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Services Available
Crowell & Moring's expertise covers the full range of federal criminal enforcement. Our White Collar & Securities Litigation attorneys, who often work in concert with attorneys from the firm's other practice areas, are equipped to handle a wide range of white collar criminal and related civil matters. This includes representation at all stages of investigations and litigation, including trials and appeals. Congressional Investigations Crowell & Moring White Collar & Securities Litigation lawyers have long experience representing a wide variety of clients in congressional investigations, including at public hearings in the House and Senate. For example, our attorneys have had substantial success in mitigating or avoiding entirely the potentially damaging consequences of congressional proceedings in representing the following clients: - An Assistant to the President who served as White House Press Secretary, and an Associate Counsel to the President, called for depositions and public testimony before four congressional committees investigating various aspects of the Whitewater and Travel Office matters
- The in-house counsel of a US satellite manufacturer in a congressional investigation and hearings before the Cox Committee concerning the alleged improper disclosure of technology to the People's Republic of China
- A US aerospace company called to testify at a public hearing of the Dingell Committee in connection with an Israeli Air Force General's defalcation of millions of dollars in US military aid
- A member of the FBI Hostage Rescue Team, called to testify at a Senate Judiciary Committee hearing investigating the Ruby Ridge incident.
Criminal and Civil Trials Law enforcement investigations cannot be resolved satisfactorily unless the defense lawyer is fully prepared to try and win the case. Our attorneys know how to pick the right cases to try, and how to try them successfully. A few of our most recent cases illustrate the point: - All charges against an individual accused of criminal bid-rigging were dismissed by the judge at the close of the government's case after two weeks of trial in federal court in Texas
- A jury in federal court in Florida returned a verdict of not guilty on all counts after the trial of a transportation company accused of filing false reports with and withholding information from a federal agency
- All charges against a food company official accused of making false statements to a federal agency in connection the largest food recall in US history were dismissed by the judge at the close of the government's case after four weeks of trial in federal court in Nebraska
- After a four-week bench trial in a False Claims Act case involving a major defense contractor, the court awarded the government $191,000 on its $13.5 million claim, an award less than half of the amount the company had originally offered to settle related non-fraud allegations
- The vice president for quality assurance of a major pharmaceutical company, accused of conspiracy, obstruction and other charges, was acquitted in federal court in Maryland after the company itself had pleaded guilty and paid a $10 million fine.
Criminal Antitrust From criminal antitrust compliance training and counseling, to grand jury investigations, to amnesty applications, to extradition proceedings, to litigation, our antitrust lawyers have broad experience in advising and assisting clients with criminal antitrust matters. Our clients participate in diverse industries and include Fortune 50 companies as well as individuals — conducting business both in the United States and abroad. We have defended companies against state and federal government charges of price fixing, bid rigging, market allocation, customer allocation, and numerous forms of fraud and corruption. Our representations often involve dealing with foreign authorities, including those in Asia, Europe and Canada. Among the Group's client representations, we have been instrumental in the following: - Assisting a U.S. national in obtaining a judgment of acquittal in a criminal bid rigging trial
- Negotiating an amnesty agreement whereby the client company and its employees avoided any criminal charges associated with an alleged price fixing conspiracy
- Helping a Japanese national avoid extradition to the U.S. for alleged violations of the antitrust laws
- Representing various companies and their employees in navigating criminal grand jury investigations and avoiding any form of prosecution, plea, or admission of wrongdoing in those proceedings.
Environmental Crimes Crowell & Moring's success in defending environmental criminal cases includes matters involving alleged violations of the Clean Water Act, the Clean Air Act, the Resource Conservation and Recovery Act (RCRA) and others. Our white collar litigators increase the likelihood of success by drawing upon the expertise of our well-regarded Environment & Natural Resources Group which includes former high-ranking officials of the Environmental Protection Agency and the Department of the Interior. As a result of our collaborative efforts, agencies involved in many of the environmental matters confronting our clients have foregone criminal prosecutions altogether. Matters our attorneys have handled include the following: - Grand jury investigation of a joint venture engaged in dam construction on the Ohio River for alleged violations of the Clean Water Act and the False Claims Act
- Defense of a chemicals manufacturer in Louisiana state and federal grand jury investigations for alleged violations of the state and federal Clean Water Acts
- Defense of Texas oil refinery in a federal grand jury investigation of alleged violations of the Clean Air Act
- Defense of a waste water treatment contractor in a federal grand jury investigation in the Central District of California
- Defense of a waste water treatment contractor in a federal grand jury investigation in the District of Connecticut that resulted in a first of its kind misdemeanor deferred prosecution agreement
- Defense of a waste water treatment contractor in a California state investigation of the state Clean Water Act
- Defense of a number of mining companies for alleged violations of the Mine Safety Act
- Grand jury investigation concerning asbestos-related violations and alleged fraud against the Small Business Administration;
- Defense of business entity in federal trial involving allegations of unlawful handling of asbestos, which resulted in acquittal.
