White Collar Crime and Government Investigations
Too few lawyers are experienced in handling matters implicating highstakes criminal and civil liability. Most white-collar criminal investigations not only carry criminal sanctions that present the possibility of substantial fines, debarment, and in the case of individuals, deprivation of liberty, but "follow-on" civil lawsuits - initiated either by the Government or private plaintiffs - routinely result in unfortunate "bet the company" decisions. When adverse publicity is added to the mix, the situation can appear, at times, unbearable.
Our White Collar Crime and Government Investigations Lawyers are uniquely experienced and qualified in these matters. Our first and foremost goal is to formulate the best strategy to defend the criminal investigation. We routinely explore many options in this regard, recognizing that the best criminal defense can be frequently accomplished through behind-the-scenes efforts instead of the courtroom. Our strategy also includes a detailed analysis of all ramifications of the criminal investigation, including potential criminal and civil penalties, the possibility for increased criminal and civil investigations in the future, as well as the investigation's present and future impact upon the client's financial well being and public image.
We believe that most white-collar criminal investigations can be resolved by recognizing the need to be less conventional. We strive to guide our clients -- individual and corporate -- to make the best business judgments by anticipating future changes rather than researching past precedent.
OUR CLIENTS
Our White Collar Crime lawyers have represented institutional, corporate, and individual litigants before grand juries throughout the United States, in agency and administrative proceedings, and in private litigation closely related to the original investigation. We have also led, conducted, and participated in numerous internal investigations, both representing entities as well as individuals. Our matters are frequently the subject of intense public scrutiny.
OUR EXPERIENCE
Our lawyers have participated in the investigation and trials of numerous criminal and federal and state regulatory offenses, including alleged violations of the antitrust laws, health care fraud, corporate bribery, securities fraud, environmental crimes, federal agency fraud, the Foreign Corrupt Practices Act, tax evasion, bank fraud, economic espionage, U.S.
White Collar Crime Articles
The Truth Behind Pretexting: In-house Investigations and Professional Responsibility Concerns
To this day, The Wall Street Journal, New York Times, and internet blogs continue to run new articles and queries focusing on the growing scandal involving H-P's investigation and its pretexting techniques. While many of these reports inquire about criminal liability for those involved, this article discusses the professional responsibility consequences for lawyers involved with pretexting. The simple truth is that lawyers are held to a higher bar than just avoiding criminal conduct. Read more.
So You Think You Don't Need To Worry About Export Regulations? Think Again.
While companies with extensive experience exporting may not be surprised at the reach of U.S. export regulations, those newer to the game face risks that they may not have imagined. Read more.
Document Management and Retention Post Arthur Andersen L.L.P.
Recent cases like Arthur Andersen LLP v. U.S., 125 S.Ct. 2129 (2005) have left many companies wondering what to do about document management and retention. Although the Supreme Court reversed the Arthur Andersen conviction, the Court was clear that a company can be held criminally liable when it implemented a document destruction policy with an intent for wrongdoing. Read more.
When Does Uncle Sam Want You? A Report from Minnesota's U.S. Attorney
Terrorism. The DOJ is concerned with terrorism financing, and any conduct that might aid terrorism financing, such as offshore banking, immigration fraud, and identity theft.
Corporate Fraud. After Enron, the DOJ is paying particularly close attention to the integrity of financial institutions and to misconduct by professionals such as accountants and attorneys.
Accountability of Corporate Defendants. The DOJ has made it no secret that it will pursue corporate defendants, particularly in relation to individual defendants, as it emphasizes seeking a company waiver of the attorney-client privilege and maximizing self-policing by big business.
Investment and Securities Fraud. Insider trading, market manipulation, financial statistics fraud, and general investment fraud are among the DOJ concerns in this area.
Healthcare Fraud. Home healthcare, pharmaceutical diversion, and Internet pharmacy have emerged as the problem areas in healthcare, attracting government investigation.
Cybercrime and Identity Theft. While forty-seven percent of all such complaints go to the Federal Trade Commission, cybercrime and identity theft are actually a top priority for the Federal Bureau of Investigation and the Secret Service.
Public Corruption. Even government is not excused from selfpolicing.
Corporate Embezzlement.
Bank and Financial Institution Fraud.
Indian Gaming. This segment is a $19.4 billion annual industry. Of the top gaming facilities in the United States, three are in the State of Minnesota.
Litigation Practices > White Collar Crime and Government Investigations