White Collar Crime and Government Investigations
Robins, Kaplan, Miller & Ciresi, L.L.P's White Collar Crime and Government Investigations defense attorneys are highly experienced and qualified to defend white collar crimes and other high stakes criminal and civil liability matters. Led by a former U.S. Attorney of Minnesota, our first and foremost goal is to formulate the best strategy to defend the criminal investigation. We routinely explore many options, recognizing that the best defense can be frequently accomplished through behind-the scenes efforts instead of in the courtroom.
Most white collar crime investigations carry criminal sanctions that present the possibility of substantial fines, debarment, and in the case of individuals, deprivation of liberty. "Follow-on" civil lawsuits - initiated either by the Government or private plaintiffs - routinely follow and result in unfortunate "bet the company" decisions. When adverse publicity is added to the mix, the situation can appear, at times, unbearable.
Our white collar crime defense strategy includes a detailed analysis of all ramifications of the criminal investigation, including potential criminal and civil penalties, the possibility for increased criminal and civil investigations in the future, as well as the investigation's present and future impact upon the client's financial well being and public image. We believe that most white collar criminal investigations can be resolved by recognizing the need to be less conventional. We strive to guide our clients -- individual and corporate -- to make the best business judgments by anticipating future changes rather than researching past precedent.
WHOM WE REPRESENT
Our White Collar Crime lawyers have represented institutional, corporate, and individual litigants before grand juries throughout the United States, in agency and administrative proceedings and in private litigation closely related to the original investigation. Our matters are frequently the subject of intense public scrutiny. Robins, Kaplan, Miller & Ciresi, L.L.P. is committed to avoiding unwanted attention and publicity in connection with our clients. Significant representations are not identified to protect client confidentiality.
OUR EXPERIENCE
Our White Collar Crime Defense attorneys have participated in the investigation of numerous white collar criminal and federal and state regulatory offenses, They also regularly advise clients in compliance with criminal law, conduct internal investigations for companies who suspect wrongdoing by their employees or others, and consult with publicly-held corporations regarding Sarbanes-Oxley issues and disclosure of suspected criminal activities. We handle white collar crime matters in federal and state, court, and investigations conducted by federal, state and local law enforcement agencies.
White Collar Crime Articles
Deferred Prosecution Agreements: Today's "Get Out of Jail Free" Card?
Deferred prosecution agreements for alleged corporate white collar crime give companies a second chance at survival. This second chance comes without having to undergo the same level of public scrutiny that comes with protracted government investigations and the public-relations nightmare that stems from a white collar crime conviction.
Read more.
Hot Potato: Liability for Corporate Successors
Non-lawyers are often confused by the fact that our legal system . considers a corporation to be a “person.” Corporations enjoy most of the same legal rights, and are subject to many of the same obligations, as individuals. This is certainly true in the white collar crime sphere. While there are obvious exceptions - such as prohibitions against disorderly conduct or rape. The substantive criminal laws generally apply with equal force to corporate entities and “two-legged clients” alike.
Things get a little complex, though, when it comes to heirs and successors. When individual defendants die, their criminal liabilities die too. Even when heirs are penalized as the illegal beneficiaries of their acts, such as through the disgorgement of ill-gotten gains, their heirs are not viewed as culpable themselves.
Corporate heirs are different. A true corporate successor takes on all of the rights and obligations of its predecessor. A successor could suddenly find itself facing considerable liability for acts with which it had no involvement. When a corporation dissolves, the odds are high that its criminal liability lives on. Read more.
Corporate Citizenship and Corporate Criminal Rights
Corporations are placed in a uniquely precarious position during government investigation of alleged while collar crime or white collar criminal misconduct for two reasons: (1) a lack of certain constitutional protections and, (2) exposure based on the doctrine of vicarious liability. Read more.
Document Management and Retention Post Arthur Andersen L.L.P.
Recent cases like Arthur Andersen LLP v. U.S., 125 S.Ct. 2129 (2005) have left many companies wondering what to do about document management and retention. Although the Supreme Court reversed the Arthur Andersen conviction, the Court was clear that a company can be held criminally liable when it implemented a document destruction policy with an intent for wrongdoing. Read more.
When Does Uncle Sam Want You? A Report from Minnesota's U.S. Attorney
Terrorism. The DOJ is concerned with terrorism financing, and any conduct that might aid terrorism financing, such as offshore banking, immigration fraud, and identity theft.
Corporate Fraud. After Enron, the DOJ is paying particularly close attention to the integrity of financial institutions and to misconduct by professionals such as accountants and attorneys.
Accountability of Corporate Defendants. The DOJ has made it no secret that it will pursue corporate defendants, particularly in relation to individual defendants, as it emphasizes seeking a company waiver of the attorney-client privilege and maximizing self-policing by big business.
Investment and Securities Fraud. Insider trading, market manipulation, financial statistics fraud, and general investment fraud are among the DOJ concerns in this area.
Healthcare Fraud. Home healthcare, pharmaceutical diversion, and Internet pharmacy have emerged as the problem areas in healthcare, attracting government investigation.
Cybercrime and Identity Theft. While forty-seven percent of all such complaints go to the Federal Trade Commission, cybercrime and identity theft are actually a top priority for the Federal Bureau of Investigation and the Secret Service.
Public Corruption. Even government is not excused from selfpolicing.
Corporate Embezzlement.
Bank and Financial Institution Fraud.
Indian Gaming. This segment is a $19.4 billion annual industry. Of the top gaming facilities in the United States, three are in the State of Minnesota.
Litigation Practices > White Collar Crime and Government Investigations