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WHITE COLLAR DEFENSE AND INVESTIGATIONS

The U.S. government continues to increase its efforts to uncover and prosecute white collar crimes. And after the 2008 financial meltdown revealed systemic fraud and irregular business practices in U.S. financial institutions, the government is even quicker to enforce violations of law and regulations through the investigation and prosecution of cases, exposing the company and its employees to catastrophic penalties—ranging from steep fines to debarment and even jail time.

Collectively, our attorneys have tried hundreds of business fraud cases, both as federal and state prosecutors and as counsel for the defense. Many have served in senior positions in U.S. Attorney’s offices, the offices of state Attorneys General and at federal regulatory and law enforcement agencies, including the Department of Justice, Securities and Exchange Commission and the Federal Trade Commission. This experience means we are better able to anticipate the government’s actions and know what facts will be persuasive to prosecutors and regulators who have the discretion to move against our client’s interest. In numerous cases, we secured outcomes in which our clients were neither fined nor prosecuted.

The breadth of our white collar defense experience includes a comprehensive understanding of the areas of law that give rise to many enforcement actions and inquiries—antitrust, False Claims Act, Sarbanes-Oxley, securities fraud, bank fraud, criminal tax enforcement, health care fraud, government contract fraud, bankruptcy fraud and environmental matters.

We have found that the best defense begins with compliance and corporate governance. An effective compliance program is a powerful tool in helping our corporate clients avoid the tangible and intangible costs of responding to a government inquiry. We work closely with our client’s officers and key employees to establish a program that identifies practices that expose the company to civil and criminal liability. Because we have long-standing professional relationships with decision makers in law enforcement agencies throughout the country, we can create rigorous compliance programs that withstand government scrutiny.

Corporations also regularly turn to our attorneys to conduct independent internal investigations. We have performed more than 100 investigations, from complex, months-long global efforts to discrete matters that are disposed of quickly.

Telecommunications Industry

Defense against SEC and DOJ Investigations
We collaborated with our client’s senior executives and management staff during a two-year investigation by the U.S. Department of Justice and the Securities Exchange Commission regarding our client’s business and accounting practices. Through our efforts, the client avoided a near-certain indictment, and the U.S. Deputy Attorney General commended our client for its cooperation with the government’s investigation.

We also achieved an extraordinary result in the SEC investigation, which was concluded without the imposition of any fine or censure upon our client.

Chemical Industry

Significant Whistleblower Decisions
We were successful in obtaining the dismissal of two Sarbanes-Oxley whistleblower complaints for a client with global operations. One case is potentially precedent-setting, as the decision was the first to declare that SOX does not provide protections to whistleblowers who report conduct to agencies for personal financial gain.

Major Investigation into Sale of Embargoed Products
We secured a highly favorable disposition of an extensive, nine-month international trade embargo investigation directed to the U.S. Departments of Trade and Commerce. Our client avoided significant regulatory consequences stemming from the investigation, including all fines, penalties or other sanctions.

Transportation Industry

Bid Rigging and Extortion Trial
Our attorneys successfully defended a government contractor client against a nine-count indictment for bid rigging, mail fraud and extortion after a 2 ½-week trial.

Energy Industry

Defense Win in a Complex Trial
A manufacturer of fire barrier materials, including a product used to protect various systems in nuclear power plants, and its president were indicted by a federal grand jury on four federal felonies. A four-month trial resulted in acquittals of both defendants on all counts. Our lawyers were successful in condensing the length of the trial by using cutting-edge technology to manage and present nearly a million documents, including detailed testing reports and a wide range of scientific documents.

Publications

New in New York City in 2024: Workers' Bill of Rights Notice and Posting Requirement

Upcoming New York Wage and Hour Changes

New York Employment Law Update: NDAs Involving Discrimination, Harassment or Retaliation

You just received a grand jury subpoena. Now what?

What can recent FCA decisions tell us about the Seventh Circuit pleading standard for health care billing fraud claims?

What receivers need to know about the Federal Priority Act

Credit for cooperation: What you need to know about the DOJ’s new guidelines for FCA investigations

Criminal antitrust prosecutions still loom for employers with ‘no-poaching,’ ‘wage-fixing’ agreements

Trending Wonkology: What is 'Special Counsel'?

What to do when the government comes calling: A checklist for handling facility inspections

New OSHA reporting and anti-retaliation rules

What you need to know about federal trade secret protection

Blog Posts

New USAO policy for voluntary self-disclosure in corporate criminal enforcement actions provides greater predictability for health care organizations facing potential fraud or other misconduct

Can health care companies create physician programs while avoiding anti-kickback liability?

Blog Browse: What can recent FCA decisions tell us about the Seventh Circuit pleading standard for health care billing fraud claims?

Blog browse: Credit for cooperation: What you need to know about the DOJ’s new guidelines for FCA investigations

FinCEN exempts certain rollovers, renewals, modifications and extensions from beneficial ownership rules

The Federal Priority Act: How ‘secure’ is a secured creditor if the debtor is subject to a federal claim or investigation?

DOJ continues to investigate, seek recoveries over compounding pharmacy fraud

New FinCEN beneficial ownership requirements for legal entity customers to become effective in May 2018

Six years after Penn State, has college athletics really reformed its crisis response?