Export Control Violations Crowell & Moring attorneys have wide experience representing companies and individuals in criminal and civil investigations involving alleged import and export violations. These representations often benefit from the expertise of Crowell & Moring's International Trade and Government Contracts practice groups. To give one recent example: - We represented the in-house counsel of a U.S. satellite manufacturer, in congressional and grand jury investigations of alleged improper disclosure of satellite technology to the People's Republic of China.
Foreign Corrupt Practices Act (FCPA) Crowell & Moring provides counseling, investigative and litigation defense services to domestic, foreign, and multi-national companies and their executives regarding compliance with, and enforcement of, the FCPA. Our practice includes representing clients during investigations and prosecutions by the U.S. Department of Justice and the U.S. Securities and Exchange Commission and our team has veterans from both agencies. We also assist clients by designing and implementing FCPA compliance programs, conducting internal investigations and due diligence concerning transactions with potential FCPA risks, training company personnel, advising boards and management and devising due diligence and other compliance tools to ensure that our clients can productively conduct global business consistent with U.S. and international anti-corruption laws. Food and Drug Crimes Crowell & Moring attorneys have broad experience in defending criminal charges springing from violation of food and drug regulations and statutes. Such cases are often handled in concert with our Health Care practice group. Examples include: - Representation of the leading blood bank in the New York metropolitan area, and one of the largest in the country, in two grand jury investigations of alleged falsification of viral testing. Despite the convictions of two lab supervisors, no criminal charges were brought against our client
- Defense of the vice president for quality assurance of a major pharmaceutical company through the course of a grand jury investigation and trial on charges stemming from alleged failure to report the results of certain safety tests. Our client was acquitted, despite his company's guilty plea and payment of a $10 million fine
- Defense of a food company executive against charges of making false statements to a federal agency in connection with the largest food recall in U.S. history. Our client was acquitted when the trial judge granted our motion for acquittal at the close of the government's case.
Health Care Fraud Crowell & Moring attorneys have unparalleled experience in representing companies and individuals in the health care fraud arena. This experience has been enriched by Crowell & Moring's recent acquisition of one of Washington's premier health care practices. The combination our White Collar & Securities Litigation, Health Care, and Government Contracts practice groups establishes the firm as a formidable advocate for health care clients facing government investigations. Our experience in health care fraud cases is wide-ranging. For example: - In the criminal context, Crowell & Moring attorneys assisted in the resolution of the criminal case against National Medical Enterprises, which, at the time, was the most substantial prosecution of its kind ever mounted against a health care conglomerate.
- We have particular expertise in the defending Medicare carriers and fiscal intermediaries during government investigations.
- Our attorneys are also well-equipped to guide health care providers through the collateral consequences of a criminal prosecution including exclusion from federal health care programs.
Independent and Special Counsel Investigations Crowell & Moring White Collar & Securities Litigation partner Richard L. Beizer served as Deputy Independent Counsel for the investigation of former Attorney General Edwin Meese in 1984, one of the earliest Independent Counsel Investigations. C&M has represented public officials and public citizens in dealings with most of the Independent Counsels appointed since that time, including those investigating Michael Deaver, Samuel Pierce, the Iran-Contra affair, Michael Espy, Henry Cisneros, Alexis Herman, Whitewater and related matters, and fundraising activities in the 1996 election cycle. Most recently, Crowell & Moring served as trial counsel to former Associate Attorney General Webster Hubbell on his third indictment by Independent Counsel Kenneth Starr. That matter was resolved shortly before trial on terms that were very favorable to Mr. Hubbell. While the Independent Counsel statute expired in June 1999, investigations into the activities of public officials, whether conducted by Special Counsels or the Department of Justice, can be expected to continue. Crowell & Moring stands ready to bring its substantial experience to bear in such investigations. Obstruction and False Statements The old adage states that the cover-up is worse than the crime and, in reality, countless white collar crime investigations are ultimately focused on obstruction and false statements. Whether this focus is through the prism of the federal false statements statute, 18 U.S.C. § 1001, or other false statements and false reporting statutes aimed at particular industries or conduct, or through the expansive obstruction statutes, see, e.g. 18 U.S.C. § 1519, Crowell & Moring attorneys have defended and litigated alleged false statement violations in a wide array of contexts, including: - Every conceivable species of procurement fraud, such as alleged quality defects, cost accounting violations, defective pricing, mischarging of costs, conflicts of interest, misuse of procurement-sensitive information, foreign bribery, and foreign military sales issues
- All manner of alleged false statements and other forms of obstruction during government investigations
- Alleged false reporting to a federal agency by a major transportation company (client acquitted at trial)
- Alleged withholding of the results of safety tests from a federal agency by the vice president of quality assurance of a major pharmaceutical company (client acquitted at trial)Alleged false statements to a federal agency by a food company executive in connection with the largest food recall in U.S. history (client acquitted at trial)
- Alleged false statements to a variety of federal agencies and investigators by the former Associate Attorney General of the United States (indictment dismissed on eve of trial in exchange for plea bargain highly favorable to defendant)
- Alleged false statements to a federal agency concerning voluntary disclosure of transmission of potentially sensitive information to the People's Republic of China
Procurement Fraud In addition to an extensive civil fraud practice that encompasses the False Claims Act and qui tam litigation, Crowell & Moring attorneys have defended dozens of criminal investigations for government contractors large and small, including many of the largest defense contractors in the world. These cases have involved every imaginable issue that can arise in a federal government procurement, including: - Quality defects or product substitution for almost every conceivable kind of military hardware
- Defective pricing or other irregularities in the pricing or formation of government contracts
- Issues related to the handling of classified information, and disclosure or use of procurement-sensitive information, including representations of major contractors in the Ill Wind investigation
- The full range of accounting questions, including mischarging of labor and material costs, allocation of overhead, and various issues under the Cost Accounting Standards and Federal Acquisition Regulations
- Issues arising from foreign military sales, including export control matters and the Foreign Corrupt Practices Act
- The relationship of contractors to government officials, including ethics and conflict-of-interest issues.
