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WHITE COLLAR DEFENSE AND INVESTIGATIONS

The U.S. government continues to increase its efforts to uncover and prosecute white collar crimes. And after the recent financial meltdown revealed systemic fraud and irregular business practices in U.S. financial institutions, the government is even quicker to enforce violations of law and regulations through the investigation and prosecution of cases, exposing the company and its employees to catastrophic penalties—ranging from steep fines to debarment and even jail time.

Collectively, our attorneys have tried hundreds of business fraud cases, both as federal and state prosecutors and as counsel for the defense. Many have served in senior positions in U.S. Attorney’s offices, the offices of state Attorneys General and at federal regulatory and law enforcement agencies, including the Department of Justice, Securities and Exchange Commission and the Federal Trade Commission. This experience means we are better able to anticipate the government’s actions and know what facts will be persuasive to prosecutors and regulators who have the discretion to move against our client’s interest. In numerous cases, we secured outcomes in which our clients were neither fined nor prosecuted.

The breadth of our white collar defense experience includes a comprehensive understanding of the areas of law that give rise to many enforcement actions and inquiries—antitrust, False Claims Act, Sarbanes-Oxley, securities fraud, bank fraud, criminal tax enforcement, health care fraud, government contract fraud, bankruptcy fraud and environmental matters.

We have found that the best defense begins with compliance and corporate governance. An effective compliance program is a powerful tool in helping our corporate clients avoid the tangible and intangible costs of responding to a government inquiry. We work closely with our client’s officers and key employees to establish a program that identifies practices that expose the company to civil and criminal liability. Because we have long-standing professional relationships with decision makers in law enforcement agencies throughout the country, we can create rigorous compliance programs that withstand government scrutiny.

Corporations also regularly turn to our attorneys to conduct independent internal investigations. We have performed more than 100 investigations, from complex, months-long global efforts to discrete matters that are disposed of quickly.

Telecommunications Industry

Defense against SEC and DOJ Investigations
We collaborated with our client’s senior executives and management staff during a two-year investigation by the U.S. Department of Justice and the Securities Exchange Commission regarding our client’s business and accounting practices. Through our efforts, the client avoided a near-certain indictment, and the U.S. Deputy Attorney General commended our client for its cooperation with the government’s investigation.

We also achieved an extraordinary result in the SEC investigation, which was concluded without the imposition of any fine or censure upon our client.

Chemical Industry

Significant Whistleblower Decisions
We were successful in obtaining the dismissal of two Sarbanes-Oxley whistleblower complaints for a client with global operations. One case is potentially precedent-setting, as the decision was the first to declare that SOX does not provide protections to whistleblowers who report conduct to agencies for personal financial gain.

Major Investigation into Sale of Embargoed Products
We secured a highly favorable disposition of an extensive, nine-month international trade embargo investigation directed to the U.S. Departments of Trade and Commerce. Our client avoided significant regulatory consequences stemming from the investigation, including all fines, penalties or other sanctions.

Transportation Industry

Bid Rigging and Extortion Trial
Our attorneys successfully defended a government contractor client against a nine-count indictment for bid rigging, mail fraud and extortion after a 2 ½-week trial.

Energy Industry

Defense Win in a Complex Trial
A manufacturer of fire barrier materials, including a product used to protect various systems in nuclear power plants, and its president were indicted by a federal grand jury on four federal felonies. A four-month trial resulted in acquittals of both defendants on all counts. Our lawyers were successful in condensing the length of the trial by using cutting-edge technology to manage and present nearly a million documents, including detailed testing reports and a wide range of scientific documents.

