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Government Investigations and White Collar Defense

Government Investigations and White Collar Defense

The stakes are extremely high for corporate misconduct and reputational harm. Companies require highly qualified, experienced counsel to respond to government allegations that present a serious threat. Companies facing investigation by a government law enforcement or regulatory agency must be able in the earliest hours to identify issues and risks, contain liability, and make strategic decisions about response, communications and planning.

Spencer Fane attorneys have represented companies and individuals throughout complicated investigations. Our attorneys have been successful in negotiating the closure of investigations and have vigorously defended our clients through trial in state and federal courts. We have represented corporate leadership, high-level managers and rank and file employees, in a variety of industries including the health care, manufacturing, financial services, public utility and food services sectors.

Our experience includes:

  • Conducting cost-efficient internal investigations
  • Developing comprehensive corporate compliance programs
  • Providing compliance and investigation response training
  • Pre-indictment representation
  • Defending criminal and civil charges at trial
  • Negotiating settlements of criminal and civil charges

Government Investigations

We have significant experience representing clients subject to regulatory oversight and in civil and criminal enforcement actions. Our experience is with federal investigative agencies including the Federal Bureau of Investigation, the Department of Health and Human Services, the U.S. Secret Service, the Internal Revenue Service, the Occupational Health and Safety Administration, the Federal Trade Commission, the Drug Enforcement Administration, the Consumer Financial Protection Bureau, and the Department of Homeland Security, among others.  Our attorneys regularly deal with United States Attorneys’ Offices across the country, as well as the Department of Justice in Washington, D.C. We bring substantial experience in responding to allegations of:

  • Bank/mail/wire fraud
  • Healthcare fraud – STARK and anti-kickback charges
  • Controlled substances and pharmaceutical fraud investigations
  • Trade secrets theft
  • State merchandising practices act/consumer protection act violations
  • Bribery and kickback charges
  • Racketeer Influenced and Corrupt Organizations (RICO) allegations
  • Whistleblower and qui tam actions related to the False Claims Act and the Dodd-Frank Act investigations

White Collar Criminal Defense

The blurred line between regulatory or civil actions and criminal investigations means that companies, their boards, leadership and individuals are under a microscope and, more than ever, a target for law enforcement and prosecutors. Companies must control and direct their response to all government interactions, whether they be “purely regulatory” or enforcement based from the beginning.

The Spencer Fane White Collar Criminal Defense practice has deep experience in successfully representing companies and individuals at every stage of the enforcement process – the first contact with a law enforcement agent, to grand jury investigations, criminal trials and appellate practice. With a team that includes former federal and state prosecutors, our attorneys understand the government’s approach, tactics, strategy and mindset.

Spencer Fane attorneys represent clients at the following points:

  • Initial contact with government agents
  • Subpoena and/or search warrant response
  • Grand jury investigations
  • Federal and state criminal trials

Our attorneys have represented companies and individuals accused of criminal misconduct including in the following kinds of cases:

  • Accounting fraud
  • Sherman Antitrust
  • Criminal trade secret violations
  • Computer and intellectual property crimes
  • Environmental violations and regulatory compliance
  • False Claims Act
  • Financial institution and mortgage fraud
  • Foreign Corrupt Practices Act
  • Healthcare fraud and abuse
  • Insurance fraud
  • Mail and wire fraud
  • Money laundering and Bank Secrecy Act
  • Public corruption and Racketeer Influenced and Corrupt Organizations Act
  • Securities fraud and insider trading
  • Criminal tax offenses