Gibson Dunn & Crutcher's White Collar Defense and Investigations Practice Group has defended many prominent companies and executives against a variety of federal and state prosecutions, and conducted numerous sensitive internal investigations, in a vast array of substantive areas including:
The Group is frequently retained by clients to provide a wide variety of services, including:
View Selected Gibson, Dunn & Crutcher Attorneys with Government Prosecutorial or Enforcement Experience [PDF]
Our Substantive Experience
Our White Collar Defense and Investigations Group has defended prominent companies and executives against a variety of federal and state prosecutions, and conducted numerous sensitive internal investigations, in a vast array of substantive areas, including:
Anti-Money Laundering. We defend financial institutions and other regulated entities against investigations and prosecutions for violating the Bank Secrecy Act for failure to prevent or report illegal money laundering and the failure to follow the "know your customer" requirements and other requirements of the USA Patriot Act.
Antitrust. We represent clients internationally in ongoing government litigation and criminal investigations involving antitrust issues. Teaming with the 100 attorneys from our firm's antitrust practice (ranked as one of five top-tier firms in the United States and recognized as a leading global firm for Competition/Antitrust law in Chambers Global Directory 2009) we take complex antitrust cases to trial, and, in combination with one of the top appellate practices in the country, we regularly represent our clients in all levels of appellate courts.
We have also represented numerous clients in ongoing cartel or antitrust grand jury investigations in the United States, Canada, Europe and Australia in numerous industries, where the representation is not public. Consistent with the international scope of cartel investigations, our role in these cases often involves coordinating an international response and representing clients before competition authorities in multiple countries.
Computer and Intellectual Property Crimes. We represent clients in cases involving charges of computer hacking, intrusion and intellectual property offenses–including matters arising under the Digital Millennium Copyright Act, the Economic Espionage Act, and the criminal copyright and trade secret statutes–as well as other high-technology offenses. We coordinate with members of our Intellectual Property Practice Group (ranked among the top intellectual property practices in the nation in Chambers USA: America's Leading Lawyers for Business 2009) to provide the most effective defenses to these types of charges. We also regularly represent entities that have been victimized by network security incidents or data breaches.
Environmental Violations and Compliance. Working as a team with our Environmental Litigation and Mass Tort Practice Group attorneys, we defend corporations and individuals against charges of criminal violations of various state and federal environmental laws, including the Clean Air Act, Clean Water Act, Toxic Substances and Control Act and the Resource Conservation and Recovery Act, brought by the DOJ and state enforcement agencies.
Foreign Corrupt Practice Act Matters. We have been leaders in representing clients in SEC and DOJ investigations involving allegations of improper payments and books and records violations of the FCPA since the inception of the law. In addition, our attorneys regularly advise clients on internal investigations involving suspected violations of the FCPA, as well as the establishment and implementation of effective FCPA compliance programs and due diligence advice related to corporate transactions.
Forfeiture (Civil and Criminal). Civil and criminal asset forfeiture--that is, the seizure of an individual's or company's assets by the government in both civil and criminal cases--is on the upswing. We are experienced in defending our clients and protecting their assets when they face forfeiture proceedings initiated by the government.
Health Care Fraud. Working as a team with our Health Care Practice Group attorneys, we defend healthcare providers, pharmaceutical companies, insurance carriers, medical device companies, health care management companies, hospital networks, and physicians in a wide variety of health care-related fraud matters, including investigations and prosecutions for violations of the anti-kickback statute and the False Claims Act, and Medicare and Medicaid fraud.
Privacy. We represent individuals and corporations in matters related to the Electronic Communications Privacy Act, including illegal access, use, disclosure and interception of various forms of wire and electronic communications, including e-mail. We also advise entities on their interactions with law enforcement, particularly as it relates to privacy issues.
Procurement Fraud. Working as a team with attorneys from our Government Contracts Practice Group, we advise government contractors with respect to proceedings before federal and state grand juries involving false claims and other government contract-related violations and also before suspension, debarment and program exclusion authorities.
Securities, Financial Institution and Accounting Fraud. We are a recognized leader in the defense of companies, financial institutions, officers and directors, accountants and accounting firms, securities firms and their personnel, brokers, investment advisers, fund managers, public company underwriters, issuers, and individuals in connection with a broad array of investigative and enforcement actions by the DOJ, the SEC, the Commodity Futures Trading Commission, state attorneys general, self-regulatory organizations and other federal and state regulatory agencies involving securities, financial institution and accounting fraud. These matters include charges of insider trading, insider lending, financial accounting fraud, market-timing, stock manipulation, stock option backdating, bank fraud, disclosure fraud, misuse and misappropriation of client assets, price fixing and violations of the Investment Advisers Act. Many attorneys in our White Collar Group are former SEC enforcement attorneys and prosecutors, who use their insight and experience to successfully handle these matters for our clients. Our securities regulation group was recognized as a top national practice by Chambers USA: America's Leading Lawyers for Business 2009.
