White Collar Defense

Companies and corporate executives continue to face unprecedented scrutiny in turbulent worldwide markets. We guide clients through a broad range of sensitive issues, including high-stakes internal and government investigations, that can make or break personal and professional reputations. Our practice includes former federal and state prosecutors who leverage their experience on both sides of the courtroom to prevent charges from being brought, negotiate favorable pre-trial resolutions, and—when necessary—provide an aggressive defense at trial.

Representative Matters

Our lawyers' white collar defense experience includes the following matters, among others:

• Foreign Corrupt Practices Act Investigation (FCPA). Counsel for primary external counsel to a foreign, global, mining, oil and gas company in connection with a Foreign Corrupt Practices Act investigation brought by the Securities & Exchange Commission and the Department of Justice.
• DFS Monitorship. Firm was appointed monitor of an international financial institution as a result of an enforcement action by the New York State Department of Financial Services.  During the 18-month monitorship, co-led the McKool Smith team, assisted by forensic consultants, in conducting a historical review of the institution’s conduct in four separate countries and a global review of the institution’s compliance function.
• Cross-Border Tax Evasion and Money Laundering. Representation of several Swiss banks that participated in the Department of Justice’s Swiss Bank Program.
• Money Laundering and Compliance: Representation of employees of multiple private banks in connection with various U.S. Department of Justice investigations of allegations of international bribery, official corruption, and money laundering.  Representation of hedge fund in connection with compliance efforts and suspicious activity reporting.
• Insider Trading Investigation. Counsel for former hedge fund portfolio manager in federal criminal and regulatory investigation arising out of the use of expert-network firms.
• FCPA: Conducted internal FCPA investigation for luxury goods manufacturer. 
• Madoff-related Matters. Counsel for various entities and individuals, including a renowned Swiss private bank, a Luxembourgian SICAV, and the general counsel of a large feeder fund, in connection with litigation pending in federal, state, and foreign jurisdictions and federal and state regulatory investigations arising out of Bernard Madoff’s Ponzi scheme.  Additionally, represent several individual investors in connection with claims submitted to the Department of Justice Madoff Victim Fund.
• Sanctions: Representation of employees of international bank in connection with U.S. Department of Justice investigation of violations of U.S.-Iran trade sanctions. 
• Cross-Border Tax Evasion and Money Laundering: Representation of several Swiss banks that participated in the Department of Justice’s Swiss Bank Program.  Our attorneys also represent subjects and targets of Tax Division investigations of cross-border tax evasion and money laundering as well as matters arising out of Department of Justice’s anti-kleptocracy initiative.
• Identity Theft: Representation of software provider in connection with Department of Justice investigation of identity theft prevention efforts.
• Art-Related Matters: Our attorneys frequently advises on civil and criminal art-related matters, including efforts to recover lost or stolen artworks.
• Pharmaceutical Industry: Representation of subjects of U.S. Department of Justice investigation of cross-border sales of misbranded pharmaceuticals.
• Antitrust: Representation of multiple subjects of bid-rigging investigation conducted by Antitrust Division of the U.S. Department of Justice.