White Collar, Compli ...

White Collar, Compliance & Government Investigations

EMPHASIZING CONFIDENTIALITY AND DISCRETION

Butler Snow’s attorneys handle all types of government (federal and state) investigations, government audits and civil fraud cases. We are committed to leveraging every resource to best serve clients who have become embroiled in investigations—as well as working to help clients avoid investigations altogether.

Our focus is on discretion and quick resolution. The fact-finding stage of an investigation before the case reaches indictment—and before it makes headlines—is critical. And, while early resolution is our focus, we never shy away from presenting an aggressive defense that holds the government to its every burden.

Our practice group includes numerous former federal prosecutors, including former U.S. Attorneys Jim Letten and Edward Stanton, as well as Amanda Barbour, a former state prosecutor. Together, our team has more than 100 years of Department of Justice (DOJ) experience, plus state prosecutorial proficiency. Because of this extensive government-related experience, there are few firms capable of matching our ability to address major government investigations.

We provide our clients with a thorough understanding of how the government develops a case and how we can identify and implement good strategies that work to our client’s advantage. We have also developed a strong network with law enforcement, based on our reputations and unparalleled experience, which facilitates credibility, trust and cooperation with investigators, when that is the appropriate course of action.

In some instances, clients believe they may have been the victim of a crime. For these clients, we have launched internal investigations or provided a prosecutorial referral to companies or individuals that suspect they have been the victims of fraud.

A spirit of collaboration

Different cases call for different responses, and we are not tethered to a particular approach. Because of Butler Snow’s unique emphasis on collaboration, our white-collar team has access to the entire firm’s talent base. We work in harmony with subject matter experts from other practice groups to ensure that exactly the right team is in place to provide focused, relevant, industry-savvy advice and strategies.

We believe that a corporate integrity team is the most efficient and effective method of providing businesses and individuals with attorneys who are experienced in all aspects of a specific issue, including criminal law, corporate integrity and compliance, fraud detection and corporate governance. Depending on the circumstances of the case, we augment those talents by adding relevant specialists from within the firm who regularly practice in labor and employment, healthcare, tax, securities, commercial and consumer, environmental, government contracting, and banking and finance.

Our goal is to ensure that resources are deployed in the most efficient and economical manner in service of our clients.

Our areas of expertise

Our attorneys have handled virtually everything from a major international fraud investigation to massive civil fraud litigation to simple subpoena requests. We have experience in all aspects of criminal and corporate compliance investigations, from the conduct of internal investigations to trial and appellate work, and parallel civil and criminal proceedings. And we are well experienced in responding to electronic discovery requests in the context of both criminal and administrative inquiries.

Here are just some areas of our practice:

  • Health care fraud
  • Foreign Corrupt Practices Act (FCPA)
  • False Claims Act
  • Controlled Substances Act
  • State and federal tax violations
  • Mail and wire fraud
  • RICO violations
  • Banking and finance violations
  • Bribery
  • Environmental violations
  • Money laundering
  • Obstruction of justice

We’ve worked with corporations that are under investigation by federal or state government officials for possible crimes or violations of the False Claims Act. We’ve also worked with hospitals, health care manufacturers, and clinics that are under investigation by federal or state officials for allegations related to the Controlled Substances Act, the False Claims Act or other civil or criminal violations. Additionally, we have increasingly worked with multinational corporations seeking to comply with the FCPA or that are under investigation for possible violations of that act.

Avoiding exposure

While we are skilled, discrete advocates for clients who are facing an investigation, our practice group also has the resources and experience to help companies and individuals avoid such exposure by developing and implementing effective compliance programs.

Highlights

  • Represented a Fortune 500 company being investigated by the U.S. Department of Justice and Homeland Security for fraud. In addition, the company faced a parallel investigation by a state Attorney General’s Office, was well as massive civil litigation. Following an extensive internal investigation, analyzing thousands of documents and dozens of witness interviews, the Butler Snow team was able to persuade both federal and state prosecutors that no charges should be brought against the company or any individual.
  • Represented a Fortune 100 company facing potential nine-figure False Claims Act exposure. Drawing on our federal law enforcement backgrounds and the subject matter expertise of our industry-expert civil litigators, we collaborated with the federal multiagency investigation in its early stages and quickly set up a meeting with investigators. Over the course of a full day, we educated investigators regarding industry practices and provided extensive details of the relevant transactions. As a result, our client was exonerated prior to any litigation.
  • Represented a corporation that received a target letter from the U.S. Department of Justice seeking $20 million. Following Butler Snow’s intervention, the government agreed that the case had no merit and closed the file without filing charges or a civil suit.
  • Represented a multinational corporation that received extensive federal grand jury subpoenas for records requiring swift response to the United Attorney’s Office and both efficient internal records searches and staged production. Our efforts simultaneously satisfied the government’s requirements and avoided an unnecessary and potentially debilitating interruption of business functions, protecting the company from serious legal and economic harm.
  • Conducted discrete, but effective, internal investigations for financial institutions to detect fraud by employees. Then we successfully coordinated with federal law enforcement to ensure apprehension of the offenders, thus protecting bank assets.
  • Coordinated private civil recovery actions, with federal and state law enforcement response, in support of a non-profit organization that was the victim of fraud.
  • Established mission-critical FCPA compliance programs for companies that operate in whole or in part in foreign countries, and conducted FCPA due diligence for the sale or purchase of such companies.