Government Investigations & White Collar Crime

To protect our clients, the Government Investigations and White Collar Defense Team of Foulston Siefkin is prepared to negotiate pre-trial resolutions of charges filed by agencies such as the SEC and FDA and if necessary aggressively defend clients in litigation involved with Federal and State investigations involving the False Claims Act, Alien Tort Claims Act, The USA Patriot Act, theft of trade secrets, and private securities class action suits. We routinely represent the aerospace, health care, oil and gas, financial, higher education, government entities and public officials, and other industries in defending against investigations and prosecutions by government agencies and attorneys, such as the Department of Justice (DOJ) (both Washington, D.C. and the U.S. Attorney); the Federal Bureau of Investigation (FBI); various Offices of Inspector General (OIG); Defense Contract Administration Services (DCAS) and Defense Criminal Investigative Service (DCIS); the Environmental Protection Agency (EPA); the Federal Aviation Administration (FAA); and the Internal Revenue Service (IRS) (Special Agents).

Companies must also dedicate resources up front for compliance programs that will prevent problems from occurring. The Foulston Siefkin team can assess risks associated with investigations and provide counsel in order to create programs to prevent and detect internal misconduct that puts the company at risk for criminal prosecution. An effective compliance program to prevent as well as detect risky conduct may include senior-level involvement, specific standards and procedures, consistent enforcement, methods of reporting violations without fear of retribution, and modifications when violations occur.
Areas of Representation
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Abuse of Public Office
Alleged False Testimony before Congress
Anti-Kickback Statute
Antitrust Offenses
Bank Fraud
Bribery
Conflicts of Interest
Embezzlement
Environmental Offenses
False Claims Act
Foreign Corrupt Practices Act Violations
Fraud Involving Pharmaceuticals, Medical Devices & FDA Regulations
Health Care Fraud & Related Offenses
HUD Program Offenses
Impermissible Collusion on Pricing
Improper Political Contributions
Insider Trading
International Trade Violations
Mail/Wire Fraud
Manipulation/Securities Violations
Money Laundering
NCAA Violations
Obstruction of Justice
Official Misconduct
Procurement Fraud
Qui Tam (Whistleblower) Litigation
Securities Fraud
STARK Law Violations
Tax Fraud
Title IX and Clery Act Violations
Grand Jury Investigations
  • Creation of plan for collection and production of documents requested by Grand Jury
  • Analysis of information provided to Grand Jury
  • Representation of clients who are witnesses, rather than targets of investigations
  • Creation of strategies to prevent Indictment:
    • Investigation
    • Communication with prosecutors
    • Development of defenses to allegations being investigated
Government Investigations
  • Representation of clients who are witnesses, rather than targets of investigations
  • Advice to clients regarding execution of search warrants:
    • Development of strategy to protect rights of client and assure lawful compliance during execution of warrant
    • Creation and execution of plan to minimize disruption to client
  • Creation of strategies to prevent Indictment:
    • Investigation
    • Communication with prosecutors
    • Development of defenses to allegations being investigated
Compliance Counseling
Guidance to clients to develop and implement policies and practices to ensure compliance with legal requirements to reduce risks of prosecution.
Defense of Criminal Prosecutions
  • Conduct investigations
  • Communication with prosecutors
  • Successful resolution of case by agreement with prosecution, or
  • Preparation and filing of pre-trial motions to determine admissibility of prosecution’s evidence
  • Trial