White Collar Defense & Investigations

Experience Highlights

• Sotheby's in defeating all claims in a three-week jury trial in the U.S. District Court for the Southern District of New York. The alleged fraud had been considered one of the largest art frauds in history, valued at up to $1 billion.

• Global telecommunications company in multiple FCPA investigations involving the company's activities in more than 15 countries in Europe, the Middle East, and Central America. Successfully led company's cooperation with the DOJ, the SEC, the SFO, and Austria. Obtained formal declinations from DOJ and SEC.

• Lisa Page, former senior FBI attorney, before the House Judiciary and House Oversight and Reform Committees and Senate Select Committee on Intelligence regarding the FBI's investigations of the Clinton email server and Russian interference in the U.S. election.

• Ambassador Robin Raphel, a career Foreign Service officer and one of the US government's most senior advisers on Pakistan and South Asian issues, in a classified information inquiry by DOJ and the DC US Attorney's Office. The DOJ closed its espionage investigation and filed no charges.

• Wanaque Center for Nursing and Rehabilitation in its response to a deadly viral outbreak by conducting an independent investigation of the facility's response; responding to investigations, reviews, and enforcement action by multiple law enforcement and regulatory agencies; representing the facility in ongoing litigation with the Centers for Medicare and Medicaid Services; and coordinating the overall response to the media and the state legislature.

• Novartis Pharmaceuticals Corporation and Novartis Corporation in the successful defense of a qui tam suit brought in the District of Massachusetts by multiple relators alleging off-label and kickback claims in connection with the asthma medication Xolair®. On a motion to dismiss, we obtained dismissal with prejudice of all claims. Dismissal with prejudice of all federal claims was affirmed by the U.S. Court of Appeals for the First Circuit. Relators then filed suits in Massachusetts and New York under state FCA statutes, and the defendants successfully obtained dismissal of those cases.

• Major ship manufacturer in ongoing high-profile "Operation Car Wash" Petrobras corruption investigation, prosecution and related litigation. Successfully cooperated with the DOJ, leading DOJ to decline enforcement with respect to bulk of the conduct at issue and to enter into favorable settlement involving the remaining conduct. Presently cooperating with the Brazilian prosecutors' investigation team.

• Kellogg Brown & Root (KBR) in qui tam action in which, after dismissal by trial court and reversal by circuit court, the Supreme Court ruled 9-0 in favor of contractor that the Wartime Suspension of Limitations Act does not suspend statute of limitations for civil fraud actions, including those brought under the False Claims Act. The case was dismissed on remand and dismissal was affirmed on appeal.

• Dr. Salomon Melgen, a Democratic Party donor, as lead trial counsel in a 10-week federal criminal trial in the District of New Jersey involving charges of bribery and honest services fraud. Co-defendant U.S. Sen. Robert Menendez and Dr. Melgen were acquitted by the court pursuant to our R29 motion of all political contribution counts following a mistrial where jurors were hung 10-2 in favor of acquittal. DOJ dismissed all remaining charges with prejudice.

• Fluor Corporation in persuading DOJ to decline intervention, after an extensive investigation, in a qui tam action brought by multiple relators relating to management of hundreds of millions of dollars' worth of materials in a contingency contract performed in Afghanistan.