Practice/Industry Group Overview
Extensive Experience and an Aggressive Defense
Peckar & Abramson’s White Collar Criminal Defense Group has extensive experience representing individuals and businesses in the ever-expanding area of white collar criminal investigations and prosecutions, and related administrative actions, civil litigation, and appeals. Typical matters include:
- Grand Jury Processes
- Criminal Trials
- Internal and External Investigations
- Prospective Personal and Business Interest Counseling
- Proactive Preparation of Preventative Policies and Procedures
- Securities Laws Investigations
- Fraud Claims
- False Claims Act Claims
- Foreign Corrupt Practices Act Claims
- Racketeer Influenced and Corrupt Organizations Act (RICO) Claims
- Qui Tam and Whistle-Blower Claims
- Attorney Grievances
Changes in Federal Criminal Law Require Changes in Criminal Defense
The scope of criminal law has expanded exponentially in recent years. Many acts or omissions that now constitute a crime were traditionally considered civil matters – if they were considered at all. What may have been a simple business dispute or civil regulatory matter 20 years ago, now forms the basis of lengthy, complex, and risky criminal investigations — or actual charges. Even breaches of corporate policy may provide authorities with a basis for conducting a criminal investigation. In today’s hyper-charged, pro-prosecutorial, white collar criminal law environment, intent to engage in wrongdoing is almost assumed. Defenses demonstrating that “it’s always been done this way,” or evidence of a lack of actual knowledge of the conduct or that it was wrong, are ineffectual in preventing a criminal investigation or prosecution. In the face of this environment, businesses, and the people who run them, require careful counseling.
With public dollars come government regulators, prosecutors, and inspectors general. In the construction industry, change orders may be investigated by the U.S. Department of Justice, as well as state and local agencies, under authority granted for civil and criminal regulation, for issues such as those related to the False Claims Act and mail or wire fraud. Industrial accidents are often regarded as potential crime scenes, especially where regulators perceive a failure in proper oversight. In the securities industry, losses once considered ordinary are scrutinized as improper risk-taking or the result of materially misleading conduct — especially where the financial institution was the recipient of government assistance during the recent U.S. financial crisis.
This heightened scrutiny and risk is, increasingly, a fact of everyday business. The White Collar Criminal Defense Group is fully integrated into the Firm’s overall resources with access to expertise in a wide variety of disciplines and fields. We help clients comprehensively navigate the duality of the criminal/civil regulatory environment that is a reality of every modern business.
A Record of Success
Our comprehensive approach to the analysis, handling, and resolution of criminal issues and any related civil consequences impacting the business operations of our clients is the same as our overall approach to the practice of law: we believe in an efficient and careful servicing of the interests of our clients, both now and for the long term.