November 19, 2021
Law360
Overview
We represent companies and individuals in a wide range of criminal and civil enforcement matters. We also regularly advise on the development and maintenance of compliance programs. Our team includes distinguished former federal and state prosecutors who have collectively tried numerous criminal cases to verdict in federal and state courts.
We have extensive experience counseling and defending clients facing actual or potential criminal charges related to Anti-Money Laundering; the Bank Secrecy Act; kickbacks and bribery, including the Foreign Corrupt Practices Act; mail/wire fraud; securities fraud; and trade sanctions, among other things.
We routinely represent clients in grand jury investigations and enforcement actions brought by the U.S. Department of Justice, the U.S. Securities and Exchange Commission, the Office of Foreign Assets Control, and state regulators, among others.
Range of Services
- Individual representations
- Internal investigations
- Federal and state investigations
- U.S. Department of Justice (DOJ)
- U.S. Securities and Exchange Commission (SEC)
- Office of Foreign Assets Control (OFAC)
- Florida Department of Law Enforcement (FDLE)
Areas of Experience
- Anti-Money Laundering (AML)
- Bank Secrecy Act (BSA)
- Anti-Kickback Act and bribery
- Foreign Corrupt Practices Act (FCPA)
- Mail/wire fraud
- Securities fraud
- Health care fraud
- Economic/trade sanctions
- Tax
Notable Experience
- Represented former U.S. Secret Service senior executive during Special Counsel Hunter Biden investigation and Congressional inquiries.
Anti-Corruption and Foreign Corrupt Practices Act
- Counseled the world’s largest oil-field services company in responding to a grand jury subpoena in connection with alleged violations of the FCPA, export controls, and trade sanctions involving hundreds of millions of dollars in potential penalties.
Anti-Kickback Act Claims and Defense
- Represented two targets of an investigation by the Office of the Inspector General (OIG) for the Department of Health and Human Services into a multi-million dollar healthcare kickback scheme. The OIG closed its investigation without bringing any charges. Also, successfully defended those clients in a complex civil litigation spawned by the investigation involving more than 20 parties.
- Represented government and military contractor in negotiating a settlement of False Claims Act and Anti-Kickback Act claims arising out of the illegal and unauthorized conduct of former company employees.
- Defended the chief executive officer of a leading operator of hospitals and healthcare facilities in an investigation stemming from eight qui tam suits alleging violations of the False Claims Act and kickbacks.
- Represented government and military contractor in negotiating a settlement of False Claims Act and Anti-Kickback Act claims arising out of the illegal and unauthorized conduct of former company employees. Represented government and military contractor in negotiating a settlement of False Claims Act and Anti-Kickback Act claims arising out of the illegal and unauthorized conduct of former company employees. Represented government and military contractor in negotiating a settlement of False Claims Act and Anti-Kickback Act claims arising out of the illegal and unauthorized conduct of former company employees.
Anti-Money Laundering
- Completed Bank Secrecy Act/anti-money laundering compliance due diligence relating to the sale and acquisition of a Florida-based financial institution on behalf of purchaser resulting in the successful closing of the transaction on favorable terms.
Bank Secrecy Act
- Represented the former Chief Compliance Officer of a national bank in a Bank Secrecy Act investigation brought by the DOJ. No charges were filed against the client.
Mail and Wire Fraud
- Represented an individual charged by the DOJ with committing wire fraud in a wide-ranging conspiracy. After pleading guilty, the client was the only defendant in the case to receive a sentence of no jail time.
Securities Fraud
- For over 9 years, represented BBX Capital Corporation and its Chairman and CEO Alan Levan, which owned the 100-branch Florida bank BankAtlantic in an SEC investigation and then enforcement action alleging BBX had concealed loan risks. A six-week jury trial and split verdict in 2014, a successful appeal to the Eleventh Circuit in 2016, and a second six-week jury trial in 2017 resulted in a verdict and judgment for BBX and Mr. Levan rejecting every claim asserted by the SEC.
- Represented a corporate officer during SEC investigation into allegations of misconduct surrounding the timing of stock purchases and sales.
- Represented software company officers in connection with DOJ, SEC, and internal special committee investigations of company stock option backdating practices.
- Defended a bank in several simultaneous civil suits in both federal and state court regarding the bank’s alleged participation in a $1.2 billion dollar Ponzi scheme.
- Counsel to depository bank, commercial lender, and feeder fund principal in tort and fraudulent transfer lawsuits brought by bankruptcy trustees and private plaintiffs in connection with the Bernie Madoff and Tom Petters Ponzi schemes.
- Obtained a substantial sentence reduction for a client based on his post-conviction cooperation with the DOJ.
Tax
- Represented a company and its principal facing a grand jury investigation for potential state tax crimes. After working with the client and meeting with prosecutors, no charges were brought against the company or the principal.
- Represented a CPA who had been subpoenaed by the DOJ for testimony related to potential off-shore tax evasion by others.
Trade Sanctions
- Persuaded OFAC to issue a declination letter to a financial institution that had been accused of violating U.S. sanctions on Cuba.
