WHITE COLLAR LITIGATION AND INVESTIGATIONS

FisherBroyles’ White Collar group aggressively defends corporations and their executives, public officials and individuals in a variety of federal and state prosecutions. Our highly experienced litigators regularly conduct and advise clients with respect to internal investigations involving suspected violations of anti-corruption laws.

We cover every phase of corporate compliance and regulatory enforcement in key areas, such as anti-money-laundering and anti-corruption, including the Foreign Corrupt Practices Act (FCPA), UK Bribery Act, False Claims Act (FCA), Bank Secrecy Act (BSA) and Office of Foreign Assets Control (OFAC) statutes and regulations. We often handle matters involving parallel criminal and regulatory investigations, as well as related civil litigation. As regulatory oversight becomes increasingly complex, our lawyers are skilled in representing the interests of clients across multiple jurisdictions and regularly collaborate with our alliance partners to provide cost-effective representation on a global basis.

Specialty Areas of Practice:

  • Anti-Money Laundering – Defense of banks and financial institutions for alleged violations of the Bank Secrecy Act (BSA). We routinely advise banks on “know your customer” requirements under the US Patriot Act and assist with conducting due diligence on new and existing customer relationships.
  • Antitrust – Representation of clients in government investigations, regulatory proceedings and agency litigation concerning both competition law and consumer protection issues. Our lawyers are adept in handling antitrust cases from class actions to disputes between two competitors.
  • Foreign Corrupt Practices Act – Representation of clients in DOJ and SEC investigations alleging violations of the FCPA. Our lawyers assist clients with internal investigations to ensure they are compliant with government regulations and to reduce incidents of criminal activities and wrongful conduct by employees.
  • Forfeiture – Defense of corporations and individuals in the criminal or civil forfeiture of assets.       Our lawyers are experienced in litigating to protect and recover assets in forfeiture proceedings.
  • Health Care Fraud – Defense of physicians, pharmacies and pharmacists, skilled nursing facilities, home health agencies, hospice facilities and hospitals in a range of regulatory and litigation matters that include False Claims Act (FCA), Anti-Kickback Statute, Controlled Substances Act, HIPAA HITECH and qui tam actions.
  • Procurement Fraud – Defense of government contractors in state and federal proceedings involving alleged violations of the False Claims Act (FCA) and other contract related violations.
  • Qui Tam Defense – Representation of clients in every phase of qui tam proceedings under the False Claims Act (FCA). Our lawyers have experience in whistleblower cases involving health care fraud, government contracts, federal grants and military contractors.
  • Securities Fraud – Defense of companies, officers and directors, professional services providers, financial institutions, securities firms and their personnel in investigative and enforcement actions by the SEC, DOJ and other governmental agencies.       Our representation includes matters involving financial accounting fraud, stock manipulation and stock option backdating, insider trading, insider lending, disclosure fraud and bank fraud.
  • Tax Controversy – Defense of companies and individuals in state and federal investigations involving allegations of tax fraud and evasion. Our lawyers have in-depth experience in defending actions from audit stage through administrative appeals and litigation. We are adept in navigating investigations that may arise in conjunction with allegations of other crimes, including antitrust violations, securities violations, money laundering and RICO violations.

Representative Matters:

  • Successfully defended Brazilian manufacturer in an industry wide antitrust investigation headed up by United States Department of Justice.
  • Defended a physician named as a co-defendant in a Qui Tam/ False Claim suit brought by co-defendant’s former employee. The Department of Justice intervened and after aggressive motions and discovery, the client participated in a settlement agreement that excluded the client from any financial participation.
  • Persuaded the Department of Justice not to intervene in a qui tam / False Claims Act suit involving a physician’s group and three principal physicians brought by a co-defendant’s former employee. As a result of an aggressive, trial ready defense, the whistleblower dismissed the clients from the lawsuit with prejudice.
  • Represented pharmacies in False Claims Act cases commenced by Pharmacy Benefits Managers and the Department of Defense over Tricare payments.
  • Defended a manufacturer of cement and concrete products used in highway project in an investigation by the Department of Justice, alleging a False Claims Act violation regarding invoice submitted to the U.S. Department of Transportation in violation of the American Recovery Act.
  • Represented a Fortune 500 drug store chain in the defense of a False Claims Act pursued by the Office of the Inspector General and the Department of Justice, alleging the company had violated the False Claims Act by employing a pharmacist who was on the OIG excluded list. A forensic document analysis revealed the pharmacist in question was a placement employee of a third-party company. Both government entities dismissed the investigation and declined to pursue further action against the client.
  • Represented an independent pharmacy in a seizure and forfeiture action brought by the Drug Enforcement Agency and the U.S. Attorney for the Eastern District of Michigan in two separate searches and seizures of pharmacy operations and related bank accounts. As a result of an aggressive discovery and deposition strategy, the client’s property was returned.
  • Represented a U.S. based company in a Foreign Agent Registration Act (FARA) investigation by the Department of Justice, National Security Division, alleging the entity was under the control of a foreign official or state. After complying with a subpoena, it was established that the client was not subject to FARA and could continue to operate as an established U.S. owned company.
  • Successfully defended taxpayers’ claim alleging arbitrary and capricious action under the Administrative Procedures Act against the Internal Revenue Service’s Motion for Dismissal and obtained a successful settlement regarding Freedom of Information Act request which included attorney fees.
  • Defended an individual named as a co-defendant in a securities fraud class action in the United States District Court of Utah resulting in the District Court denying class certification and limiting damages.
  • Defended a telecommunications provider in an investigation by the Federal Communications Commission (FCC) and Department of Justice in allegations of fraud regarding the Lifeline Program.
  • Advised a global mining company on third-party due diligence and conducted management employee and agent database training for the client’s global operations.
  • Defended a former COO in multi-district parallel proceedings involving $1.9 billon in securities fraud.
  • Obtained dismissal of securities fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) complaint filed against a promoter in U.S. District Court in Utah.
  • Persuaded the U.S. Securities and Exchange Commission (SEC) Utah office to decline proceeding on securities fraud claims against a company and its officers.
  • Defended a COO in a $2.9 billon criminal private securities fraud indictment and trial.
  • Defended a former CEO and President in parallel proceedings involving numerous civil suits and federal investigation into securities fraud, international money laundering and tax evasion.
  • Avoided prosecution through non-prosecution agreement for a securities company and its founder in Virginia.
  • Granted dismissal of complaint against four defendants in an alleged securities fraud matter in a Nevada state court.
  • Avoided prosecution for a securities company in a multi-state federal task force investigation related to honest services fraud and bribery allegations.
  • Obtained dismissal of a civil complaint alleging securities fraud and RICO complaint against the founder of an international beverage company in Florida.
  • Represented a client in a Federal Corrupt Practices Act (FCPA) investigation where they received information that the company’s raw material broker was possibly involved in kickbacks from suppliers located in Central and South America.
  • Obtained dismissal in a civil action commenced based upon U.S. Food and Drug Administration (FDA) violations in Colorado.
  • Persuaded the U.S. Attorney’s Office not to intervene in False Claims Act (FCA) complaint in Georgia.
  • Successfully negotiated non-prosecution agreement for a payroll account manager in U.S. District Court in New Jersey.
  • Obtained Differed Prosecution Agreement for a Director of Operations of a mobile dental lab in multi-state federal and state Medicaid fraud prosecution.
  • Defended numerous businesses in tax fraud investigations. Avoided felony prosecution for Chief of Staff of state governmental office in bribery and political campaign investigation.
  • Acquired dismissal of 56-count indictment of the spouse of a CEO, who included her as Secretary of the corporation.