Practice/Industry Group Overview
Liskow & Lewis’s government investigations and white collar criminal defense lawyers represent corporate and individual clients in matters including:
- compliance issues,
- grand jury and other investigations,
- criminal trials,
- qui tam actions and
- other parallel proceedings.
In the last decade, the government has broadened its use of criminal sanctions to regulate commercial, environmental, and health care activities. In this enforcement climate, only those experienced in the criminal process are likely to achieve successful results for clients. The Liskow & Lewis government investigations group is led by a former Assistant United States Attorney for the Southern District of New York. The group has successfully represented corporate and individual clients in achieving the best possible resolution of a wide range of criminal and related civil matters. Some of the group’s most successful results have been in convincing prosecutors not to file charges against a client. But where charges cannot be avoided, our lawyers are equally well prepared to represent clients vigorously and successfully in criminal trials and appeals.
Compliance Advice, Counseling and Internal Investigations
Firm attorneys advise health care, environmentally regulated, and other entities in establishing internal compliance programs to deter and detect employee misconduct. Where misconduct does occur, the existence of such a program is a significant factor both in the prosecutor’s decision whether to bring charges and in the determination of sentence upon a conviction. Members of the group also conduct internal corporate investigations of misconduct and advise clients on the appropriate steps to take if such conduct is detected.
Grand Jury and Other Investigations
Often, the white collar defense lawyer’s most important work is done before charges are filed, and sometimes before an investigation even begins. Firm attorneys assist clients in establishing search warrant response plans, in responding to grand jury subpoenas, and in communicating and negotiating with prosecutors at the time when the client’s options are greatest – before an indictment is filed.
Criminal Trials and Appeals
If and when necessary, firm attorneys enter the courtroom with decades of successful experience in trial and appellate courts throughout the United States.
Members of the white collar group work closely with the firm’s environmental lawyers in this growing area of criminal enforcement. For further description, please see Environmental Criminal Defense.
Health Care Fraud and Abuse, Criminal and Civil Defense
Liskow & Lewis successfully advises and defends institutional and individual clients in a wide range of matters, including claims of fraud and abuse, illegal remuneration, and Stark Law and False Claims Act violations. We can design and implement internal compliance programs, establish search warrant response plans, conduct internal investigations, respond to grand jury investigations, defend qui tam and other civil lawsuits, advise clients on suspension and debarment issues, and defend against criminal charges.
Parallel Civil and Administrative Proceedings
White collar investigations are often accompanied by parallel civil and administrative proceedings, such as professional liability claims, shareholders suits, False Claims Act (qui tam) suits, and administrative actions. Such parallel proceedings require consideration of the impact that action taken in one case may have in the other proceeding or proceedings. For this reason, Liskow & Lewis adopts a global approach to representation of clients in parallel proceedings.
Representative Cases and Matters
Among the matters handled by our white collar group are the following:
- Represented a manufacturing company in parallel grand jury investigation and civil False Claims Act case alleging over $500,000,000 in damages. Negotiated civil resolution on favorable terms without the filing of any criminal charges.
- Represented oil and gas exploration company in parallel grand jury investigation and False Claims Act case, alleging violations of the Outer Continental Shelf Lands Act, and seeking over $300,000,000 in damages. Negotiated favorable civil resolution without any criminal charges being filed.
- Represented a major energy company in a Clean Water Act grand jury investigation. Conducted internal investigation and successfully resolved the case without the filing of any charges against client.
- Represented a medical scientist in federal investigation of alleged illegal importation of research animals. Successfully resolved the case without the filing of any charges against client.
- Represented a defendant under federal indictment based primarily on evidence developed through FBI wiretaps. Filed comprehensive motions for suppression of wiretap evidence, after which the government voluntarily dismissed indictment prior to trial.
- Represented development company in EPA/Coast Guard investigation of alleged Rivers and Harbors Act violations. Achieved misdemeanor resolution on favorable terms.
- Advised a major energy industry trade organization on efforts to reform OPA 90 criminal liability provisions.
- Represented a hospital in successful resolution of state legislative auditor and grand jury investigations.
- Conducted internal investigation of employee wrongdoing at a major chemical company for report to company’s Board of Directors precedent to Board taking disciplinary and remedial actions.
- Represented a federal prosecutor in successfully resolving an internal Department of Justice investigation of alleged misconduct.
- Represented a shipyard and its principals in state criminal investigation of alleged hazardous waste violations. Successfully negotiated immunity for all clients.
- Appointed by federal court to represent a defendant charged with assassinating an FBI informant. Conducted an extensive investigation and found unidentified exculpatory witness. Trial ended with a deadlocked jury, and murder charges were subsequently dropped.
- Represented a plant manager in federal investigation of alleged Resource Conservation and Recovery Act violations. Successfully resolved the case without the filing of any charges against client.
- Successfully represented a political fundraiser in federal campaign finance investigation.