Our White Collar Criminal Defense team has extensive experience representing corporations, other business entities and individuals at every stage of criminal enforcement.  Our experience includes conducting internal investigations, responding to search warrants, subpoenas and grand jury subpoenas, negotiating plea agreements and, if necessary, handling the matter through trial, sentencing and appeal.  We also have experience in conducting internal investigations and creating corporate compliance programs.  Additionally, working with Venable's Congressional Investigations Practice Group, we represent clients faced with potential criminal exposure before numerous congressional committees.

Our Team

Our team consists of former senior attorneys in numerous branches of both federal and state government, including the Department of Justice, various U.S. Attorneys offices, various state Attorneys General offices, and the U.S. Securities and Exchange Commission.  Our professionals are resident across all of our offices nationwide.  We work closely with lawyers in the firm's other practice areas to ensure that our clients benefit from the breadth and depth of the firm's substantive expertise.

Our Expertise

We represent clients in federal and state criminal investigations and enforcement proceedings.  Our attorneys have experience representing clients in the following types of matters:

• Antitrust
• Banking
• Campaign Finance
• Environmental violations
• False Claims Act
• Foreign Corrupt Practices Act
• Government Contracting and Procurement Fraud
• Health Care Fraud
• Money Laundering
• Patriot Act
• Political Corruption
• RICO
• Sarbanes-Oxley
• Securities, Financial Institutions and Accounting Fraud
• Tax

Our Approach

We draw on the expertise of Venable attorneys whose prior experience as prosecutors or government regulators assists corporate executives, boards of directors and audit committees in managing the risk of litigation and protects the client company’s reputation.  Our approach can prevent regulatory inquiries from becoming criminal or enforcement matters.

REPRESENTATIVE EXPERIENCE

A representative sampling of our White Collar Defense Group's recent experience in a variety of substantive areas include:

Environmental Matters

• Represented large U.S. heavy industry company with 27 facilities throughout the country in parallel criminal and civil investigation by the Environmental Protection Agency (EPA) and DOJ.  Company was indicted in five jurisdictions, and Venable counsel participated in the defense or resolution of all five matters, including (a) representing the company in an 8-month trial in New Jersey, (b) participation in the trial team for trial, appeal and a negotiated resolution for the company in Alabama, and (c) lead representation of the company in resolving the three other indictments by plea.  In addition, Venable counsel has negotiated a consent decree resolving all historical civil and administrative violations with EPA and certain participating states.  This national resolution by consent decree was based on an innovative approach to sharing the results of internal company audits with a third-party consultant, for purposes of establishing a base-line for negotiation only.  The consent decree has been lodged and is currently pending the notice and comment period.

Export Controls

• Currently representing a multi-national logistics corporation in a DOJ export control investigation and parallel Department of Commerce administrative investigation.

Corporate Governance

• Represented a not-for-profit in a DOJ criminal investigation and parallel regulatory enforcement proceeding.  No individuals were charged, the organization pled guilty, agreed to enact a compliance program, paid a relatively small fine and no administrative action was taken.

Securities, Financial Institutions and Accounting Fraud

• Represented publicly traded government contractor in criminal investigation concerning accounting fraud, insider trading and looting allegations against its former senior executives who were indicted and found guilty or pled to criminal violations.  The company cooperated with the criminal authorities and was not charged with any criminal wrongdoing.

Health Care Fraud

• Venable represent a large generic drug manufacturer based overseas with a U.S. manufacturing and market presence, in wide-ranging criminal and civil investigations by the U.S. Department of Justice, coupled with administrative enforcement actions by the Food and Drug Administration.  FDA has issued warning letters and an Import Alert for the company's foreign facilities, and has invoked the Application Integrity Policy as to one of the foreign facilities, while DOJ and FDA have pursed a criminal and civil False Claims Act investigation.  Venable has represented the company for 2+ years in negotiations with the United States government.

Criminal Antitrust Matters

• Venable represented a Baltimore business executive who was caught up in a tax lien auction sting.  Our client cooperated over the course of a three-year criminal investigation by the Department of Justice's Antitrust Division.  Two co-conspirators were charged and ultimately received twelve months confinement, respectively.  After a contested sentencing hearing, where the government recommended a sentencing range of ten to sixteen months, our client received probation.

False Claims Act

• Represented manufacturer of bullet-resistant vests in Department of Justice's industry-wide False Claims Act investigation relating to the use of Zylon in bullet-resistant vests.

FCPA

• Currently representing a senior executive of a large multi-national corporation in an internal investigation and in a Department of Justice criminal investigation surrounding allegedly unlawful payments in West Africa and the former Soviet Union;
• Currently representing a foreign national and his companies in parallel investigation by the Senate Permanent Subcommittee on Investigations (PSI) and DOJ.  The PSI investigation inquired into the use of U.S. financial institutions to facilitate corrupt payments to political leaders in several foreign countries – Venable's Legislative Group represented the individual and corporate interests in Nigeria in discussions with PSI, providing information and documentation from the client to advocate on behalf of the legitimate economic activity of the client and client's companies.  USDOJ has shadowed the PSI investigation, filing a Mutual Legal Assistance Treaty request for bank documents with the Swiss government for financial institution documents related to the same investigation.  Venable's SEC and White Collar Defense Practice Group have worked in close concert with the Legislative Group to more fully develop the factual record in order to address the anticipated USDOJ inquiry, along with PSI's concerns.  Venable attorneys are supervising experienced forensic accountants in review of financial information, have coordinated with Swiss counsel on issues relating to the MLAT request, and have worked with client's business counsel to investigate and fully understand client's businesses, including multiple trips to Switzerland and a facility site visit to Port Harcourt, Nigeria.  Although PSI has issued an interim report, the final report has yet to be issued; USDOJ investigation is pending;
• Represented the Board of Directors of a defense contractor in a Department of Justice criminal FCPA investigation regarding certain of its Middle East contracts.  No action has been taken against the company;
• Represented an executive of a large multinational insurance corporation before the SEC and Department of Justice on allegations of bribery of officials of a Central American government.  No action has been taken against our client; and
• Represented a target/subject in an SEC and Department of Justice investigation (a Brazilian citizen) into payments by a Brazilian subsidiary of a U.S. corporation made to government officials in a Far East country in order to secure a portion of a monopoly market in tobacco.  Client has received a non-prosecution letter.