Background - Practices (Details)

White Collar & Regulatory Enforcement


Representative Engagements

  • Foreign Corrupt Practices Act. Conducted an internal investigation in Argentina and led the self-reporting to and negotiations with the SEC and DOJ on behalf of client Ralph Lauren Corporation concerning allegations of violation of the Foreign Corrupt Practices Act (FCPA). Successfully resolved the case through unprecedented non-prosecution agreements (NPA) with both the SEC and DOJ, including the first NPA provided by the SEC to an issuer in an FCPA matter.
  • Foreign Corrupt Practices Act. After a criminal trial lasting over five weeks in federal court, in one of the few Foreign Corrupt Practices Act (FCPA) cases to go to trial, we obtained a dismissal with prejudice of all charges against our client, including allegations of improper payments to government officials in Mexico, based on prosecutorial misconduct.
  • Securities Ponzi scheme. Successfully represented a professional accounting firm against charges that it had "reason to know" or "should have known" about an alleged Ponzi scheme to sell inadequately funded securities to investors. Obtained dismissal of the case in D.C. federal district court and the dismissal was affirmed on appeal to the D.C. Circuit.
  • Criminal bid-rigging. Represented the former president of a marine construction company accused of criminal bid-rigging. The court granted our Rule 29 motion and dismissed all charges at the close of the government's case after two weeks of trial in federal court in Texas.
  • Federal agency accusations. Secured a not guilty jury verdict, on all counts, in federal court in Florida for a transportation company accused of filing false reports with and withholding information from a federal agency.
  • Federal agency accusations. Represented a food company official accused of making false statements to a federal agency in connection with the largest food recall in US history. All charges were dismissed at the close of the government's case after four weeks of trial in federal court in Nebraska.
  • Conspiracy charges. Represented the vice president for quality assurance of a major pharmaceutical company, accused of conspiracy, obstruction and other charges, who was acquitted in federal court in Maryland after the company itself had pleaded guilty and paid a $10 million fine for the same conduct.
  • Collaboration with foreign governments. Successfully defended a US aerospace company in a grand jury investigation in Florida alleging collaboration with an Israeli Air Force general who stole millions in US aid funds. By contrast, our client's principal competitor pleaded guilty and paid $69 million in damages and fines.
  • Defective pricing. Represented a client that, after a three week bench trial, the court ruled in favor of on virtually every issue in a case based on defective pricing and awarded a judgment less than half that originally offered by the company in settlement of related non-fraud claims.
  • Amnesty agreements. Negotiated an amnesty agreement whereby the client company and its employees avoided any criminal charges associated with an alleged price fixing conspiracy; defending company in follow-on civil litigation.
  • False statements. Alleged false statements to a variety of federal agencies and investigators by the former Associate Attorney General of the United States (indictment dismissed on eve of trial in exchange for plea bargain highly favorable to defendant).
  • False statements. Alleged false statements to a federal agency concerning voluntary disclosure of transmission of potentially sensitive information to the People's Republic of China.