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.
The Trump Administration’s Department of Justice continues to enhance incentives for companies to conduct internal investigations and self-report wrongdoing to law enforcement. In recent months, it has trumpeted its FCPA Corporate Enforcement Policy, promising that if a company voluntarily self-discloses misconduct in a timely manner, fully cooperates, and engages in timely and appropriate remediation, there will be a presumption that DOJ will decline to prosecute. More recently, DOJ has suggested that it will treat the FCPA Corporate Enforcement Policy as “nonbinding guidance” in corporate criminal cases outside the FCPA context. The takeaway is that companies should seriously consider, as good corporate citizens, conducting robust internal investigations when needed and, if criminal conduct is uncovered, promptly self-reporting the findings to DOJ. Handled appropriately, such affirmative corporate conduct will be applauded and should result in obtaining a full and fair case closure, instead of an expensive and damaging criminal prosecution.