White-collar criminal (and parallel civil) investigations and prosecutions are as daunting as they are distressing for their subjects. Such proceedings can wreak havoc on impacted businesses as well. Which is why, when these situations arise, attorneys from M&R’s White Collar Practice Group are called upon for their expertise.
Having defended cases involving 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 lawyers navigate all stages of the investigative and prosecutorial process. From grand jury subpoenas and trials to appeals and post-verdict litigation, we are exceptional advocates with extensive case handling experience (including matters that fall within the Foreign Corrupt Practices Act).
No surprise, then, that individuals from a span of industries – banking and financial services, among them – who find themselves under governmental scrutiny, turn to M&R for representation.
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Areas Of Expertise
- Corporate Internal Investigations
When a company, or someone within it, engages in alleged wrongdoing (intentional or otherwise), we conduct internal corporate investigations to ascertain what, if anything, has occurred and how to move forward (when necessary, in concert with the appropriate government agency).
- Cybercrime
Our white-collar attorneys handle cybercrime cases, oftentimes in collaboration with members of the firm’s Intellectual Property Practice Group and outside computer forensics experts.
- Environmental
M&R represents clients in criminal environmental litigation, including cases involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), vessel pollution and laboratory fraud (petroleum testing).
- Financial Institution and Health Care Fraud
We have vast experience defending matters alleging bank and mortgage fraud in connection with loan applications, bank officer conduct and related banking activities. Likewise, M&R represents clients facing Medicare fraud allegations, among other health care misrepresentation claims.
- Parallel Investigations
Oftentimes, civil investigations are conducted in tandem with criminal ones. Likewise, civil investigations can, on occasion, evolve into criminal proceedings. Parenthetically, class action lawsuits frequently come on the heels of governmental investigations (civil or criminal), especially when involving antitrust matters. All that being said, the firm’s case handling contemplates appropriate strategies in cases that have, or potentially have, both civil and criminal components.
- Securities Fraud
M&R’s white-collar litigators skillfully manage securities fraud cases, including those involving SEC Rule 10b-5 violations, options backdating and disclosure issues.
Federal Investigation: Conducted an internal investigation for a 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 in an investigation involving Medicare reimbursement.
Medicare Reimbursement: Represented several physicians in connection with Medicare reimbursement issues and allegations of fraudulent billing practices.
Private Equity Fund Governmental Investigation: Successfully defended a high-profile private equity firm being investigated by several governmental agencies, including the Securities and Exchange Commission, Department of Justice and multiple offices of the Attorney General, which together sought to a $30+ million fine. After years of litigation in eight different jurisdictions, resolved the matter with “closing letters” stating the investigation was over, and later obtained a $9 million investigation reimbursement from a third party.
Procurement Fraud: Represented a defense contractor in a federal criminal investigation into procurement fraud.
Regulatory Action: Represented a major health insurer in a regulatory action seeking to invalidate decisions made on 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