POWERFUL ADVOCATES

White Collar Litigation and Investigations

LEADERSHIP: Michael A. Schwartz

Pepper has broad experience in white collar litigation and investigation matters, and particularly deep experience in the following areas:

Health Care and Pharmaceutical

Entities operating in the health care space increasingly are targeted by the DOJ, HHS OIG, individual U.S. Attorney’s Offices, and state attorneys general, all seeking to enforce a wide range of fraud and abuse laws, such as the False Claims Act, the Anti-Kickback Act, Medicare and Medicaid regulations, the Food, Drug and Cosmetic Act, the Prescription Drug Marketing Act, the U.S. Foreign Corrupt Practices Act (FCPA), health care fraud and other criminal statutes.

We represent clients facing investigation and prosecution by state and federal authorities, including the U.S. Attorneys’ offices, state attorneys general and Congressional oversight committees. Our broad and deep industry experience is the cornerstone of our white collar defense and corporate investigation practice in the health care and pharmaceutical space.

Securities Enforcement

Corporations and corporate employees are scrutinized by the SEC, self-regulatory organizations such as FINRA, the DOJ and state agencies regarding compliance with securities laws. We are experienced in counseling and defending clients at every stage of these matters – from the informal inquiry stage, through the investigation and the “Wells” process, at trial or hearing, and on appeal. Our team includes many veterans of the SEC, including a former branch chief in the Division of Enforcement.

We have guided clients through investigations and litigation involving allegations of insider trading, improper revenue recognition and other types of financial fraud, market manipulation, mutual fund market timing and late trading, improper sales practices, excessive markups and advisory fees, inadequate supervision of securities professionals and accounting irregularities by corporate executives.

Corporate Fraud

The Department of Justice Corporate Fraud Task Force was constituted to attack all types of alleged fraud in the corporate world after high-profile prosecutions of Enron, WorldCom and other entities. Our former federal prosecutors bring their significant government experience to bear on these complex investigations with corporate death penalty potential.

Foreign Corrupt Practices Act

Numerous sophisticated companies have run afoul of anti-corruption laws such as the FCPA, which criminalizes bribery of foreign government officials and requires that all payments be accurately recorded in company books. The law often holds U.S. companies liable for improper actions of international business subsidiaries, as well as international business partners. Laws in other countries have similar reach, and international enforcement is expanding at a fast pace. In this environment, companies risk significant liability for turning a “blind eye” to potential wrongdoing by international business partners.

To address these risks, we provide experienced guidance to ensure that our clients’ compliance and risk management programs are deterring and detecting potential anti-corruption issues. We evaluate and design effective programs to meet specific risks of our clients’ international operations. Our due diligence reviews of international business partners includes counseling on the design of FCPA and anti-corruption training programs and codes of conduct tailored to specific businesses and industries and designed to be integrated throughout an organization. We also conduct internal investigations of suspected corrupted payments, and design remedial strategies to best protect our clients.

Pepper provides a team of experienced professionals seasoned by years of running law enforcement agencies and counseling international businesses on compliance issues.