC), the Internal Revenue Service (IRS), the Federal Aviation Administration (FAA), the Environmental Protection Agency (EPA), the Department of Defense (DOD), and various state attorney generals’ offices.
Our White Collar attorneys have expertise in many industries and practice areas, including Banking & Financial Services, Corporate & Securities, Health Care, Tax, Insurance and Environmental. We also have extensive experience handling cases involving the Foreign Corrupt Practices Act.
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Areas Of Expertise
- Corporate Internal Investigations
If a situation arises where it appears that an organization or someone within it might have engaged in wrongdoing—whether intentional or not—our attorneys conduct internal corporate investigations to ascertain what, if anything, occurred and how to access the appropriate government agency to address the situation.
- Cybercrime
We handle matters involving cybercrime allegations and, when necessary, will partner with outside computer forensics experts to address such claims. Further, we take a cross-practice approach and, when appropriate, consult with our intellectual property attorneys to assist on such matters.
- Environmental
We are experienced in criminal environmental litigation. We have handled matters involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA) and recordkeeping in regard to vessel pollution and laboratory fraud in the testing of petroleum, to name a few.
- Financial Institution Fraud
We have handled matters involving allegations of bank and mortgage fraud with regard to loan applications, bank officer conduct and banking activities.
- Health Care Fraud
Our attorneys have substantial experience handling Medicare fraud allegations, among other types of health care fraud.
- Parallel Investigations
In a number of areas, including health care and securities, there are sometimes governmental civil investigations that move forward alongside governmental criminal investigations. A matter that starts out as a civil investigation can, on occasion, evolve into a criminal investigation. Further, a slew of class action lawsuits will frequently follow the Department of Justice’s (DOJ's) announcement of an investigation into a particular company or industry, especially in the antitrust arena. Our attorneys adeptly formulate strategies and logistics for matters that have, or have the potential to have, both a civil and criminal component.
- Securities Fraud
We are experienced in matters involving securities fraud, including those involving allegations pertaining to SEC Rule 10b-5, options backdating and disclosure issues.
The following is a select sampling of our representative matters:
- Federal Investigation: Conducted an internal investigation for major defense contractor in connection with a federal investigation into cost accounting practices.
- Federal Investigation: Represented a company in a federal criminal investigation into consumer fraud, mislabeling and customs violations.
- Foreign Corrupt Practices Act: Counseled various clients on Foreign Corrupt Practices Act (FCPA) requirements.
- Fraudulent Sampling: Represented a company alleged to have presented fraudulent sampling results in order to obtain a State Pollution Discharge Elimination System (SPDES) permit. The matter involved extensive Data Execution Prevention (DEP) and Environmental Protection Agency (EPA) investigations.
- Medicare Reimbursement: Represented a medical equipment manufacturer regarding an investigation involving Medicare reimbursement.
- Medicare Reimbursement: Represented physicians regarding Medicare reimbursement issues and allegations of fraudulent billing practices, as well as in regard to the sourcing of medications.
- Physician Investigation: Represented physicians in investigations involving consulting arrangements with medical device companies.
- Private Equity Fund Governmental Investigation: A high profile private equity firm was being investigated by various agencies, including the SEC, the Department of Justice and multiple offices of the Attorney General, which sought to fine the fund over $30 million. A large and well-known national law firm was unable to resolve the investigations, so the client retained M&R. After years of litigation in eight different jurisdictions, against numerous agencies, the case was resolved with “closing letters” received from certain agencies, stating that the investigation was over. The M&R attorneys later obtained a $9 million investigation reimbursement for the client from a third party.
- Private Equity Fund Manager Litigation: A client was sued by a state pension fund for $25 million along with numerous other investors. M&R designed a defense strategy of examining the method of pension plan investment strategies. Following almost half of a decade of protracted litigation, a complete dismissal of the fund manager was obtained; the only one in the entire case.
- Procurement Fraud: Represented a defense contractor in federal criminal investigation into procurement fraud.
- Regulatory Action: Represented a major health insurer in a regulatory action seeking to invalidate decisions it made on over 800 claims.
Publications
- TARP’s Vulnerability to Fraud15 Andrews Sec. Litig. Rep. 2, August 11, 2009
- Recent Developments in the Regulation of Online Gambling in the Unites States: The Unlawful Internet Gambling EnforcementAct International Lawyer, 2007
- NY Law Journal, Outside Counsel, January 24, 2006
- Facing Criminal Investigators; A former insider details the nuts and bolts of the process as a reminder of good company compliance programsNY Law Journal, GC New York, July 25, 2005
- NY Law Journal, Outside Counsel, July 13, 2005