Loeb & Loeb’s White Collar Criminal Defense Group has significant experience in the full panoply of legal services required by individuals and companies facing regulatory or law enforcement issues.
We employ a multi-disciplinary approach to assist and protect companies, officers, boards of directors, board committees and independent directors. When client companies or individuals are under active investigation or have been charged by law enforcement or regulatory agencies, we work tirelessly to navigate the often complicated and interwoven legal, business and other issues at hand. We prevent charges from being brought, negotiate favorable resolutions and, in those rare occasions when there is simply no other way, we provide a vigorous defense at trial. Because experience has taught us that one size rarely fits all, we bring creative thought to every aspect of every engagement.
With today’s aggressive enforcement and whistleblower activity in mind, our experienced attorneys also provide valuable advice to help companies conduct transactional due diligence, as well as to develop and implement compliance programs designed to detect and, to the extent possible, prevent wrongdoing. If wrongdoing is detected or suspected, we conduct internal or independent investigations to determine the scope of the problem, resolve the matter, prepare for and deal with regulatory scrutiny, and minimize damage.
White Collar Criminal Defense
We recognize that effective representation means more than doing our best to obtain a favorable outcome. Highly sensitive matters involving law enforcement require attention to important subsidiary matters such as adverse publicity, reporting requirements, and the prospects of follow-on civil litigation. Proper counseling thus requires experience and superior judgment.
Our White Collar Criminal Defense Group is made up of experienced trial attorneys, including former Assistant U.S. Attorneys in premier offices (one of whom also served as a State Inspector General and Director of State Police), state prosecutors and the Director of Law Enforcement for the U.S. Treasury Department. Our lawyers have been involved in complex, high-profile criminal investigations and prosecutions involving public and private companies and their directors, officers and employees. We have also successfully represented companies and individuals in much smaller, less publicized matters, always with the same focus and zeal. The White Collar Criminal Defense Group has extensive criminal litigation experience in federal and state courts and with governmental agencies, including the SEC, IRS, Department of Justice, U.S. Attorneys, state Attorneys General and Congressional bodies.
Preventive Counseling and Compliance
Our experienced attorneys design and implement programs that help clients comply with a wide variety of state, local and federal laws and regulations. Corporations increasingly require sophisticated compliance policies and procedures to deter business crimes and detect internal irregularities and malfeasance to the extent possible and early enough to minimize damage. Particular areas of focus are compliance policy development; training and counseling with respect to the Foreign Corrupt Practices Act (FCPA); compliance with Sarbanes-Oxley; corporate governance; and statutory compliance relating to anti-trust, intellectual property, money laundering and whistleblowing statutes.
Loeb & Loeb’s White Collar Criminal Defense Group is also retained by public and private companies to conduct internal investigations for the board, audit committees, independent directors or in-house counsel. When FCPA violations or other internal wrongdoing is discovered or alleged, a corporation must respond swiftly. We have conducted major investigations of fraud, embezzlement and other business crimes, and we have served as or represented court-appointed trustees, independent board committees, monitors and receivers of entities victimized by fraud. When an investigation reveals misconduct, we assist the company in prosecuting those responsible and obtaining restitution or damages for the company.
Representative examples of recent matters include:
- Representation and acquittal of the lead defendant in the largest FCPA sting operation ever conducted by the U.S. Department of Justice and the FBI.
- Investigations regarding allegations of options misdating and accounting fraud in numerous public companies.
- Investigation and litigation for one of the world’s largest insurance carriers regarding an insurance fraud totaling hundreds of millions of dollars.
- Representation of an international bank which was the victim of a multi-million dollar fraud scheme and coordination of those efforts with the federal government.
- Court-appointed counsel to a major defense contracting company. We recovered millions of dollars stolen from the company by its former executives and financial advisors and worked closely with the U.S. Attorney, the Justice Department and the Department of the Navy, coordinating their investigations with new management.
- Appointed counsel to the examiner by a federal bankruptcy judge to investigate an off-shore hedge fund accused of conducting millions of dollars of fraudulent transactions. The resulting report detailed securities violations, breach of fiduciary duty, mismanagement and fraud, which led the parties to settle their disputes.
- Coordination of the international defense of a group of prominent Russian business leaders. This includes participation in the successful defense of extradition requests lodged with numerous countries, the successful defense of numerous Mutual Legal Assistance Treaty (MLAT) requests for information and investigative assistance from various countries, the prosecution of claims before the European Court of Human Rights (ECHR), as well as visa support.
- Successful representation a major hedge fund that had been a target of extortion from a former principal.
- Investigation of accusations that certain employees or officers of an international company were siphoning off corporate assets.
- Representation of an employee of a major investment banking house in connection with state and federal criminal and SEC investigations into so-called “spinning” with regard to allocations of initial public offerings.
- Representation of the audit committee of a multinational corporation in connection with an internal investigation of alleged violations of the Foreign Corrupt Practices Act in Asia.
- Representation of a multinational corporation in connection with an internal investigation of alleged violations of the Foreign Corrupt Practices Act in Russia.
Clients and Industries
We represent large and small companies, boards of directors, audit and special committees, CEOs, in-house counsel and individuals from a wide range of industries such as banking, manufacturing, insurance, real estate, entertainment and health services. Whether the client is an individual or a Fortune 500 company, we bring the same blend of big firm experience combined with small firm one-on-one counseling. We draw on the skills and experience of our attorneys in other practice areas such as tax, labor and employment, intellectual property, securities, anti-trust and consumer protection to provide sophisticated, well-organized and cost-effective representation to our clients.
Leadership in Law
Members of Loeb & Loeb's White Collar Criminal Defense Group are actively involved in bar associations and trial attorney organizations. We also serve as adjunct professors and lecture to industry and legal groups, and frequently write articles on current corporate governance and criminal defense topics for publications including The Deal, American Bankruptcy Institute Journal, Business Insurance, The Banking Law Journal, Journal of Investment Compliance, Risk Management and Global Counsel.