Kaye Scholer was one of the first large law firms in New York to establish a white collar practice group, and today, more than ever, a dedicated team that handles internal and governmental investigations is crucial to our clients.
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Our White Collar Litigation and Internal Investigations Group has
represented public and private corporations, partnerships, business
executives, government officials, trade associations, not-for-profit
organizations and members of the financial industry in a broad range of
matters, including securities fraud, healthcare fraud, criminal
antitrust, Foreign Corrupt Practices Act (FCPA), public and private
corruption, environmental crimes, defense procurement and other federal
agency fraud, tax evasion, export control, trade sanctions, bank fraud,
and violations of food-safety laws and workplace-safety laws. The firm
regularly advises clients regarding compliance with criminal law,
conducts internal investigations for companies that suspect wrongdoing
by their employees or others, and consults with publicly held
corporations regarding disclosure of suspected criminal activities,
among other things.
At Kaye Scholer, we believe that credibility is the key to an effective internal investigation. Whether a company is negotiating with the government, litigating against it, or simply investigating an internal matter, it is crucial that the company's outside counsel bring stature and experience to the task. Our array of lawyers fully fits this description and includes numerous former high-ranking officials of the Department of Justice (DOJ) and other government agencies.
In criminal, civil and regulatory matters, the White Collar Litigation and Internal Investigations Group is able to provide clients with an experienced and coordinated team capable of responding creatively to all aspects of a particular matter. For example, the group can deal effectively with the parallel proceedings that often develop in criminal investigations. Typically, a criminal investigation in the securities, antitrust or environmental field will spawn related regulatory proceedings and private civil litigation. In responding to such parallel proceedings, the group draws upon its own substantial civil and regulatory litigation experience, and upon that of other members of the firm who frequently appear in regulatory proceedings before the SEC, the Environmental Protection Agency, the Antitrust Division of the Department of Justice, the United States Department of Agriculture, the Department of Housing and Urban Development and several other government agencies.
In representing our clients, we draw on our experience in the following substantive areas, among others:
At Kaye Scholer, we believe that credibility is the key to an effective internal investigation. Whether a company is negotiating with the government, litigating against it, or simply investigating an internal matter, it is crucial that the company's outside counsel bring stature and experience to the task. Our array of lawyers fully fits this description and includes numerous former high-ranking officials of the Department of Justice (DOJ) and other government agencies.
Our Services
Kaye Scholer's White Collar Litigation and Internal Investigations Group provides the following services for our clients:
- credible, efficient internal investigations for companies that suspect wrongdoing by their employees;
- experienced, broad-ranging consultation with publicly held
corporations regarding regulatory compliance and compliance programs,
as well as disclosure of suspected criminal activities;
- defense of corporations and business executives in criminal,
civil, and regulatory matters brought by government agencies at all
levels; and
- representation of corporations and individuals who receive third party subpoenas to testify or produce documents before grand juries, the Securities and Exchange Commission (SEC) and other regulatory bodies.
In criminal, civil and regulatory matters, the White Collar Litigation and Internal Investigations Group is able to provide clients with an experienced and coordinated team capable of responding creatively to all aspects of a particular matter. For example, the group can deal effectively with the parallel proceedings that often develop in criminal investigations. Typically, a criminal investigation in the securities, antitrust or environmental field will spawn related regulatory proceedings and private civil litigation. In responding to such parallel proceedings, the group draws upon its own substantial civil and regulatory litigation experience, and upon that of other members of the firm who frequently appear in regulatory proceedings before the SEC, the Environmental Protection Agency, the Antitrust Division of the Department of Justice, the United States Department of Agriculture, the Department of Housing and Urban Development and several other government agencies.
In representing our clients, we draw on our experience in the following substantive areas, among others:
- Securities Fraud
- Antitrust Enforcement
- Healthcare Enforcement
- FCPA
- Bribery and Kickbacks in the Public or Private Sector
- Environmental Crimes/Enforcement
- Racketeer Influenced and Corrupt Organizations Act (RICO)
- Tax
- Trade Secrets
- International Emergency Economic Powers Act (IEEPA)
- Criminal Copyright Infringement
- Obstruction of Justice
- An internal investigation of losses on Credit Default Swaps (CDS) arising from the credit crisis.
- A senior executive of a major company in connection with government investigations of CDS.
- A pharmaceutical company in multiple off-label promotion investigations by U.S. Attorneys' Offices in Boston, Philadelphia and San Francisco.
- A major Asian electronics manufacturer in a DOJ criminal antitrust investigation.
- A major U.S. freight carrier in a criminal antitrust investigation by the New Jersey Attorney General.
- A public authority in a New York Attorney General investigation of pension abuse.
- A court-appointed receiver for IATrading.com. The CFTC has charged the operator of IATrading.com with defrauding more than 400 customers worldwide in a $43.8 million investment scheme.
- A pharmaceutical company in an insider trading investigation by the SEC.
- The audit committee of the board of directors of a major West Coast technology company in an internal investigation of stock options backdating.
- A multinational corporation in U.S. and Swiss authorities' investigations of the United Nations Oil-for-Food Program, including FCPA violations.
- A special committee of independent directors of the largest US diagnostic imaging company in conducting an internal investigation of related party transactions by various directors.
- An audit committee in internal and SEC investigations of accounting treatment of certain contracts at a public reinsurance company.
- An airline in grand jury and Federal Aviation Administration investigations involving alleged maintenance violations and false statements to federal agencies.
- A major international company in an FCPA investigation by the SEC concerning the possibility of bribes to public health officials in Eastern Europe.
- The heads of stock loan and arbitrage departments of major brokerage houses in grand jury and SEC investigations of insider trading and other securities violations, as well as in parallel civil proceedings.
- A major pharmaceutical company in a DOJ Antitrust Division grand jury investigation of alleged price fixing.
- Clients in recent mutual fund and insurance brokerage investigations by the New York Attorney General and other investigative agencies.
- A major trade association in an internal investigation of its executive director relating to a misappropriation of funds.
- An international engineering company in connection with an investigation of export violations.
- Clients in healthcare matters, including representation of a major pharmaceutical company and employees of another major pharmaceutical company in federal and state investigations regarding Medicare and Medicaid pricing and reimbursement issues.
- A major retail food establishment in an investigation by the New York City Department of Consumer Affairs following front-page disclosure by The New York Times of alleged mislabeling of a food product.
- A former District Attorney in connection with an investigation of alleged perjury before the New York State Commission of Investigation.
- A major executive of a large coal company in a 10-week jury trial on RICO and other charges.
- Leading music industry figures in a federal money-laundering investigation.