Publications

Key details about the Defend Trade Secrets notification requirement

New OSHA reporting and anti-retaliation rules

What you need to know about federal trade secret protection

The Wheatley review of LIBOR: final report

Invitations to collude – the unprecedented expansion of the FTC Act

Blog Posts

Top takeaways from 33rd Annual IAHA Annual Meeting

DOJ issues new guidance on individual accountability for corporate wrongdoing

Big sweepstakes scam artists don’t cry

Responding to search warrants: 10 steps to prepare

TCLE

Overtime Law 2016 – Expanded New Rule: What It Means for You

A University’s Guide to Avoid Being a Sports Center Breaking News Headline

What To Do When the Fed Comes Knocking

News

Victims of tech support scheme again targeted by scammers

Claire Schenk appointed Receiver in FTC enforcement action against tech support scam

126 Thompson Coburn attorneys included in 2017 Best Lawyers® list

Thompson Coburn Management Committee welcomes Tony Anderson, Steve Sherman

Thompson Coburn attorneys detail the difficulty in prosecuting spoofers

27 Thompson Coburn attorneys recognized in 2015 Chambers USA

Employment litigator John Viola joins Thompson Coburn in Los Angeles

Explore ‘Current Issues in Securities Litigation’ at Feb. 23 ABA event

Claire Schenk honored as ‘Distinguished Alumni’ by University of Missouri-St. Louis

David Warfield talks US Fidelis case on CNBC’s ‘American Greed’

112 Thompson Coburn attorneys featured in 2015 Best Lawyers list

29 Thompson Coburn attorneys recognized in 2014 Chambers USA

Higher education attorney Aaron D. Lacey joins Thompson Coburn

Securities litigator Helen Kim joins Thompson Coburn’s Los Angeles office

Webinar will review attorney client privilege for in-house counsel

Claire Schenk talks about her work on record-setting fraud settlement for U.S. Attorney’s Office

Jan Paul Miller quoted in St. Louis Business Journal on Glaxo health care fraud settlement

Partner
St. Louis
314 552 6003

Gordon is a highly experienced trial attorney who has achieved significant courtroom wins for clients in cases involving commercial disputes, white collar criminal defens...

Gordon is a highly experienced trial attorney who has achieved significant ...

Gordon Ankney
Partner
St. Louis
314 552 6019

Ed has substantial experience in a wide range of complex lawsuits, most of which involve multi-party environmental litigation.

Ed has substantial experience in a wide range of complex lawsuits, most of ...

Ed Cohen
Partner
St. Louis
314 552 6139

Dan handles various types of complex litigation, including business, tort, product liability, intellectual property, and class action defense.

Dan handles various types of complex litigation, including business, tort, ...

Dan Cox
Partner
St. Louis
314 552 6054

For more than 30 years, Steve has maintained a national trial and litigation practice in complex commercial disputes and white collar crime cases.

For more than 30 years, Steve has maintained a national trial and litigatio...

Steve Higgins
Partner
Los Angeles
310 282 9430

Recognized as one of the top woman litigators in California by The Daily Journal, Helen represents public and private companies, their directors, officers and principal s...

Recognized as one of the top woman litigators in California by The Daily Jo...

Helen Kim
Associate
St. Louis
314 552 6267

Alicia represents clients in complex business disputes at the trial and appellate level.

Alicia represents clients in complex business disputes at the trial and app...

Alicia Konstantinovich
Partner
Chicago
312 580 5056

Renato is an accomplished trial attorney who focuses his practice on representing parties involved in commodity futures markets in CFTC and DOJ investigations and enforce...

Renato is an accomplished trial attorney who focuses his practice on repres...

Renato Mariotti
Partner
St. Louis
314 552 6365

Jan is a former United States Attorney with extensive trial experience who represents companies and individuals in major litigation and regulatory actions.

Jan is a former United States Attorney with extensive trial experience who ...

Jan Paul Miller
Senior Counsel
St. Louis
314 552 6091

Tim counsels government contractors on their dealings with the federal government and represents other businesses and nonprofits in litigation and regulatory actions.

Tim counsels government contractors on their dealings with the federal gove...

Tim Noelker
Partner
St. Louis
314 552 6462

Claire advocates for clients in the areas of health care fraud and abuse, False Claims Act litigation and other complex white-collar civil litigation.

Claire advocates for clients in the areas of health care fraud and abuse, F...

Claire Schenk
Partner
St. Louis
314 552 6565

Steve represents corporations in large-scale business and regulatory disputes and defends individuals and corporations in criminal cases and proceedings in federal and st...

Steve represents corporations in large-scale business and regulatory disput...

Steve Sherman