White Collar Defense, Investigations & Compliance

Our White Collar group is recognized for its exceptional record on behalf of individuals and organizations that are involved in government investigations and enforcement actions. At the onset of cases, we have been successful in convincing the Department of Justice, U.S. Attorneys’ offices, and other federal, state, and local agencies to decline or dismiss charges. We also routinely beat the odds by obtaining indictment dismissals, trial and appellate victories, and other favorable resolutions, including deferred prosecution agreements, for our clients. We win our cases because we are experienced and highly skilled trial lawyers, former government prosecutors, and, most importantly, individuals who are deeply committed to achieving the best possible result for our clients.

Our team has served in varying levels of government, including as Assistant U.S. Attorneys across the country, state, and special prosecutors, and a state circuit court judge. Members of our team also have held high-ranking positions in the White House Counsel’s office and the office of the Mayor of Chicago. Our team also includes former executives, general counsel, and a chief compliance officer of global public companies. As a result of our experience, clients trust us to handle their most significant and sensitive matters.

Government Investigations

We handle all aspects of government enforcement actions, including responding to search warrants, civil and criminal subpoenas, Civil Investigative Demands, and Wells notices. We also represent witnesses and defend clients in grand jury investigations, regulatory actions, and qui tam cases. We are successful in obtaining favorable results for our clients, often in the early stages of an investigation, because we know how to find the weaknesses in the government’s cases and use those weaknesses to effectively negotiate a favorable resolution with government counsel.

We also frequently handle parallel or independent investigations by the Securities Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Financial Industry Regulatory Authority (FINRA), the Department of Health and Human Services Office of Inspector General (HHS/OIG), state attorneys general offices, congressional oversight committees, the District Attorney New York office (DANY), and other state and federal regulatory agencies. Our familiarity with these agencies’ procedures enables us to help clients effectively navigate through the complexities of these investigations.

We have a deep bench of experience and a proven track record of successful results in cases involving:

• Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws
• False Claims Act (FCA) and related whistleblower litigation
• Securities and commodities fraud, including insider trading
• Health care fraud, including the Anti-Kickback Statute and the Stark statutes
• Bank Secrecy Act and anti-money laundering
• National security, export control, and international trade investigations
• Racketeer Influenced and Corrupt Organizations Act (RICO)
• Bribery and corruption
• National Emission Standards for Hazardous Air Pollutants (NESHAP) and other environmental matters
• Antitrust violations, including bid rigging and price fixing
• Fraud, including wire fraud, bank fraud, securities and commodities fraud, tax fraud, telemarketing fraud, embezzlement, Small Business Administration (SBA) fraud, cryptocurrency fraud, accounting irregularities, and bankruptcy fraud
• Theft of trade secrets and economic espionage
• Data privacy breaches and ransomware attacks, including by nation-state actors, rivals and competitors, or individuals.

And even as we devote all our skills and experience to resolving cases as soon as possible, we go to trial when necessary. The government knows us as highly effective courtroom advocates. Collectively, we have tried more than 200 cases, over half of which were criminal cases, before state and federal juries.

Internal Investigations

Our clients often call on us to conduct confidential internal investigations when faced with whistleblower allegations or related compliance concerns. We help our clients consider appropriate and proportionate responses, either partnering with them to perform an investigation or performing an independent investigation ourselves. We work to ensure investigations remain narrowly focused, get to the bottom of the facts, avoid disrupting the business and upsetting employees, maintain confidentiality and privilege, and preserve the reputation of potentially involved and valued employees. We also counsel clients through the complicated decision of whether voluntary disclosure to the government is advisable or even necessary.

Compliance Program Assessments and Counseling

In the course of government investigations, our clients frequently ask us to evaluate their domestic and global compliance programs to determine whether they would survive government scrutiny. In some cases, these are requests to help enhance compliance programs and assist in favorable resolution or avoid a monitor. Sometimes these are to assist the board of directors in fulfilling their responsibilities under a Corporate Integrity Agreement with HHS/OIG. And sometimes they are to help boards and management teams obtain an objective view of their strengths and opportunities for enhancement. Whatever the posture, we bring our collective public and private experience to bear in reaching practical, reasonable results tailored to the realities of each of our distinctive clients. Read more about our Compliance Program, Counseling, Design, and Assessments here.

Monitorships

We have served as and are often considered for monitorships, trusteeships, and similar roles following the resolution of serious government enforcement actions, including securities fraud, health care fraud, and FCPA matters.

Continued Public Service

We remain committed to public service, including representing wrongfully convicted individuals in obtaining reversals of their convictions, serving as independent investigators or special prosecutors, and helping indigent clients in pro bono matters. Our attorneys’ efforts, for example, have led to the release from prison of eight wrongfully convicted individuals.