Investigations & White Collar Defense
Our Investigations and White Collar Defense team has considerable experience representing businesses and individuals in government investigations and enforcement actions as well as conducting internal investigations. Clients rely on us to be their trusted partners before or after the government initiates an enforcement action. Our talented team regularly advises and represents clients in healthcare fraud, government contract fraud, tax fraud, violations of the Anti-Kickback Statute, mail and wire fraud, money laundering, false statements, worksite enforcement actions, and government program fraud.
Clients also look to us to conduct internal investigations into complex and sensitive matters. With dozens of internal investigation under their belts, our team is adept at evaluating risk and implementing prevention and compliance measures. Importantly, we are able to draw on the knowledge and abilities of our experienced regulatory and industry professionals to develop comprehensive strategies that address not only the case at hand, but the public, media, and related consequences of enforcement actions.
If the client’s best course of action is to go to trial, then the Jackson Walker team can assemble an accomplished trial team with a long record of outstanding results. The team’s collective experience includes:
- trying well over 150 cases to verdict in federal and state courts
- arguing over 20 cases on appeal in federal appellate courts
Our team has deep experience with federal and state prosecutors’ offices in Texas, DOJ Criminal and Civil Fraud Sections in Washington, DC, and U.S. Attorney’s Offices around the country.
We have handled investigations and litigation initiated by virtually every U.S. enforcement agency, including:
- Department of Justice (DOJ)
- Department of Commerce
- Department of Defense (DOD)
- Department of Homeland Security (DHS)
- Department of Health & Human Services (HHS)
- Department of State
- Environmental Protection Agency (EPA)
- Federal Trade Commission (FTC)
- Financial Regulatory Authority (FINRA)
- Internal Revenue Service (IRS)
- Immigration and Customs Enforcement (ICE)
- Office of Inspector General (OIG)
- Office of Foreign Asset Control (OFAC)
- Public Company Accounting Oversight Board (PCAOB)
- Securities and Exchange Commission (SEC)
- State Attorneys General and District Attorneys around the country
September 19, 2023
Speaking Engagements
Jennifer Freel and Edwin Buffmire to Speak at UT Law CLE’s Government Enforcement Institute
At the 9th Annual Government Enforcement Institute, Jennifer S. Freel and Edwin Buffmire will present on recent enforcement trends by the U.S. Department of Justice and the expansion of criminal antitrust enforcement.
September 19, 2023
Attorney News
Jackson Walker Congratulates Its “Texas Super Lawyers” of 2023
Each year, less than 5% of attorneys in Texas are named to the list. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
September 18, 2023
Attorney News
‘Scene in S.A.’ Recognizes Jackson Walker Attorneys in 2023 “Best S.A. Lawyers” List
Jackson Walker congratulates the 44 practicing attorneys in the San Antonio office who were included in Scene in S.A.’s 2023 “Best S.A. Lawyers” list. In its 19th year, the “Best S.A. Lawyers” list presents attorneys across 80 distinct practice areas who were nominated by fellow licensed, practicing attorneys of Bexar County.
August 17, 2023
Attorney News
‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”
The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.
August 14, 2023
Insights
A Deepening Circuit Split: The Fifth Circuit Weighs in on Divide Over Deference Afforded to Sentencing Guidelines
In this article contributed to Law360, Jennifer Freel and Michael Murtha take a deep look into the effect of a recent Fifth Circuit en banc decision, noting that the amount of deference courts give the Guidelines is an issue for criminal practitioners to watch and something likely headed to the U.S. Supreme Court.
July 26, 2023
Insights
Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines
The Fifth Circuit Court of Appeals has issued its much-anticipated en banc decision United States v. Vargas, which tasked the Court with deciding how much deference courts should give commentary to the U.S. Sentencing Guidelines following the Supreme Court’s decision in Kisor v. Wilkie. In a fractured decision, the Fifth Circuit held that Kisor does not extend to the Guidelines; rather, Stinson v. United States continues to control without any alteration from Kisor. Thus, the current paradigm remains in the Fifth Circuit absent Supreme Court intervention: the Guidelines commentary is “authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.”
By Jennifer S. Freel & Michael J. Murtha
June 6, 2023
Speaking Engagements
Jennifer Freel to Join Panel Discussing SEC and DOJ Enforcement Priorities
On Wednesday, June 14, 2023, Jennifer Freel will join a panel discussing the current securities enforcement priorities of the SEC and the DOJ. The Hot Topics in SEC and DOJ Enforcement and Litigation Dallas Conference will take place from 8:30 a.m. to 12 p.m. at Gibson Dunn & Crutcher in Dallas.
June 2, 2023
Insights
For False Claims Act Cases, SCOTUS Says Courts Should Look at What Defendants Subjectively Knew at Time of Offense
The U.S. Supreme Court recently announced its ruling in United States Ex Rel Schutte v. SuperValu Inc., a case that will impact how corporations will defend themselves in False Claims Act (“FCA”) litigation. In a win for the government, the Court held that the knowledge element of the FCA concerns what a defendant knew at the time it submitted a claim, not what someone could have objectively known after-the-fact.
June 1, 2023
Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2023 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 51 attorneys and 17 departments for inclusion in the 2023 edition of the Global and USA guides. Attorneys recognized in the guides were ranked in 19 practice areas, with 4 attorneys listed among multiple areas and 6 named among the top attorneys nationwide in their respective areas.
May 23, 2023
Insights
US Supreme Court Curtails Government Enforcement Power Under Three Federal Statutes, Reining in the DOJ
The U.S. Supreme Court recently decided three cases against the United States, with the Court rejecting the government’s attempt to prosecute or penalize private citizens under what the Court deemed to be overly expansive interpretations of statutes or regulations. As the Court winds down its current term, we look for the lessons it provided in these three marquee cases.
By Jennifer S. Freel & Michael J. Murtha
- Healthcare fraud and anti-kickback claims
- Special inquiries of fraud and misconduct allegations
- Insider trading
- Executive improprieties
- FDA violations
- Whistle-blower allegations under FCA and other bounty programs
- FCPA violations
- RICO violations
- International trade and customs fraud
- Money laundering violations
- Government contracting and procurement fraud
- Public official corruption
- Securities law violations
