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White Collar Defense


Government investigations and enforcement actions involving criminal and civil violations have increased substantially in the last several years. The intensified federal criminal enforcement environment, particularly in the areas of finance, securities, government contracts, health care, technology exports, and international mergers and acquisitions, have forced companies to evaluate their internal controls and establish new compliance procedures. The White Collar Defense Practice of Foley is comprised of former federal prosecutors and federal agency law enforcement personnel who are experienced in representing companies and individuals in government enforcement and regulatory matters.

Your Best Defense — Credible and Experienced Counsel
When clients come under enforcement or regulatory scrutiny, Foley works closely with them to obtain the best possible results. We have effectively and efficiently represented many corporate and individual clients from the start of a government investigation through informal inquiry, pre-indictment, grand jury, jury trial, and any subsequent enforcement proceedings.

Our clients are skillfully counseled and aggressively represented by our team of nationally respected attorneys. The majority of the partners in our White Collar Defense Practice previously served in the agencies that enforce the laws and regulations governing domestic and international business practices today. Our practice members include:

  • Former federal prosecutors and United States Department of Justice (DOJ) staff attorneys
  • Former U.S. Securities and Exchange Commission (SEC) enforcement staff
  • A former export controls regulatory official
  • A former environmental regulator
  • A former compliance and ethics officer for a Fortune 10 company
  • A former trade compliance counselor for a Fortune 5 company

Among our recent accomplishments, members of the White Collar Defense Practice have:

  • Successfully represented a public company in a DOJ Foreign Corrupt Practices Act (FCPA) Advisory Opinion Procedure
  • Conducted numerous corporate internal investigations around the world involving fraud, corruption, and other financial misconduct
  • Effectively represented an international medical equipment manufacturer in one of the DOJ's largest health care fraud investigations
  • Successfully defended an in-house attorney charged in a federal health care billing fraud jury trial
  • Effectively represented numerous U.S. and international companies before the U.S. Department of Commerce, the United States Department of the Treasury, the U.S. Department of State, and other relevant agencies on civil and criminal export controls and trade sanctions regulatory matters
  • Represented U.S. companies in compliance audits involving the USA PATRIOT Act anti-money laundering compliance requirements
  • Represented defendants in criminal antitrust enforcement actions
  • Effectively represented U.S. and international companies in procurement fraud debarment proceedings before the World Bank Group's Sanctions Committee
  • Represented the chief financial officer of a major multinational company in SEC enforcement proceedings under the FCPA
  • Conducted FCPA and anti-bribery due diligence for an acquisition in Lagos, Nigeria
  • Conducted an internal investigation on export controls issues involving a French company, a U.S. company, and countries under U.S. embargoes
  • Successfully represented a U.S. company before the Office of Foreign Assets Control (OFAC) in connection with exports to Iran
  • Represented an audit committee in a whistle blower matter alleging accounting irregularities and CEO improper influence
  • Represented the Republican National Committee in DOJ, grand jury, and congressional proceedings relating to campaign finance
  • While in the government, supervised some of the SEC's most significant financial fraud and disclosure cases, including those against MicroStrategy and Sony as well as several civil FCPA cases, including those against Triton Energy and Chiquita Brands

The White Collar Defense Practice also is currently engaged in the following representations, many involving significant government enforcement investigations and matters:

  • Major League Baseball steroid investigation
  • Representation of corporations, officers, directors, audit committees, accountants, and lawyers in connection with financial reporting crises and resulting governmental inquiries affecting some of the largest public companies in the United States and overseas
  • Senate Permanent Subcommittee on Investigations anti-money laundering and tax evasion inquiry of U.S. citizen offshore investments
  • Representation of U.S. public company before the SEC and DOJ on FCPA internal review issues
  • FCPA due diligence reviews for non-U.S. company acquisitions in Nigeria and Ghana
  • Development of anti-bribery and export controls compliance procedures for U.S. and non-U.S. companies





Highlights


Contacts
Pamela L. Johnston
Chair


Michael P. Matthews
Vice Chair


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