Practice/Industry Group Overview
With state and federal prosecutors focusing particular attention to the investigation and prosecution of business and their executives, the need for experienced representation has become essential. The White Collar & Government Enforcement Group at Edwards Wildman has represented corporate and individual clients in a wide-range of federal and state investigations and prosecutions. Clients range from Fortune 100 companies and their executives to small businesses and their owners whose activities have come under scrutiny. Our goal is to resolve criminal investigations quietly, without return of an indictment and without public knowledge of the criminal nature of the inquiry: some of our best work is done when no one knows we have been engaged and no one knows there was a problem.
When our clients do face regulatory inquiries, subpoenas or investigative demands, in most instances, these are business problems that are appropriate for business resolutions, and our task is to defend against the investigating agency until it is prepared to discuss a rational civil resolution to the problem. In many cases, we can confront government regulators and prosecutors and resolve their concerns before an enforcement action or prosecution starts. When necessary, however, we are prepared to try cases to verdict and to assist our clients in all post-judgment proceedings.
Our lawyers have successfully represented clients in a variety of white collar criminal and enforcement actions, including bank fraud, mail and wire fraud, customs violations and environmental crimes. In addition to representing clients in state and federal grand juries and trying criminal cases in state and federal courts, our lawyers have the distinct benefit of being on the other side of investigation, having served as former federal and state prosecutors, and holding supervisory positions in those capacities. With this kind of previous experience under their belts, our lawyers fully understand an agency’s regulatory concern, and permits us to mitigate the impact of government enforcement actions for our clients
Doing Business Abroad
Companies seeking to expand their business in foreign jurisdictions face a growing number of complex challenges. Compliance with the securities (and related) laws can be extremely difficult in countries where the business culture is markedly different from, and often inconsistent with, the dictates of US law. In addition, post 9/ll anti-terrorism measures impose important limits on a company’s business operations and significant penalties for violating those limits.
Our Group has substantial experience with the Foreign Corrupt Practices Act, and in advising clients on compliance with the FCPA, addressing violations and dealing with the government agencies responsible for its enforcement. For our international clients, including clients in the EU, we construct SOX whistleblower mechanisms and codes of conduct that are compatible with applicable foreign privacy and data protections laws. Members of the group also have experience in counter-terrorism finance requirements, sanction regimes and front companies, and specially designated nationals.