Government Investigations Defense and Resolution
Our White Collar group has extensive experience representing individual and corporate defendants facing potential liability under laws such as the False Claims Act (FCA), the Foreign Corrupt Practices Act (FCPA), the Anti-Kickback Act, and other white collar statutes and regulations. The leader of Smith Pachter McWhorter’s White Collar practice, Joseph P. Covington, has over 35 years’ expertise in this area, including serving as the head of DOJ’s FCPA prosecution unit. Our White Collar attorneys also have investigated and litigated numerous FCA cases, implementing strategies to resolve these cases successfully at the earliest possible stages. We pride ourselves on our ability to assess the litigation risk of large, complex white collar matters realistically, then balance a vigorous defense with effective cooperation with investigating authorities in order to arrive at a swift, cost-effective resolution that will protect client interests. We also understand that the investigatory costs associated with defending this type of action often rise quickly, and we therefore work with clients to manage and control these costs. Representative government investigation engagements handled by our White Collar team include:
- Representing a Fortune 500 defense contractor in connection with subpoena response related to alleged FCA violations, including interfacing with Army investigators and responsible DOJ attorneys; the matter was closed without prosecution of the company.
- Internal investigation for a multinational defense industry company regarding entertainment of foreign officials, followed by representation of company in disclosures to the State Department, DOJ and SEC.
- Representing a Fortune 500 defense industry company in an antitrust investigation involving alleged collusion between the company and one of its suppliers; the matter was closed without prosecution by the Department of Justice.
- Internal investigation for a major defense industry company regarding potential violations of the Anti-Kickback Act, followed by disclosure under the FAR mandatory disclosure rules and resolution after a government investigation without enforcement action by the civil division of the Department of Justice.
- Internal investigation (conducted in Spanish) for a Fortune 100 company regarding potential violations of the False Claims Act with respect to product testing at an international manufacturing facility, followed by disclosure under the FAR mandatory disclosure rules and resolution without enforcement action.
- Internal investigation (conducted in Spanish) and voluntary disclosure related to an FCPA matter arising in Bolivia, including a redesign of the company’s compliance program and guidance on disciplinary steps. The matter was resolved with both DOJ and SEC without enforcement action.