White Collar Defense & Government Enforcement
Jackson Walker’s White Collar Defense & Government Enforcement attorneys are here to assist our clients through every step of the government enforcement process.
Our clients rely on us to be their trusted partners before or after the government initiates an enforcement action. Clients also rely upon us to provide counseling on risk assessment, prevention, and compliance measures. We are also adept at conducting internal investigations into complex and sensitive matters. Moreover, 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.
Nevertheless, 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.
We have litigated against virtually every U.S. enforcement agency, including the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Department of Commerce, the Internal Revenue Service, the Federal Trade Commission (FTC), and the Department of Defense, as well as Attorneys General and District Attorneys in Texas and other states.
Jackson Walker provides clients with a battle-tested trial team to respond to accusations of healthcare fraud, violations of the federal Anti-Kickback Statute, and other of the various healthcare laws and regulations. With regard to healthcare, Texas is home to some of the most aggressive federal prosecution offices in the country. It helps to have a recent management-level Assistant U.S. Attorney who oversaw all healthcare prosecutions in Dallas for almost five years. Add to that one of Texas’ preeminent healthcare practice groups, and you have an outstanding multi-disciplinary team on your side.
Companies face more enforcement actions than ever before, due to allegations made by disgruntled current or former employees, independent contractors, or consultants. Both federal and state governments offer several “bounty” programs that allow private citizens to bring claims on behalf of the federal government (qui tam suits) and to share in any recovery from government enforcement proceedings. The most notable of these, the False Claims Act (FCA), allows qui tam plaintiffs, also known as whistle-blowers, and the DOJ to recover payments made based on fraudulent submissions to the government.
Our lawyers skillfully respond to civil investigative demands (CIDs) and subpoenas. We are often successful at persuading the government not to intervene or in procuring the early dismissals of cases. Much can be learned from what the government is requesting; thus, a company benefits greatly from having skilled attorneys assess these requests with an eye toward evaluating the government’s specific interests. When litigation proceeds, we have the knowledge and experience to see clients through all stages of trial and appeal while fighting to secure an advantageous resolution.
Global Anti-Corruption Compliance and Defense
Our team understands the complexities of global regulation and enforcement. We have the personnel and technological ability to collect and analyze data, conduct worldwide investigations and interviews, and advise clients regarding voluntary disclosure when appropriate. Armed with an understanding of the company and its actions, we can effectively represent the company in both formal and informal investigations or enforcement actions. Our attorneys regularly advise national and multinational companies responding to allegations of anti-corruption law violations, including the Foreign Corrupt Practices Act (FCPA) and the United Kingdom Bribery Act.
In the past several years, the DOJ and SEC have significantly increased the resources devoted to investigation and prosecution of violations under the FCPA and are now levying over a billion dollars in financial penalties each year. FCPA investigations can last for years and create significant costs to a company in dollars, time, and reputation. Establishing a comprehensive FCPA compliance program and an effective process for third-party due diligence is the first line of defense. We work with our clients to ensure they are in the best position possible to respond to and, if necessary, defend allegations of FCPA and other anti-corruption law violations.
Export Controls Enforcement
The enforcement climate surrounding export control and sanctions laws is quite aggressive. The sanctions and regulations issued by the various agencies involved in this area (such as the Department of State (ITAR issues), the Department of Commerce (EAR issues) and the Office of Foreign Asset Control (OFAC)) are not only complex but change as frequently as U.S. foreign policy changes. Jackson Walker attorneys with backgrounds in government, as in-house counsel, and in private practice work together to keep clients apprised of the latest OFAC initiatives while assuring compliance and responding to allegations of possible violations.
Our attorneys work to provide our clients effective representation throughout all stages of securities enforcement, from inquiry to resolution. We have worked to build relationships of mutual respect with securities regulators and pride ourselves on our ability to convince the SEC either not to take action or to reduce the nature and scope of the charges. We have defended clients in investigations, enforcement proceedings, and examinations by the SEC, Federal Bureau of Investigation (FBI), Financial Regulatory Authority (FINRA), Public Company Accounting Oversight Board (PCAOB), stock exchanges, and state securities enforcement agencies. Additionally, Jackson Walker offers the guidance of a recent, management-level Assistant U.S. Attorney who supervised and tried white collar matters for almost ten years.
September 29, 2021
By Laura Cordova, Erica Giese, & Daniela Mondragón
The Department of Justice (DOJ) has identified over $1 billion in fraud-related losses to government-funded healthcare programs and private insurers. In its recent announcement, the DOJ highlighted enforcement actions targeting four major categories of alleged fraud: telemedicine; COVID-19 relief funds; substance abuse treatment facilities, or “sober homes”; and illegal prescription and/or distribution of opioids.
September 14, 2021
Laura M. Kidd Cordova has joined the White Collar Defense & Government Enforcement group as a partner in Houston. As a former assistant chief in the Fraud Section of the U.S. Department of Justice’s Criminal Division, Laura primarily helps individuals and companies facing criminal or civil government enforcement actions.
August 18, 2021
~10 minutes | With a dense thicket of regulations to comply with, businesses may trigger a governmental investigation if they are not familiar with the complex and changing rules and regulations surrounding COVID relief funds, particularly in the healthcare sector. In this interview about the Department of Justice’s crackdown on fraud, Arthur Gollwitzer discusses how businesses can protect themselves and what to do when approached by the authorities.
June 30, 2021
Jackson Walker is pleased to announce the addition of Arthur Gollwitzer as a partner in the Austin office. Combining his experience gained as a federal prosecutor with 25 years in private practice, Arthur focuses on intellectual property litigation and also is highly experienced in criminal matters and internal investigations.
December 21, 2020
As a former federal prosecutor, Erica Benites Giese spoke with The Associated Press about Assistant U.S. Attorney Joe Blackwell, who has been tasked with overseeing the FBI’s investigation of Texas Attorney General Ken Paxton.
June 25, 2020
Supreme Court Upholds Disgorgement Remedy Under the Securities Exchange Act, But Restricts the Scope of the Relief That the SEC May Seek
In an 8-1 opinion issued on June 22, 2020, the U.S. Supreme Court confirmed the ability of the Securities and Exchange Commission to seek disgorgement in district court actions against individuals and businesses charged with defrauding investors. The Court also indicated, however, that certain conditions apply.
June 1, 2020
Justice Department Condemns Agreements Among Competing Medical Providers That Limit Treatment Options
The Department of Justice recently sent a stark message to medical providers (and other businesses) that agreements to allocate services, employees, and customers among competing providers will be prosecuted under criminal antitrust laws.
April 29, 2020
A vigorous government enforcement effort will likely follow the COVID-19 pandemic recovery efforts set forth in the CARES Act.
March 31, 2020
Jackson Walker senior counsel Erica Benites Giese discusses the issue of price gouging and common things businesses must consider when raising prices during a declared emergency.
- 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