- Our lawyers have served as prosecutors, government enforcement lawyers and defense counsel.
- We appear in state and federal court and numerous government regulatory agencies.
- We also assist clients with navigating through government investigations.
- January 24, 2018
White Collar Defense, Investigations and Corporate Compliance
Allegations of corporate wrongdoing require special treatment. Our actions need to be direct and we must be responsive to the requests of investigators while protecting the business interests of a company and its executives. Discretion is paramount. The best possible outcome is usually achieved by partnering with lawyers who have significant, front-line experience and an ability to determine the direction of an investigation.
The White Collar Defense, Investigations and Corporate Compliance Group includes lawyers who have practiced as prosecutors, government enforcement lawyers and defense counsel. Representations have included criminal defense in state and federal court and appearing before numerous government regulatory agencies, including the IRS and the SEC.
Members of our group have not only tried cases as defense counsel, but we have extensive experience in assisting clients to navigate through government investigations in order to avoid official action.
Guidance for Global Businesses
Corporations that operate internationally must comply with government regulations and understand the limitations placed upon them by both the United States government and other jurisdictions. As enforcement actions concerning bribery and public corruption increase, there is a clear need for the professional guidance that our lawyers can offer.
Members of our group are knowledgeable concerning these rules, including the United States Federal Corrupt Practices Act and the United Kingdom’s newly enacted Bribery Act.
Our group works with corporate clients to protect them against violations of these laws and to develop effective detection and investigation programs that demonstrate to governments the compliance with all applicable laws.
Foreign Corrupt Practices Act (FCPA) and Bribery
For years, United States corporations that conduct business abroad have been warned by lawyers and accounting firms about the focus of the federal government on its enforcement of the provisions of the Foreign Corrupt Practices Act (the FCPA). The FCPA targets payments to foreign government officials by certain defined individuals and entities for the purposes of obtaining or keeping business. Enforcement of the FCPA is not solely in the purview of the Department of Justice. For example, there have been settlements of charges jointly by the DOJ and the Securities and Exchange Commission. Now, business must also pay attention to statutes in effect in other jurisdiction, most notably, the United Kingdom.
Efforts to educate corporations on responsible corporate conduct have been directed at uncovering practices that could arguably be interpreted as bribery of foreign public officials. The FCPA also requires the proper maintenance of books and records of publicly traded corporations. Of course, education and awareness are only part of the mission that advisors can perform for their corporate clients. Equal attention must be paid to other important areas that are clearly influenced by the FCPA, including:
- Identifying risk areas where corporations that operate internationally should be attentive;
- Establishing FCPA compliance practices and procedures;
- Conducting internal investigations of corporations at the behest of management and its board of directors; and
- Performing due diligence examinations relating to business transactions that could implicate FCPA concerns.
Our experienced attorneys can advise organizations on how to comply with the principles articulated by the UK and that are clearly relevant to the FCPA. Our counseling includes offering assistance in developing programs that demonstrate a commitment to best corporate practices. Additionally, when the need arises, we can undertake to perform internal investigations that are conducted efficiently, but in a confidential, thorough and comprehensive manner.
Internal Investigations and Compliance
Our lawyers also have assisted public and privately held corporations to conduct internal investigations, evaluating allegations of internal fraud, misconduct and embezzlement. As a result, we have worked closely with our corporate clients to maintain high standards of corporate integrity.
We provide legal advice to corporate clients on how to establish and improve internal compliance practices. In this regard, we counsel clients on best practices to protect corporate secrets, preserve documents and other records and grow a culture of corporate responsibility.
- Represented the chief executive officer of a major corporation in a joint SEC and DOJ investigation concerning expense-related allegations
- Represented a public corporation in inquiries involving Medicaid billing and allegations of fraud
- Conducted an internal investigation for a public corporation concerning conflict of interest by one of its senior executives
- Represented a corporation in response to a Department of Justice industry-wide bribery investigation
- January 24, 2018
- February 1, 2017
- October 22, 2014
- August 27, 2012LegalNewsline.com
- Two White and Williams Lawyers Participating in American Bar Association's Business Bar Leaders ConferenceMay 10-11, 2012
- November 29, 2011
- May 2011
- New York State Bar Association Criminal Justice Section Spring Meeting (Bolton Landing, NY)May 5, 2018
- Association of Corporate Counsel, Westchester/Southern Connecticut ChapterOctober 23, 2012
- Pennsylvania Association of Community Bankers Human Resources Conference (Hershey, PA)May 17, 2012
- Global Positioning Systems: Key Evidence Rules the Practitioner EncountersNYSBA Criminal Justice Section Spring Meeting (Saratoga Springs, NY)May 4-6, 2012
- Investigation and Prosecution of Corruption: Financial Investigations and Link With Money Laundering CasesOrganisation for Economic Co-operation and Development (Kyiv, Ukraine)June 30, 2011
- January 2, 2018White Collar Defense, Investigations and Corporate Compliance Alert
- September 15, 2015White Collar Defense, Investigations and Corporate Compliance Alert
- Chadbourne & Parke v. Troice: Will the Supreme Court's Narrow Statutory Interpretation Open a Wide Door to Securities Lawsuits?April 3, 2014Westlaw Journal: Securities Litigation & Regulation
- December 26, 2013Westlaw Journal: Securities Litigation & Regulation
- January 15, 2013Managing White Collar Legal Issues (Chapter Four)
- United States v. Esquenazi: Will the Eleventh Circuit Clarify the FCPA's Use of "Instrumentality" and "Government Official"?August 2012LexisNexis® Emerging Issues Analysis
- March 12, 2012