Tax Offenses. We are experienced in representing individuals and corporations at every stage of state and federal investigations and litigation involving allegations of tax fraud and evasion that may arise separately or in conjunction with allegations of other crimes, including antitrust violations, violations of private and public securities laws and regulations, money laundering and illegal currency transfers, RICO violations, and obstruction of justice.
Our Services to Clients
Our White Collar Defense and Investigations Practice Group is retained by clients to provide a wide variety of services, including:
Representation in Federal and State Trials. Our attorneys have vast experience in defending companies, boards of directors, securities brokerage firms, financial institutions and individuals in criminal prosecutions and civil enforcement actions brought by the DOJ, the SEC and numerous other federal and state government agencies Our client's ability to achieve its objective--a trial win or a favorable settlement or plea--is enhanced by our ability to take cases to trial. Our representation always takes into account our client's needs to manage litigation efficiently and to weigh the risks and benefits of going to trial or negotiating a resolution.
Criminal Appeals. We are highly experienced in providing skilled and confident representation to individuals and corporations in every phase of complex white collar criminal matters, including, when necessary, appeals of unfavorable rulings and defending against appeals by the government. Our attorneys have participated in appeals in all 13 federal appellate courts and in state appellate courts. Gibson Dunn has a strong and high-profile presence in the Supreme Court of the United States. The firm was named the 2012 “Litigation Department of the Year” by The American Lawyer for an unprecedented second time. The publication, which dubbed the firm’s litigators “The Game Changers” in 2010, declared that the firm possesses “The Complete Game,” having “racked up another stack of victories in some of the country’s thorniest cases.”
Conducting Internal Investigations. We regularly conduct sensitive internal investigations of potential wrongdoing for corporations, board audit committees, special committees and general counsels. We proceed with discretion, but thoroughly, to gather and analyze data from individuals and documents on claims of illegal bribes, insider trading, breaches of fiduciary duty, alleged accounting irregularities, fraud, money laundering, network misconduct and theft of trade secrets, violations of government contract regulations, health care fraud and the Foreign Corrupt Practices Act. We make independent assessments and recommendations to our clients, recognizing that early and aggressive crisis management can enhance a corporation's credibility with law enforcement officials, regulators and the investment and eliminate or mitigate the corporation's exposure.
Representation in Congressional and Other Legislative Investigations. We have significant experience in representing clients in high-pressure and high-profile investigations and hearings before Congress and other legislative bodies.
Related Practice: Congressional Investigations
Qui Tam Defense. The Federal False Claims Act allows private individuals to bring claims of fraud committed against the U.S. federal government on its behalf. We are highly experienced in defending corporations against these sensitive and confidential qui tam or whistleblower claims, having successfully defended dozens of qui tam claims litigated against our clients by the Department of Justice in jurisdictions across the country. Our White Collar Practice attorneys team with other firm attorneys to ensure successful resolutions of these matters
Regulatory Defense. We represent companies, securities brokerage firms, financial institutions, investment advisers and others in securities investigations and enforcement proceedings, including public and private securities offerings, insider trading, disclosure, market manipulation and price fixing, violations of trading rules, record-keeping requirements, and accounting issues before the SEC, the Commodity Futures Trading Commission, the Public Company Accounting Oversight Board, state agencies, such as the Office of the New York Attorney General, and self-regulatory organizations such as the Financial Institutions Regulatory Authority.
Compliance and Internal-Controls Reviews and Audits. We often advise clients and create corporate compliance processes and internal control reviews and audits to reduce the risk of criminal charges and regulatory investigations. Our attorneys work closely with corporate departments in connection with the preparation of their SEC filings, including assisting with the development and evaluation of disclosure controls and procedures, as well as internal controls. We provide ongoing advice concerning informal financial communications, insider trading policies, public and private securities offerings, relationships with independent auditors and compliance with the Foreign Corrupt Practices Act, Sarbanes-Oxley, other securities laws and regulations, and privacy laws and regulations.
Monitorships. The DOJ has sharply increased its use of corporate monitors in accordance with DOJ and SEC deferred-prosecution and non-prosecution agreements. We are experienced in representing companies being investigated, advising them and protecting their rights in negotiating deferred-prosecution and non-prosecution agreements (and the process of appointment of a monitor), and supervising the company's compliance with those agreements. We are also experienced in serving as an independent monitor appointed by the government to oversee a company's compliance with a deferred-prosecution or non-prosecution agreement with the DOJ or SEC.