White Collar Defense

Government investigations - and criminal investigations in particular - raise a number of urgent concerns for corporations, non-profit organizations and individuals. We regularly counsel clients who are subpoenaed to testify before federal and state grand juries. We help clients respond to document subpoenas and search warrants, as well as less formal requests for information by government investigators, such as interviews and requests to inspect facilities. We ensure that our clients’ rights are protected throughout the process, while tailoring our approach to the specific needs of each unique situation. We have regular dialogue and contact with law enforcement officials who conduct white collar investigations. We routinely interact with federal Special Agents from the FBI, IRS, DOD, EPA and HHS as well as prosecutors from various United States Attorneys offices, the Public Integrity, Environmental Crimes, Tax and Anti-Trust Divisions of the U.S. Justice Department, the Alabama Attorney General’s Office and the Alabama Securities Commission.

When our clients face potential criminal exposure, we help them assess and develop strategies for minimizing criminal liability. Many of our most successful representations result in decisions not to indict and generate no adverse publicity. Often, such highly favorable outcomes occur when we were involved at the earliest possible stage. We advocate our clients’ positions before relevant law enforcement agencies and negotiate with prosecutors on their behalf. When indictment cannot be avoided, or has already occurred, we vigorously represent our clients at trial. Where sentencing becomes an issue, we navigate the complex Federal Sentencing Guidelines and surrounding case law, to minimize our clients’ ultimate sentence.

Our attorneys have represented high ranking officials in widely publicized bribery and public corruption investigations, business owners accused of income tax evasion, conspiracy, mail and wire fraud, and other federal offenses and individuals and businesses facing criminal securities fraud charges. In addition, we have handled criminal cases alleging violations of the federal Food and Drug Act, health care fraud and environmental crimes.

White collar criminal matters are frequently accompanied by parallel proceedings, such as shareholder suits and other private civil actions, congressional investigations, suspension and debarment proceedings, qui tam cases under the False Claims Act, forfeitures, IRS actions, and other civil and administrative enforcement actions. In such matters, actions taken in one proceeding can have profound ramifications in another. We regularly represent clients in these related matters, often simultaneously. Our experience with the criminal process and these related matters allows us to take a global approach to representing our clients who are facing parallel proceedings.

A prompt and thorough internal investigation is often crucial in defending allegations of criminal and regulatory misconduct. Conducting such an investigation before government intervention, or before the completion of a government investigation, can have a significant influence on the government’s approach to a case. It can result in a decision not to bring charges or in a disposition that is acceptable to the client. We help businesses investigate wrongdoing within the company and develop strategies for use of the information that we uncover. We regularly help our clients to develop programs to comply with criminal laws and prepare compliance manuals to avoid, or at least minimize, any future criminal exposure.
 

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