Businesses today operate in an increasingly hostile enforcement climate where the line separating civil and criminal offenses is blurred.

In the last few years, Powell Goldstein's corporate and individual clients obtained positive outcomes in a substantial number of special matters proceedings and investigations before more than 14 governmental or nongovernmental bodies. Most required a coordinated criminal, civil and/or administrative response.

Clients have gone to PoGo for representation in matters encompassing all stages of state and federal criminal investigations, including grand jury, trial and appeal. Client representations have also involved parallel civil and administrative proceedings, such as SEC enforcement actions, class actions, shareholder derivative suits, forfeiture cases, qui tam actions under the False Claims Act, suspension and disbarment proceedings and Congressional investigations.

Boards of Directors, Board committees and top management also conducted several preventative, internal investigations related to compliance or misconduct with our guidance. They also sought counsel on a vast array of complex accounting and financial disclosure issues.

General counsel rest assured knowing that the 31 attorneys in this multidisciplinary group are former federal or state prosecutors, securities enforcement officials or trial-ready attorneys in industries that have recently been the focus of enforcement efforts.

Some of our recent representations include:

• Conducting an internal investigation on behalf of the Board of Directors of a Fortune 50 company in which we represented the Special Committee in connection with shareholders' derivative demands arising out of significant transactions that also gave rise to an SEC investigation and securities class actions. The Special Committee's report and recommendation was adopted by the Board and no further litigation is expected
• Representing a number of financial institutions in connection with various financial fraud and officer/director misconduct cases. As with any regulated company, these investigations required gaining the trust and confidence of the regulatory authorities in order to solve the client's issues. Some of these files ultimately required the termination of senior executives and rehabilitation of the Company's relationships with employees and regulatory authorities
• Advising a large healthcare institution in connection with a major defalcation by a senior officer. The file required the supervision of outside forensic accountants to reconstruct and trace the improper use of hospital funds. We also pursued fidelity bond coverage for the losses
• Representing a regulated government entity in an investigation and criminal proceeding in which the highest level of corporate officers were implicated and later found guilty of various offenses. Rather than receiving a possible "death penalty" by revocation of the corporate charter, our client was fined a nominal amount and is today a valued member of its community
• Representing the audit committee of the board of directors of a NYSE listed company embroiled in a criminal government investigation relating to embezzlement and the lack of effective internal financial controls. The investigation, which received national media attention, was quietly resolved with appropriate recommendations to the Board and through extensive contact with government officials
• Handling the investigation and prosecution of a multi-million dollar housing scam. Civil and criminal proceedings followed an investigation, and resulted in jail sentences for the perpetrators
• Conducting a number of investigations relating to the failures of failed regulated entities, such as financial institutions, on behalf of the government. Aspects of the engagements have included extensive analysis of the adequacy and implementation of policies, practices, and procedures; examination of specific contractual relationships and individual conduct, including appropriate investigative work; and the preparation of recommendations regarding the disposition of involved personnel