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
January 25, 2023
Docket Check Update: US Supreme Court Declines to Decide Whether Attorney-Client Privilege Protects Dual-Purpose Communications
The U.S. Supreme Court decided on January 23, 2023, in a per curiam slip opinion that it would not consider whether communications including both legal and non-legal advice are protected by attorney-client privilege.
By Jennifer S. Freel & Michael J. Murtha
January 24, 2023
US Supreme Court to Decide Whether the Government Can Prove Knowledge When the Defendant’s Regulatory Interpretation Is “Objectively Reasonable”
The United States Supreme Court granted certiorari in a pair of cases out of the Seventh Circuit that will finally resolve a longstanding circuit split on the question of “scienter” under the False Claims Act (FCA)—namely, whether a defendant can “knowingly” violate the FCA if the relevant legal requirement is ambiguous and the defendant’s conduct is otherwise “objectively reasonable.”
By Jennifer Freel, Laura M. Kidd Cordova, & Bethany Pickett Shah
January 17, 2023
On January 24, 2023, the Fifth Circuit Court of Appeals will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the much-anticipated case of United States v. Vargas, 21-20140. Specifically, the Court will decide whether the Supreme Court’s decision in Kisor v. Wilkie, which limited judicial deference to agency interpretations, extends to the Guidelines.
By Jennifer Freel & Michael Murtha
November 3, 2022
Jackson Walker proudly announces the Firm’s inclusion in the 2023 edition of the U.S. News & World Report and Best Lawyers “Best Law Firms” list. This year, our firm improved in the national rankings, with the rise of Appellate Practice and Corporate Law to Tier 2.
October 24, 2022
Erica Benites Giese will present on white collar crime during the Greater San Antonio Ethics & Compliance Roundtable Fall Symposium held at the St. Mary’s University Greehey School of Business on October 27, 2022.
October 11, 2022
This term, the U.S. Supreme Court is tasked with construing the Bank Secrecy Act’s penalty provision, ruling on whether the “right to control theory” provides a viable theory of liability under the federal wire fraud statute, and deciding whether a private citizen who has informal political influence over governmental decision-making can be convicted of honest services fraud. It also must decide whether the Government has authority to dismiss a False Claims Act case after initially declining to intervene.
By Jennifer Freel & Michael Murtha
October 7, 2022
Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.
September 22, 2022
DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement Conference in Dallas
By Jennifer Freel, Erica Giese, and Bethany R. Pickett
On September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General Kenneth Polite and Deputy Assistant Attorney General Lisa Miller discussed the new policy at the University of Texas School of Law’s Government Enforcement Institute—a two-day conference held in Dallas, Texas. This article covers key areas Department of Justice officials will focus their efforts in the coming months.
September 15, 2022
Erica Benites Giese to Discuss Ethical Issues Facing In-House Counsel at UT Law CLE’s Government Enforcement Institute
During the 8th Annual Government Enforcement Institute on Friday, September 16, 2022, Jackson Walker partner Erica Benites Giese will join a panel, entitled “Ethical Issues Facing In-House Counsel.” The panel will be moderated by Matthew G. Nielsen (Bracewell LLP) and include panelists Brent Basden (Koning Rubarts LLP) and Michael Jackman (Hudson Advisors L.P.).
- 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