Public Officials and Elections Crowell & Moring attorneys have represented a variety of public officials as well as private citizens and organizations in investigations and inquiries arising from their participation in electoral politics and government service. These matters have arisen not only in the context of Independent Counsels and congressional investigations, but also via inquiries by the Department of Justice and Executive Branch ethics watchdogs. To cite just a few examples, we have represented: - An Associate Counsel to the President through years of congressional, agency and Independent Counsel investigations into the Whitewater affair and numerous related investigations involving the Clinton administration.
- An Assistant to the President who served as White House Press Secretary through numerous congressional and Independent Counsel investigations involving the Clinton administration, including the Travel Office affair.
Securities Arbitration Crowell & Moring attorneys have extensive experience representing companies and individuals in securities arbitrations held before the NASD and the NYSE. In July 2007, the NASD was consolidated with the arbitration, enforcement and member regulation functions of the NYSE to create the Financial Industry Regulatory Authority (FINRA). Our expertise in the securities self-regulatory arena enables us effectively to counsel our clients regarding the methods and procedures employed by FINRA, from arbitrator selection and discovery through the arbitration hearing itself. Our attorneys have successfully tried securities arbitrations covering a broad range of issues presented, including: - suitability
- market manipulation
- churning
- unauthorized trading
- fraud and misrepresentation
- sophisticated hedging and options strategies
- margin and hypothecation of securities
- conflicts of interest and valuation issues
- selling away
- ERISA
Securities Enforcement Crowell & Moring's Securities Regulation and Enforcement practice covers the full range of securities fraud investigations, including by federal and state grand juries, the US Securities and Exchange Commission, and other regulatory and investigative bodies. From compliance advice to trials, our attorneys, including former senior enforcement officials, offer a wealth of experience in resolving all manner of securities enforcement issues. Representative Engagements - We successfully represented a professional accounting firm against charges that it had "reason to know" or "should have known" about an alleged Ponzi scheme to sell inadequately funded securities to investors. We obtained dismissal of the case in DC federal district court and the dismissal was affirmed on appeal to the DC Circuit.
- We represented the former president of a marine construction company accused of criminal bid-rigging. The court granted our Rule 29 motion and dismissed all charges at the close of the government's case after two weeks of trial in federal court in Texas.
- A jury in federal court in Florida returned a verdict of not guilty on all counts after the trial of a transportation company accused of filing false reports with and withholding information from a federal agency.
- All charges against a food company official accused of making false statements to a federal agency in connection with the largest food recall in US history were dismissed at the close of the government's case after four weeks of trial in federal court in Nebraska.
- The vice president for quality assurance of a major pharmaceutical company, accused of conspiracy, obstruction and other charges, was acquitted in federal court in Maryland after the company itself had pleaded guilty and paid a $10 million fine for the same conduct.
- Alleged false statements to a variety of federal agencies and investigators by the former Associate Attorney General of the United States (indictment dismissed on eve of trial in exchange for plea bargain highly favorable to defendant).
- Alleged false statements to a federal agency concerning voluntary disclosure of transmission of potentially sensitive information to the People's Republic of China.
- We successfully defended a US aerospace company in a grand jury investigation in Florida alleging collaboration with an Israeli Air Force general who stole millions in US aid funds. By contrast, our client's principal competitor pleaded guilty and paid $69 million in damages and fines.
- After a three-week bench trial, the court ruled in favor of our client on virtually every issue in a case based on defective pricing and awarded a judgment less than half that originally offered by the company in settlement of related non-fraud claims.
- Negotiating an amnesty agreement whereby the client company and its employees avoided any criminal charges associated with an alleged price fixing conspiracy; defending company in follow-on civil litigation.
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