The United States is witnessing a dramatic increase in the investigation and prosecution of business institutions and their executives and employees. Federal and state prosecutors and regulators, armed with new statutes and increased penalties, have placed institutions and individuals under great scrutiny in virtually every industry from Wall Street to Main Street.
In the face of this onslaught, our White Collar Criminal Defense and Special Investigations practice defends good businesses and good businesspeople.
White Collar Criminal Defense
The lawyers in Bracewell & Giuliani's White Collar Criminal Defense practice possess the skill and experience critical to defend a client in the face of a criminal, quasi-criminal or regulatory investigation or prosecution conducted by the Department of Justice, a U.S. Attorney's Office, the Securities and Exchange Commission, or a state District Attorney or Attorney General. We are experienced in representing clients through all aspects of criminal cases and regulatory enforcement actions – from the first subpoena and the onset of investigation, through the grand jury stage, and at trial or an administrative proceeding. Our team has handled cases involving a broad array of subjects, including securities fraud, antitrust, investment advisory fraud, health care fraud, environmental violations, tax issues, money laundering and RICO, among others. We have represented institutions and individuals in federal and state criminal cases around the country, and in enforcement proceedings before the SEC, FERC, various state Attorneys General, and the Commodity Futures Trading Commission.
Prior to making their mark in the defense bar, many of our lawyers served in leadership positions at the Department of Justice, the U.S. Attorney's Office for the Southern District of New York and the District of Connecticut, the SEC, the New York and Dallas County District Attorneys' Offices, and the Federal Energy Regulatory Commission. Our roster includes two former Associate Attorneys General of the United States and several lawyers who have the invaluable experience of having served as both DOJ prosecutors and SEC staff attorneys. These lawyers offer an insider's view of how best to defend a case. We have also found that a lawyer who is prepared to put prosecutors and regulators to their proof can often achieve a superior result for the client. For that reason, every member of the White Collar Criminal Defense practice is a seasoned trial lawyer.
Special Investigations
It is axiomatic that a successful 21st-century corporation must be proactive in ensuring compliance with applicable statutes, regulations and rules. In this regard, it has been our experience that an ounce of prevention is, as the saying goes, worth a pound of cure. Nonetheless, when a weakness is discovered, or a government agency is investigating certain conduct across an industry, a swift and thorough investigation is often necessary to retain public confidence and minimize government involvement. The credibility, integrity and experience of our White Collar Criminal Defense lawyers has enabled us to guide some of America's largest companies through challenging situations and to reduce or minimize the government's role in the matter. We have conducted Special Investigations for companies in the financial, technology, energy, insurance, and retail industries and have counseled Boards of Directors, Audit Committees and Special Committees. Our Special Investigations work has been featured in Business Week Online and The Wall Street Journal. We work aggressively and effectively to contain and resolve the issues troubling the client.
Bracewell & Giuliani's White Collar Criminal Defense and Special Investigations practice represents high-profile clients who face serious problems. Our recent matters include:
Representation of a Fortune 500 corporation and various officers in DOJ and SEC "options backdating" investigations; see How To Clean Up A Scandal, BusinessWeek.Com
Representation of a major energy company in connection with the successful resolution of an investigation by the New York State Attorney General; see "New York Subpoenas Five Energy Companies," N.Y. Times, Sept. 16, 2007
Representation of corporations and individuals in connection with multiple state pension fund investigations; see, e.g. "Cuomo Invokes Antifraud Law To Widen Inquiry Into State Pension Fund," N.Y. Times, Sept. 11, 2007
Representation of a multi-national corporation in a criminal tax investigation involving the synthetic fuel industry, leading to closure of the investigation
Representation of multiple corporations in criminal antitrust investigations
Representation of multiple international energy companies in regulatory probes by FERC, CFTC and other regulators