White Collar Litigation + Investigations

Health Care/Health Sciences

• Represented a leading pharmaceutical manufacturer in criminal and civil investigations by a U.S. Attorney’s office relating to the manufacturing quality of certain products and whether the company complied with current Good Manufacturing Practices (cGMPs), following highly publicized product recalls and national media attention.
• Obtained a declination of prosecution by a U.S. Attorney’s office of a leading health insurance company following an investigation into its billing practices related to Medicare regulations.
• Represented a major global pharmaceutical company against claims brought by a corporate subsidiary of a limited liability company formed by investors and former Wall Street investment bankers solely to serve as a qui tam The complaints alleged that defendant pharmaceutical manufacturers and third-party vendors provided illegal kickbacks in the form of free nursing services and free reimbursement support to health care providers and patients. The Department of Justice has moved to dismiss these complaints.
• Represented one of the largest pharmaceutical and medical device distributors in the U.S. in a DOJ investigation and related whistleblower cases concerning alleged violations of the Anti-Kickback Statute and False Claims Act. Resolved the matter through a settlement.
• Represented an orphan drug company in a DOJ investigation concerning alleged violations of the Anti-Kickback Statute; False Claims Act; and Food, Drug, and Cosmetic Act.
• Represented a large healthcare company in a state attorney general investigation into a whistleblower’s False Claims Act allegations with no action taken by the state.

Bribery/Anti-Corruption

• Represented a military contractor under investigation by DOJ and the U.S. Army Criminal Investigation Division for bribery and honest services fraud over millions of dollars in U.S. Army security contracts.
• Represented the spouse and children of a U.A.E. government official in DOJ’s Malaysia Development Berhad (1MDB) forfeiture litigation, described by DOJ as the largest civil forfeiture action in U.S. history.

Environmental

• Represented a publicly traded company in the energy industry in an EPA investigation into alleged Clean Water Act violations.

Internal Investigations

• Represented a publicly traded company in an internal investigation and in parallel DOJ and SEC investigations into allegations of securities and accounting fraud.
• Conducted an internal investigation on behalf of an international defense and aerospace company related to allegations of improper payments to procurement officials in certain countries. We also are representing this client before the U.S. Department of Justice in connection with this matter.
• Represented a large finance company in an internal investigation involving allegations of embezzlement and fraud.
• Supervised an internal investigation for a pharmaceutical company on an international data security issue involving alleged infiltration of company data by Russian organized crime, and helped implement revisions to the company’s compliance program.
• Represented the Special Committee of the Board of Directors of a publicly traded company in an internal investigation into alleged misconduct by the company’s chief executive officer.
• Conducted internal investigation on behalf of a public health care company upon the executive’s indictment for criminal securities fraud.
• Performed internal investigation into potential FCPA violations arising from dealings between drilling company’s international agent and Kuwaiti customs officials.
• Led an independent investigation into sexual misconduct at The Hotchkiss School, an elite Connecticut boarding school.

Financial Reporting + Other Financial Fraud

• Represented the then-10th largest mortgage lender in the U.S. in parallel civil and criminal investigations by the DOJ, SEC, and numerous other agencies and authorities involving wide-ranging allegations of securities, accounting, and bank fraud.
• Represented former bank officers and directors in SEC, FDIC, and FINRA investigations involving allegations of financial mismanagement, fiduciary duty violations, securities violations, insider dealing, and insider trading.
• Represented the controller at a Boston-based father-son hedge fund under SEC Enforcement investigation for its pre-inception performance records. Investigation of the long-serving controller terminated with no charges brought against her.

Monitorships

• Guiding a medical device company through a multiyear federal monitorship related to a kickback scheme. Our engagement includes preparing every aspect of the company and its employees for interaction with, and inspection by, the monitor team and we serve as counsel to the company on all matters related to the monitorship. We previously negotiated a civil and criminal global resolution with the DOJ Fraud Section, the U.S. Attorney’s Office, all 50 states, OIG, and the relator in a high-profile whistleblower case involving alleged violations of the U.S. Anti-Kickback Statute, the False Claims Act, the Foreign Corrupt Practices Act, and the Food, Drug and Cosmetics Act. As part of the resolution, which included deferred prosecution agreements and a corporate integrity agreement, a monitor was appointed under the DPAs.
• Advising a pharmaceutical company on preparations for a corporate monitorship under a deferred prosecution agreement for violations of the Foreign Corrupt Practices Act. Our engagement includes advising the company on best practices for corporate compliance to ensure compliance with the FCPA and conducting internal investigations where necessary.