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Litigation: Special Matters & Investigations
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ATTORNEYS
Ralph J. Caccia
John T. Marshall
W. Scott Sorrels
Daniel G. Ashburn
John R. Bielema
R. Joseph Burby, IV
Michael P. Carey
William C. Crenshaw
Stacey Godfrey Evans
Carl A. Gebo
John H. Horne
Robert M.D. Mercer
Rick Miller
Jennifer Devine Odom
Thomas S. Richey
Eliot W. Robinson
William Steinman
G. Patrick Watson
James C. Wheeler
Karen Wildau
Jack M. Williams

In an environment forever changed by Sarbanes-Oxley and dominated by headlines of one corporate problem after another, we recognize that the fundamental goal of our internal investigation practice is to address the crisis in a responsive manner before the law enforcement or regulatory authorities have the opportunity to start enforcement proceedings. We have been involved in cases where the continuing existence of an organization was very much at issue. Our approach is to work toward a long-term legal and business solution that will enhance the opportunities for the success of the enterprise going forward.

When confronted by a government investigation with possible criminal exposure, or the need for an internal review designed to analyze internal financial and accounting issues, or some combination in between, one needs experienced attorneys who can respond effectively to prosecutors and regulators.

Our practice in investigation services represents both individuals and organizations in significant matters throughout the country.

We recognize that sensitive matters require special handling. The presence of government investigations or proceedings, government contracting issues, civil litigation exposure, media interest, and the presence of whistleblowers, as well as possible political aspects of any investigation, have to be considered in the overall context of the goals of the engagement.

Many aspects of the work may require depth in various areas of law that only a full-service law firm can offer. With over three hundred lawyers in two offices, our firm has the experience and depth to support the primary investigating team on subjects that include civil or criminal exposure arising from financial or contract misconduct, government contract and regulatory compliance issues.

Our attorneys' significant backgrounds in financial, accounting, and regulatory matters differentiates our firm to our clients. These clients appreciate that, to be more efficient, we work with other consultants or forensic accounting specialists, to achieve the desired results. Our team has substantial experience in various types of complex financial litigation, including securities class actions and derivative litigation, shareholder control battles, corporate compliance programs, D&O insurance and fidelity bond litigation, and white collar crime defense. The regulatory authorities that have been involved in our investigations include the U.S. Department of Justice and local U.S. Attorney's offices, the Securities and Exchange Commission; various state securities enforcement authorities; healthcare regulatory agencies; and various state licensing authorities.

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
     
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