Our White Collar and Internal Investigations lawyers have advised and represented clients at every stage of criminal litigation, from the initial investigation and grand jury process through trial, sentencing, and appeal. We have extensive experience representing clients that face the complicated challenges presented by parallel criminal and civil litigation, as well as simultaneous action by the Department of Justice and other government agencies. We have litigated and handled matters that involve questions of both U.S. and international criminal law. Our White Collar lawyers have tried hundreds of criminal cases to juries in jurisdictions around the country.
The leaders of our White Collar and Internal Investigations Practice include lawyers with substantial government experience as prosecutors, public defenders, and independent counsel. We have represented corporations and individuals in a broad range of federal and state criminal matters involving allegations of:
- Violations of the Foreign Corrupt Practices Act
- Federal procurement fraud
- Perjury, false statements, and obstruction of justice
- Circumvention of the export control regulations
- Tax fraud and Klein conspiracies
- Public corruption -- including bribery, illegal gratuities, honest and faithful services fraud, and violations of conflict of interest laws
- Money laundering
- Espionage and foreign agent registration violations
- Health care fraud
- Federal election laws violations
- Antitrust violations
Many of our cases in these and other areas have involved allegations of conspiracy, wire and mail fraud, and RICO violations.
Given the stigma of being accused of criminal activity, many of our clients seek our early and rapid intervention to thwart investigations before they advance into public litigation. When cases have proceeded into the public forum, however, Miller & Chevalier has distinguished itself through its meticulous fact investigation and creative legal presentations.
Recent Representative White Collar Defense matters
Lawyers in the White Collar and Internal Investigations practice have represented or are representing a wide array of clients in defense matters, including the following:
- A former Outside Director and member of Enron's Audit and Finance Committees in the pending nationwide consolidated securities actions brought after the collapse of Enron;
- A large government contractor in a grand jury investigation of alleged fraud in connection with U.S. Army contract;
- One of the largest printing companies in Puerto Rico, and its majority owner, in connection with alleged ERISA fraud and other allegations;
- A central figure in the investigation and prosecution of Milberg Weiss and its lawyers, related to alleged misconduct in plaintiffs class action securities litigation;
- An individual facing criminal indictment in Washington, D.C. related to the probe of the activities of Jack Abramoff, the convicted lobbyist;
- A major U.S. government contractor in connection with allegations of violation of the Foreign Corrupt Practices Act (FCPA) in Asia and South America;
- The producer of the 60 Minutes story on President Bush's National Guard service in a 2005 CBS internal investigation;
- A high-ranking former official of a United Kingdom company in connection with allegations of overseas bribery;
- A former executive of an ocean freight shipping company in connection with a DOJ antitrust investigation;
- A nuclear engineer tried on charges of false statements and facing related matters before Atomic Safety and Licensing Board of the Nuclear Regulatory Commission in parallel administrative action;
- A leading elected Ukrainian official in connection with pre-trial detention, constitutional and international human rights issues, including possible proceedings in the European Court of Human Rights;
- A central figure in one of the largest criminal investigations of Iraqi contracting fraud;
- The former Vice President of one of Puerto Rico's largest banks, on appeal to the United States Court of Appeals for the First Circuit following his conviction of bank fraud and related allegations;
- Three foreign national former officials of a mining company in connection with a DOJ/SEC investigation into alleged bribery in South America; and
- A former executive of a large U.K. and U.S. defense contractor in connection with DOJ and SEC investigations of alleged violations of the FCPA.
Our White Collar and Internal Investigations practice often operates at the intersection of international business and domestic enforcement of U.S. laws. Lawyers in this practice have tremendous experience in investigations and fact-gathering around the world. Over the past three years, they have investigated matters in 22 different countries on five continents, including China, Russia, and several countries in Africa, Latin America, the Middle East and South East Asia. The Internal Investigations practice is well-integrated with the firm's International Department, and multi-disciplinary teams are often formed to conduct investigations under the Foreign Corrupt Practices Act and the Export Controls statutory and regulatory regimes.
Representative Internal Investigations
In addition, our lawyers are constantly engaged in internal investigations arising out of a host of situations, with a particular emphasis on FCPA and Export Controls matters, including the following:
- Assisted major multinational company with FCPA due diligence regarding a large acquisition, necessitating multi-disciplinary teams in simultaneous reviews worldwide, with eventual disclosure and successful resolution of discovered FCPA issues. Matter resolved within six months from disclosure to resolution, and deal successfully closed.
- Investigation in India on behalf of a company in the midst of being acquired; investigation focused on internal controls, government contracting, and tax issues that were identified as the deal was closing; investigation was completed to the satisfaction of the acquiring company; deal successfully closed.
- Investigation on behalf of large company in oil-related industry of customs processing corruption issues in Nigeria; team in country for full week reviewing documents and conducting interviews; matter resolved with disclosure to relevant government officials.
- Investigation into customs issues in Nigeria on behalf of company in matter that is not yet public; team in country for nearly a month conducting interviews, managing document review and production; matter ongoing.
- Investigation into alleged bribery of judicial officer in the Congo (Brazzaville) on behalf of multi-national company; matter ongoing.
- Investigation into invoice irregularities by vendor in Angola, possibly reflecting improper payments; matter ongoing.
- Investigation into alleged improper payments to official in Korea, allegedly made by subsidiary of major U.S. corporation; matter ongoing.
- Investigation into alleged improper payment to officials in Brazil allegedly made by subsidiary of major U.S. corporation; matter ongoing.
- Investigation into alleged improprieties of business agents dealing with government entities in Russia; matter successfully resolved with disclosure to government, but no sanction.
- Investigation into alleged improper payments to officials in Uzbekistan; matter ongoing.
- Investigation on behalf of large multinational health care company into possible violations of the Syria embargo.
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