White Collar Defense, Investigations & Compliance Counseling

Our White Collar Defense, Investigations and Compliance Counseling Group represents domestic and international companies, financial institutions and individuals in domestic, international, and cross-border governmental investigations and enforcement actions, internal investigations, litigation, arbitrations, and commercial disputes.

The Murphy & McGonigle team of former federal prosecutors and enforcement attorneys has represented companies and individuals accused of business crimes, Foreign Corrupt Practices Act violations, public corruption, securities law violations and other fraudulent practices by the Department of Justice Criminal Division, the U.S. Attorney's Offices, State Attorneys General, District Attorneys' Offices, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Energy Regulatory Commission. We work with companies to conduct internal investigations and represent individual exec-utives in corporate internal investigations. In criminal prosecutions, enforcement actions and regulatory matters, we have represented broker-dealers, registered representatives, hedge funds, investment advisors and corporate executives. In some of our most important victories, we have convinced criminal and enforcement authorities not to proceed against our clients.

Our approach on any given matter is tailored to achieving the best possible result for our client in light of the circumstances that provoke the interest of governmental enforcement agencies, potential claimants or litigation opponents. Where possible, the Group seeks to assist our clients proactively in avoiding the problems that lead to governmental investigations, formal proceedings and disputes, and to position our clients to achieve the best possible result when adversarial proceedings become necessary. We therefore routinely support our clients through counseling, training, and the development of fulsome compliance programs to address and meet current and future governmental and regulatory requirements and expectations.

Group members are Department of Justice, United States Attorney's Office, SEC and CFTC alumni with substantial investigative, regulatory, arbitration, mediation, enforcement and federal and state trial and appellate experience.

Looking Forward

The DOJ under Attorney General Jeff Sessions has prioritized prosecuting violent crime and enforcing immigration laws. Yet it continues to press pending and new investigations in fraud, public corruption, Foreign Corrupt Practices Act, False Claims Act, securities fraud, insider trading, health care, and cybercrime cases. Key policies and practices include: increased use of declinations if companies selfreport, cooperate, remediate, and inform on culpable individuals; use of disgorgement; high priority on individual accountability for corporate misconduct; increased law enforcement coordination with foreign states that could lead to piling on of redundant charges in different jurisdictions or complex apportionment of penalties, as in four recent industry investigations – CAPACITORS, LIBOR, FOREX, and VW; quickened pace of old and new investigations to avoid “lingering” costs and distractions within companies; growth in “deconfliction” demands by DOJ that may impair companies’ ability to complete internal investigations; and continued use of monitors as part of DPA and NPA case resolutions with more litigation likely over the court’s power and publication of reports.