White Collar Defense and Internal Investigations

Companies and individuals across a broad spectrum of industries are facing increasing legal scrutiny by federal and state prosecutors of their business operations.

Government investigations—whether criminal, civil, or administrative—pose substantial and, at times, existential risks to businesses in highly regulated industries.

The attorneys in our White Collar Defense and Internal Investigations Group have the skills and experience to help clients successfully navigate complex, high-stakes investigations. In many cases, our white collar crime attorneys have convinced the government to close an investigation without taking enforcement action. In situations where charges cannot be avoided, our attorneys, leveraging their deep trial experience, are ideally positioned to provide our clients with an effective and innovative defense, from grand jury proceedings through trial and appeal.

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Our white collar crime lawyers represent clients at every stage of the investigation and enforcement process—from grand jury or HIPAA subpoenas and civil investigative demands (CIDs) through trials and appeals, in both federal and state court. Our group routinely draws on the talents of our Health Care & Life Sciences; Employment, Labor & Workforce Management; and Litigation & Business Disputes practices when responding to investigations. This multidisciplinary approach ensures that our clients have access to a defense team that (i) begins each representation with an understanding of a client’s business and (ii) is well positioned to provide government investigators with a business context that often makes a difference in how a matter is resolved.

In the early stages of every investigation, we work hard to avoid an unfavorable charging decision. From the outset, our white collar crime attorneys have credibility with government investigators and prosecutors because the government recognizes our ability to obtain favorable results for clients through litigation and at trial.

We routinely conduct internal investigations on behalf of companies, boards of directors, and their committees, in all kinds of industries with an eye to being practical, thoughtful, and effective in isolating issues and advising on risk.

In addition to matters with the U.S. Department of Justice (DOJ), state attorneys general, and federal and state governmental agencies, we handle collateral enforcement litigation, including proceedings with:

• the Federal Trade Commission,
• the Financial Industry Regulatory Authority,
• the U.S. Food and Drug Administration,
• the U.S. Drug Enforcement Administration,
• the U.S. Department of Health and Human Services and its Office of Inspector General,
• the Department of Homeland Security,
• the Internal Revenue Service,
• the U.S. Securities and Exchange Commission, and
• state and federal professional disciplinary authorities.

Epstein Becker Green’s white collar litigators include the former head of DOJ’s Civil Division, who later served as acting Attorney General of the United States, as well as former Assistant U.S. Attorneys from multiple U.S. Attorney’s Offices, former DOJ Trial Attorneys and state prosecutors, and seasoned criminal defense attorneys who have successfully represented clients in a range of cases.

Range of White Collar Defense Matters We Handle

We offer comprehensive legal support for clients in the following areas:

• White collar criminal and fraud defense matters
• Paycheck Protection Program, Provider Relief Fund, and other CARES Act and COVID-19 funding-related compliance matters
• False Claims Act (FCA) defense in health care, life sciences, and government contracts and grants
• Internal corporate investigations, including workplace culture and sexual harassment investigations
• Individual and corporate criminal defense matters involving:
  • antitrust violations, including no-poach and bid-rigging;
  • asset forfeiture;
  • bank fraud;
  • customs and export control violations;
  • cryptocurrency;
  • dietary supplement fraud;
  • embezzlement;
  • environmental violations;
  • the Foreign Corrupt Practices Act;
  • government contracting and grants;
  • health care fraud, including qui tam cases involving allegations of billing fraud, worthless services, FCA violations, and Stark Law and Anti-Kickback Statute violations;
  • immigration;
  • money laundering;
  • public corruption;
  • securities fraud;
  • tax fraud; and
  • violations of the Federal Food, Drug, and Cosmetic Act and related statutes

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