In an ever-changing and progressively more complex era of governmental regulation, corporations, their officers and directors, and other highly placed or high profile individuals are frequently called upon to anticipate or react to potentially unfavorable interpretations of Federal, State or Local statutes, ordinances, regulations and other laws that effect their businesses and their lives. Governmental involvement in and enforcement of these varied interpretations of the law, often give rise to criminal, civil or administrative enforcement actions by the government.
Archer’s White Collar Defense and Corporate Compliance Practice Group focuses on the investigation and defense of allegations of wrongdoing in complex criminal cases and on civil fraud arising from business transactions. We assist our clients with corporate compliance issues and internal investigations, white collar criminal defense, securities fraud/compliance, antitrust issues, civil and criminal RICO allegations, Sarbanes Oxley and Stark Act compliance, foreign corrupt practices act and others.
In addition, the group has a wealth of experience investigating, analyzing and recommending courses of action for public agencies and governmental entities beset by problematic issues that require an independent evaluation to ensure the public trust is preserved.
Our lawyers are highly experienced and skilled former prosecutors and government counsel, fully attuned to the nuances associated with these types of statutory issues. Our partners have experience trying and/or resolving thousands of jury trials, both as prosecutors and as defense attorneys in battle against (when necessary), all of the major investigative agencies, governmental security groups, federal, state and local watchdog agencies and others. They are, well positioned to take on any Federal, State or Municipal allegation of improper conduct, alleged criminality and/or violations of RICO statutes.
Another strength of our practice revolves around the depth of our attorneys’ experience. The members of the Group are facile in varied matters, included, but not limited to health care legislation and regulations and allegations of health care fraud and the representation of health care providers, including physicians, hospitals and health care systems and nursing homes. They investigate and defend bank and securities fraud; price-fixing and other antitrust issues; regulatory violations; congressional inquiries; environmental issues; qui tam and federal false claims act; income tax issues including tax evasion, filing false returns and sales tax evasion. With experience comes knowledge and understanding and Archer’s attorneys understand government bureaucracies, how and with whom to work throughout the investigative process, as well as when to strongly advocate our client’s position and when to fight.
Our attorneys approach each matter by determining if there is a real basis for the investigation or inquiry. In appropriate situations, they produce findings of fact for the company and help the company decide when and where, if at all, to provide our information to the government. Often, the government will agree with or adopt portions of the findings of our attorneys. In these situations, our attorneys’ advocacy helps to build a working relationship with the opposing agency and produces a swift resolution.
Our services to our clients include:
- consulting with businesses on corporate compliance programs, designing and incorporating such programs into employee manuals and training management and staff on compliance program guidelines and enforcement;
- consulting with public agencies and governmental entities concerning problematic issues to investigate, analyze, recommend and implement a course of action designed to provide an independent evaluation of a situation
- conducting employee interviews and review of business records as part of an internal investigation to determine the nature and extent of a problem or allegation;
- consulting with management to assess the company’s exposure to fines, penalties or debarment;
- recommending and coordinating the work of outside counsel for representation of employees who may be targets or witnesses in the investigation;
- assisting businesses in responding to grand jury subpoenas for their business records;
- preparing employees to testify before a grand jury;
- negotiating with prosecutors for favorable disposition short of criminal prosecution.
At all times, our attorneys are acutely aware that our clients’ reputation and their interactions with their shareholders, with regulators and with the press, is crucial to their ability to remain profitable and to continue in their businesses. Ever mindful of this, we strive to minimize potentially negative public relations through swift action and strategy. However, where a trial is required to meet the needs of a client, our lawyers have a proven track record of success and consistently strive to achieve the best possible results, consistent with our clients’ needs. For more information on the White Collar Defense and Corporate Compliance Group, please contact Co-Chair, Jeffrey M. Kolansky, at firstname.lastname@example.org (215) 963-3300 or Co-Chair, Vincent P. Sarubbi, at email@example.com (856) 616-2606.