Top takeaways from 33rd Annual IAHA Annual Meeting

TCLE

Better Together? Competition, Price Gouging and Other Antitrust Issues Raised by the COVID-19 Pandemic

Lender Policies and Procedures for Subpoenas, Summons and Third-Party Demand Requests

Overtime Law 2016 – Expanded New Rule: What It Means for You

A University’s Guide to Avoid Being a Sports Center Breaking News Headline

What To Do When the Fed Comes Knocking

News

Thompson Coburn Doubles Down on White Collar/ Litigation Growth With Addition of Thomas Rea, Second Former Federal Prosecutor to Join in 2024

Thompson Coburn Bounds into 2024 with Lateral Additions, Continuing its National Growth

Industry Coverage: Howard Lavin Joins Thompson Coburn

Thompson Coburn Bolsters New York Growth with Labor & Employment Partner Howard Lavin

Health care litigator Mackenzie Wallace joins Thompson Coburn in Dallas

Business litigator Jasmine Wynton joins Thompson Coburn in Dallas

National law firm Thompson Coburn lands four partners in new Dallas office

Claire Schenk imparts life (and rock climbing) advice in UMSL commencement speech

FTC reaches $6 million settlement over St. Louis-based tech support scam

Victims of tech support scheme again targeted by scammers

Claire Schenk appointed Receiver in FTC enforcement action against tech support scam

Thompson Coburn attorneys detail the difficulty in prosecuting spoofers

25 Thompson Coburn attorneys recognized in 2015 Chambers USA

Employment litigator John Viola joins Thompson Coburn in Los Angeles

Claire Schenk honored as ‘Distinguished Alumni’ by University of Missouri-St. Louis

David Warfield talks US Fidelis case on CNBC’s ‘American Greed’

27 Thompson Coburn attorneys recognized in 2014 Chambers USA

Higher education attorney Aaron D. Lacey joins Thompson Coburn

Webinar will review attorney client privilege for in-house counsel

Claire Schenk talks about her work on record-setting fraud settlement for U.S. Attorney’s Office

Jan Paul Miller quoted in St. Louis Business Journal on Glaxo health care fraud settlement

Senior Counsel
St. Louis

Gordon is a highly experienced trial attorney who has achieved significant courtroom wins for clients in cases involving commercial disputes, white collar criminal defens...

Gordon is a highly experienced trial attorney who has achieved significant ...

Gordon Ankney
Partner
Washington, D.C.

Former United States Attorney Kenyen Brown focuses his practice on white-collar criminal litigation and compliance counseling, including matters involving internal and go...

Former United States Attorney Kenyen Brown focuses his practice on white-co...

Kenyen Brown
Partner
St. Louis

Ed has substantial experience in a wide range of complex lawsuits, most of which involve multi-party environmental litigation.

Ed has substantial experience in a wide range of complex lawsuits, most of ...

Ed Cohen
Partner
St. Louis

Dan Cox is a litigator handling sophisticated business, tort, product liability, intellectual property, and class action defense cases.

Dan Cox is a litigator handling sophisticated business, tort, product liabi...

Dan Cox
Partner
Dallas

Jenny is an experienced and strategic trial lawyer focusing her practice on health care, social justice, white-collar fraud and complex commercial litigation.

Jenny is an experienced and strategic trial lawyer focusing her practice on...

Jennifer Ecklund
Associate
St. Louis

Layla assists clients with a wide variety of business litigation matters including regulatory enforcement actions, business disputes, and toxic tort defense.

Layla assists clients with a wide variety of business litigation matters in...

Layla Husen
Partner
St. Louis

Brian is a business litigator representing plaintiffs and defendants in complex commercial litigation and internal compliance issues across many industries.

Brian is a business litigator representing plaintiffs and defendants in com...

Brian Lamping
Partner
New York

Howard has a lengthy and vast history of representing employers in all aspects of employment and labor matters.

Howard has a lengthy and vast history of representing employers in all aspe...

Howard Lavin
Partner
New York

Steve represents financial institutions, businesses and constituencies in major commercial disputes, with a particular focus in lender liability cases, fraud-based invest...

Steve represents financial institutions, businesses and constituencies in m...

Steven Mandelsberg
Partner
St. Louis

Jan is a former United States Attorney with extensive trial experience who represents companies and individuals in major litigation and regulatory actions.

Jan is a former United States Attorney with extensive trial experience who ...

Jan Paul Miller
Partner
Dallas

Elizabeth represents clients in high-stakes litigation across the country, involving commercial disputes, product defects claims, and consumer fraud, and securities fraud...

Elizabeth represents clients in high-stakes litigation across the country, ...

Elizabeth Myers
Partner
St. Louis

Tommy Rea is a former Assistant United States Attorney who brings deep trial experience to his white-collar defense and investigations practice.

Tommy Rea is a former Assistant United States Attorney who brings deep tria...

Thomas Rea
Partner
St. Louis

Claire is a litigator focusing in health care fraud and abuse, False Claims Act litigation, and other complex white-collar litigation.

Claire is a litigator focusing in health care fraud and abuse, False Claims...

Claire Schenk
Associate
St. Louis

Rose assists clients with a wide variety of business litigation matters.

Rose assists clients with a wide variety of business litigation matters.

Rose Tanner
Partner
Dallas

Jasmine is an experienced litigator who focuses her practice on high-stakes business litigation, employment law, and white collar criminal defense.

Jasmine is an experienced litigator who focuses her practice on high-stakes...

Jasmine Wynton