Government Enforcement & White Collar Defense

Government Enforcement & White Collar Defense

Litigation

Overview

With increasing frequency, law enforcement and regulatory agencies are investigating criminal, civil, and regulatory wrongdoing. From some of the most venerable private and public entities to individuals facing unchartered waters, the proven legal talent at Hinckley Allen has provided effective counsel for decades. We step into criminal, civil and regulatory matters at every stage—from proactively advising on compliance programs in health care, public procurement, and construction—to defending companies and individuals facing government scrutiny and allegations.

The rigorous pursuit of smart resolutions.

Our Government Enforcement & White Collar Defense attorneys are renowned and respected for their experience, ability, and instinct to get things done. We know when to fight and when to structure a smart settlement. A practical, strategic viewpoint informs everything we do. We don’t simply “throw bodies” at an engagement: with top-tier legal teams, we are staffed for maximum impact and value. Our attorneys have been involved in many of the region’s most high-profile white collar prosecutions in health care, government contracts, financial services, and public corruption.

Our services include representation during internal investigations, in front of grand juries and trials. We provide robust defense at trial and on appeal for individuals and companies facing federal or state criminal charges and/or regulatory violations. We provide counsel in matters that include:

  • Health care fraud
  • Defense of Qui Tam (whistleblower) actions
  • SEC investigations and enforcement actions
  • Government contractor fraud
  • Criminal and civil RICO actions
  • Environmental crimes
  • Theft of intellectual property
  • Public corruption
  • Political corruption
  • Foreign corrupt practices
  • Insider trading
  • Mail and wire fraud
  • Obstruction of justice
  • Professional misconduct
  • Perjury and false statements
  • Extortion
  • Embezzlement
  • Money laundering
  • Defense contractor fraud
  • Tax and accounting fraud
  • Immigration fraud
  • Bank fraud
  • Grand jury investigations
  • Internal investigations
  • Financial fraud

DBE Fraud Defense under False Claims Act
We represented two individuals in separate DBE fraud cases under the False Claims Act in New York. Both were accused of using minority-owned businesses in name only to fulfill bidding requirements for government contracts. In one, a Southern District of NY matter, our client was charged by a criminal complaint. We submitted an extensive “white paper” urging the SNDY to reconsider its charging decision. This request has been pending since November 2014. In addition to these federal cases, New York State Attorney General Eric Schneiderman has been taking very aggressive positions in pursuing false claims cases under the state’s False Claims Act (reported to be the most expansive false claims act in the country.) Our Albany office has been involved in defending individuals and companies in these state cases as well.

Public Corruption: New York State Moreland Commission
We represent the New York State Moreland Commission on Public Corruption in a high-profile investigation being conducted by the Southern District of New York. The representation includes extensive document review and subpoena compliance, client interviews, coordinating strategy and analysis among 23 individuals who comprise the Commission, plus interactions with the United States Attorney’s Office and other government entities.

New York City Physicians Group

We represented a prominent New York City-based physicians’ group in a matter involving a variety of substantive areas, including litigation of several issues, regulatory, health care, insurance coverage, corporate, and public relations providing legal guidance, strategic recommendations and crisis management. The representation encompassed strategic and analytical guidance and extensive legal research. We managed additional counsel who were working on the matter, conducting presentations and consultations with the client on a near-daily basis.

International Telecom Executive FCPA Defense

We have represented a former senior executive of Magyar Telecom, the Hungarian telecommunications company, in a parallel Department of Justice and Securities and Exchange Commission Foreign Corrupt Practices Act (FCPA) investigation.  After many meetings (over several years), the DOJ declined to bring criminal charges, but the SEC filed a civil case.  We represented the client throughout the massive motion and discovery stages of this case, taking more than 20 depositions in Hungary, London, Macedonia, Washington, D.C., New York City, and Philadelphia.  We assisted with document review, witness preparation, and legal research.

False Claims/Obstruction of Justice
We represented the president of a Massachusetts-based therapy services company accused of obstruction of justice and potential criminal False Claims Act violations based on providing “medically unnecessary” services. With regard to the obstruction of justice allegations (which have not yet been charged), we have met and spoken with a number of prosecutors in the Boston U.S. Attorney’s Office and explained why their legal theory and factual predicates are wrong.  They are currently considering our position.  The criminal false claims aspect of the investigation is still in its early stage.  In a related matter, we are representing the same client in a filed civil whistleblower’s suit pending in the District of Massachusetts.

County Waste: $45 Million Exposure Settled for $1 Million

We conducted an extensive internal investigation and defense of New York’s largest waste recycling facility, which is simultaneously under investigation for civil and criminal fraud, involving potential financial exposure in excess of $45 million.  Work included document review, witness interviews of senior personnel, formulating strategy, presentations to the New York State Attorney General, and overall management and coordination of the investigation.  The company avoided criminal prosecution and civilly settled the matter for under $1 million.

Firm News

Hinckley Allen Recognized on "Best Law Firm" List for the Ninth Consecutive Year

November 1, 2018

U.S. News & World Report and Best Lawyers have recognized Hinckley Allen for the ninth consecutive…

Firm News

38 Hinckley Allen Attorneys Recognized as 2018 Super Lawyers and Rising Stars

October 18, 2018

The Super Lawyers has selected 38 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year,

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Publication

Criminal prosecution for violating HIPAA: an emerging threat to health care professionals

July 2, 2018

This article originally appeared on STAT on July 2, 2018. The term “HIPAA violation” can…

Publication

Pennsylvania Health Network Accuses Hospital of Running Racket

June 20, 2018

Hinckley Allen Partners Anne M. Murphy and Laura B. Angelini provide their perspective on the latest…

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