White Collar & Regulatory Defense

No business or executive ever expects to become the target or subject of a white-collar criminal investigation by a federal or state agency. In today’s regulatory environment, however, ethical businesses of all sizes and in all industries may find themselves under scrutiny by law enforcement or regulatory agencies investigating allegations of fraud, false reporting, or other acts of white-collar wrongdoing. These investigations invariably carry not only potential criminal penalties, but possible civil exposure as well as significant collateral consequences such as debarment from government programs. We guide and advocate for our clients in the most difficult legal challenges they will ever face, from sensitive investigations to high-stakes trials and complex appeals.

Our team includes a former Chief of the Fraud and Public Corruption Section for the U.S. Attorney’s Office for the District of Minnesota, who has also served as Deputy General Counsel for a leading national healthcare organization; a former member of the Office of IRS District Counsel, and two full-time criminal defense lawyers with more than ten years’ experience defending white collar cases. The core group is supported by a dedicated team of younger partners and associates and the broad array of cross-disciplinary experience within our firm.

When a case moves into the White Collar arena, our attorneys provide strong, confident defense in a wide variety of areas. We represent corporations and executives in criminal investigations and prosecutions, regulatory compliance investigations, and enforcement actions, as well as civil fraud claims, RICO cases, qui tam lawsuits, and “whistleblower” litigation. We also spearhead internal investigations within corporations, non-profits, and government agencies. In each case, we strive to provide the best possible outcome for our clients through aggressive and experienced representation.

Services

Our White Collar & Regulatory Defense Group offers a comprehensive range of services, including:

• Anti-bribery and Foreign Corrupt Practices Act
• Anti-kickback laws
• Anti-trust and price-fixing
• Bank fraud
• Bankruptcy fraud
• Currency and money laundering
• Customs fraud and import/export laws
• Debarment and exclusion
• Elections and campaign finance
• Environmental crimes
• False Claims Act & Qui Tam defense
• Food and Drug Administration
• Forfeiture
• Government contracts, procurement and grants
• Health care fraud
• Immigration
• Internal investigations
• Licensure
• Mail & wire fraud
• Narcotics
• Real estate and mortgage fraud
• Research fraud
• Securities fraud
• Sex crimes
• Tax evasion and reporting

Representative Cases

• The CEO of a medical device company in a criminal Food and Drug Administration (FDA) prosecution.
• A major medical device company in a Department of Justice (DOJ) investigation under the Trade Agreements Act.
• An agriculture business in a criminal Department of Homeland Security (DHS) investigation.
• A major medical center in a Medicare billing investigation.
• Construction companies in federal Department of Transportation (DOT) investigations under the Disadvantaged Business Enterprise regulations.
• Over 80 orthopedic and neurosurgeons in anti-kickback litigation against the government.
• A financial advisory firm in a criminal anti-trust investigation and parallel class action litigation involving the municipal derivatives industry.
• Two oil and gas companies charged with violating the Migratory Bird Treaty Act.
• A Mexico-based business subject to civil forfeiture of hundreds of thousands of dollars in assets.
• The CEO of a medical device firm charged in a health care fraud prosecution involving a 7-week trial.
• The CEO of a non-profit foundation charged in a multi-million dollar mail fraud prosecution involving a 6-week trial.
• A food manufacturer in a criminal FDA contaminated food investigation.
• An ethanol plant in a federal prosecution under the Clean Water Act.
• A medical device company in a Foreign Corrupt Practices investigation involving transactions in China.
• Businesses and executives in criminal tax investigations.
• Public companies in parallel DOJ and Securities and Exchange Commission (SEC) financial fraud investigations.
• Political party candidates in campaign and election investigations and prosecutions.
• Individuals prosecuted for fraud, embezzlement, theft, sex crimes, immigration violations, violent crimes, and narcotics and firearms violations in state or federal court.
• Medical device manufacturers, health care providers, academic institutions, an Indian tribe, and a variety of public and non-public companies that retained us to conduct internal investigations covering numerous criminal and regulatory issues.

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