Protecting Our Clients' Interests in White Collar Criminal Cases
Anyone interacting with the criminal justice system in a white collar matter – whether as the target of an investigation, as a grand jury or other witness, or as a victim – should have knowledgeable attorneys by their side to guide them through this unique process. We have years of experience handling white collar criminal matters from all angles.
White Collar Criminal Defense Services
Defense of White Collar Criminal Investigations and Prosecutions
When law enforcement officers from agencies like the FBI, the IRS, the Postal Inspection Service, or an Inspector General’s office investigate someone for potential violations of federal criminal law, the stakes could not be higher. Engaging experienced counsel at the earliest time possible can make the difference between being the target of a criminal case or avoiding prosecution. We know how to handle white collar criminal investigations to maximize the chances for a favorable outcome. And when prosecution cannot be avoided, we are well-versed in negotiating favorable plea agreements and have experience taking cases to trial.
Representation of Witnesses, Including Persons and Entities Receiving Grand Jury and Other Subpoenas
“He’s just a witness, he’ll be fine.” “It’s just a subpoena, she has nothing to worry about.” Oftentimes those words are true . . . but sometimes they’re not. When someone comes into contact with the criminal justice system in a white collar matter, they need counsel to protect their rights and their interests. We regularly advise witnesses and those served with subpoenas in discharging their legal obligations without unknowingly worsening their situations by how they respond. If a client receives a subpoena for records, for example, we carefully examine the subpoena and determine whether it is enforceable and/or whether the breadth and scope of the documents demanded can and should be narrowed. And if the right answer for a client is to not cooperate with the government, we can help guide the client into taking that position in a proper and legal manner.
Serving as Pool Counsel
We have experience playing an important role in large-scale criminal investigations of potential organizational misconduct, that of serving as pool counsel. Pool counsel refers to the lawyers who represent employees of the entity whom the government has identified as non-targets of the investigation. We carefully interview these clients individually to determine whether they could expose themselves to legal difficulties by sharing information with the government. For those clients who do, we determine a strategy for resolving the problem. Over the years we have learned how to strike the balance between zealously protecting the interests of the employee-clients while also working with counsel for the company to the greatest extent possible under the circumstances.
Representation of Victims of White Collar Crimes
While we usually represent those suspected or accused of committing white collar crimes, our knowledge of this area of the law has, on occasion, prompted victims of financial wrongdoing (such as a company whose employee has embezzled from it) to turn to us for assistance. Sometimes an aggressive response through civil legal action represents a victim’s best course of action, and we refer victims to appropriate attorneys (and often work hand in hand with those attorneys) who can take those actions. Sometimes obtaining criminal prosecution of the perpetrator, and in particular a restitution order, offers the best hope for a victim to recoup its losses. In those cases, our knowledge of the federal criminal system, our investigatory skills, and our relationships with prosecutors, allow us to assemble a compelling package to present to the authorities that will maximize the chances that the perpetrator will be prosecuted.
Defense of Qui Tam Investigations and Proceedings
Qui tam, also known as “whistleblower” matters, intersects with our traditional white collar practice. In these cases – which frequently although not exclusively target health care providers – private individuals accuse individuals and organizations of defrauding the government, and then hope the government will do the heavy lifting investigating and litigating the case while the whistleblower sits back and hopes to cash in with a huge financial award. Persuading the government not to take over the case often represents the target’s best strategy for achieving a favorable outcome, and we have experience in that area. And when the government does choose to intervene, we have experience handling the case at trial.
Corporate and Other Internal Investigations
Sometimes a company, a not-for-profit organization or a public entity suspects that one or more persons connected with the enterprise has been or is engaged in some kind of wrongdoing, but needs more information before determining how to proceed. We can assist these types of organizations in designing and implementing an internal investigation tailored to their needs and the unique facts and circumstances involved in a particular matter.
Representation in Political and Public Corruption Investigations
Our attorneys have enjoyed success in guiding clients through investigations brought by executive and legislative officials and involving the electoral and political processes. These matters require a blend of legal acumen and political instincts, of knowing when to cooperate with the investigators and when to resist, or knowing when to respond to (or initiate) conversations with the media and when to withhold comment. We enjoy these types of cases, and our experience and temperament make us a good fit for them.
Our Approach to White Collar Criminal Defense
Our decades of experience handling sophisticated criminal and civil tax matters contributes to our successful representation of clients facing potential or actual accusations of many other kinds of financial wrongdoing, an area of the law broadly known as white collar criminal defense.
We have handled investigations and prosecutions of mail fraud, wire fraud, money laundering and health care fraud, to name just a few, often achieving favorable results for our clients. We have represented clients in regulatory and political investigations as well. We bring to each case thorough knowledge of the law and the tenacity to develop the most compelling defenses under the circumstances. We also bring to each case the ability to fiercely defend our clients’ interests while maintaining civility and professionalism at all times. We have earned a good reputation among judges, prosecutors and law enforcement personnel. And we often satisfactorily resolve our clients’ matters without having to go to court, and without the matter attracting unwanted and unwelcome publicity.
Our Firm’s White Collar Criminal Defense Representative Matters
Past results do not guarantee future results.
Many of these representative matters were handled by Neill Schwerin Boxerman, P.C. attorneys prior to the formation of the firm.
- Represented distributor of medical products and its owner in Anti-Kickback and False Claims Act proceedings; criminal charges were dismissed and civil case went to trial where jury returned a verdict finding no financial liability on the part of the individual client; case settled following appeal to Eighth Circuit Court of Appeals and remand.
- Successfully guided former manager of election campaign for a high-ranking state official through sensitive and highly-publicized administrative and legislative investigations.
- Represented corporate executive in insider trading and earnings management investigation, successfully demonstrating to the Securities and Exchange Commission that it should not pursue further investigation or enforcement action against client.
- Where client charged with money laundering carrying potentially long prison sentence, we prepared vigorously for trial – including traveling to foreign country to develop evidence contrary to prosecution’s case – and persuaded government to enter into plea agreement whereby client pled guilty to currency offense and served less than a year in prison.