Overview
When your company or executives face a government investigation or potential criminal charges, you need more than advice. You need a trial-tested defense team that knows how to convince the government not to bring a case against you to begin with—but also knows how to fight back if they do.
Manatt delivers the strategic, experienced defense companies and executives need when everything is on the line. Our team brings a strong track record in high-stakes white collar defense, including in cases involving the False Claims Act, the Anti-Kickback Statute, tax evasion, wire and mail fraud, cybercrimes, bank fraud, PPP and SBA loan fraud and securities fraud allegations. And with a deep bench of former federal and state prosecutors and experienced trial lawyers, we know how prosecutors build their cases, how to prevent those cases from being filed—and how to dismantle them in court.
We are known for our ability to represent clients in any industry—even highly regulated industries such as health care, financial services and government contracting, areas in which we have particularly deep experience.
“I was blown away by the magnitude of care and thoughtfulness the Manatt, Phelps & Phillips team put into my defense and their genuine desire to prove my innocence.”—Client feedback, Best Law Firms
The goal is always to avoid criminal charges—but some companies and executives find themselves facing the worst-case scenario.
While many firms’ white-collar capabilities stop at the investigation or compliance stage, Manatt has a strong bench of white-collar trial lawyers who have extensive experience defending clients against the toughest post-indictment cases. We stand out for our courtroom strength in defense of our clients. Prosecutors know we are ready to take cases to court, and that credibility helps us negotiate better deals and secure key victories that make a favorable resolution possible. We have secured favorable outcomes for clients in some of the most challenging cases, including jury trial acquittals, case dismissals and negotiated resolutions that protect our clients’ interests.
Our team includes former prosecutors and public-defender trial attorneys who know how to approach the government from every angle. With decades of experience, we understand what agencies are trying to achieve, which helps us find a favorable resolution for our clients.
Whether an investigation is focused on an individual or the corporation, we understand what it takes to control the situation, re-establish trust with external stakeholders and protect against future liability. Our team also understands the public nature of an investigation and works to minimize disruption and damage to your business and reputation.
We advise on internal, congressional, federal agency and special purpose commission investigations. If problems are uncovered, we help clients determine whether and how to present the findings to the government, including navigating the difficult issues of voluntary disclosure, privilege and employee indemnification.
Awards
Experience
- A multinational company in a corruption investigation involving the president of an African country.
- A pharmaceutical company in an investigation for FCPA violations in multiple countries.
- Officers of a multinational oil drilling corporation in DOJ and SEC investigations into FCPA violations. No charges were brought.
- Pharmaceutical executives under investigation by federal prosecutors in multiple jurisdictions regarding alleged off-label promotion. The investigation resulted in no charges against the executives we represented.
- A major pharmaceutical company in an SEC investigation alleging channel stuffing and resulting in no charges being brought.
- The former director of the liver transplant program at St. Vincent Medical Center in California, in a criminal case where our client and several of its doctors and nurses were accused of conspiring to accept a liver on behalf of one patient with the intention of transplanting it in another patient. Following a three-week jury trial, and after less than a day of deliberations, the jury acquitted our client on all counts.
- The CEO of a publicly traded real estate company on stock fraud charges. After a four-month trial in Manhattan federal court, our client was acquitted of all charges.
- Private bank executives in an SEC investigation relating to investment advisory services. No charges were brought against the executives.
- The CEO of a health insurer in a New York State Attorney General investigation that resulted in no charges being brought against the CEO.
- The CFO of a New York City contractor in an investigation by the Manhattan District Attorney's office and the New York State Department of Taxation and Finance that resulted in no charges being brought against the CFO.
- A financial institution in a New York State Attorney General investigation into alleged fraudulent practices. We convinced the AG's office not to bring any charges against our client.
- A major retailer in a tax fraud investigation by the IRS, ICE and DOJ. No charges were brought.
- An investment firm and a global entertainment company in a FINRA investigation.
Recent internal investigations include:
- A Fortune 500 HMO in an internal investigation relating to potential kickback issues. We proposed various improvements to the company's internal controls and compliance procedures.
- A large health insurer in an internal investigation into allegations of fraud and embezzlement in its Medicare claims department. We conducted an extensive investigation and assisted the client in disclosing the results of the investigation to appropriate law enforcement authorities.
- Two audit committees of financial institutions. The first related to an internal investigation into the activities of its chief marketing officer. We prepared an extensive report and facilitated disclosure of the results to the client's external auditors, the FDIC, the California Department of Financial Institutions and the SEC. The second involved a very sensitive investigation into the activities of a branch manager who was also a member of the bank's founding family. The manager eventually pled guilty to misapplication of bank funds.
- A pharmaceutical company in an internal investigation into its interactions with physicians. We designed a compliance program to address weaknesses in internal controls.
Examples of corporate compliance and due diligence include:
- A multinational company in conducting due diligence into potential FCPA and global anticorruption violations by a target company
- A large pharmaceutical company in conducting M&A due diligence regarding the sales and marketing practices of a target company
- An investment firm in assessing potential FCPA issues in an investment target
Other engagements of our attorneys include the representation of:
- An aluminum manufacturing company and its founder in obtaining a termination letter from the SEC essentially dropping all claims for alleged securities law violations. We were retained in the matter after our client was already subject to a formal SEC investigation, and we counseled the client through the course of the full investigation.
- The former chief of staff to the governor of New York state in response to parallel inquiries by the Albany County District Attorney's Office, New York State Legislature and New York State Commission on Public Integrity into alleged misuse of government resources. No criminal charges were filed, and our client obtained a favorable settlement of ethics charges against him.
- A select committee of the Connecticut General Assembly during the impeachment proceedings against then Governor John G. Rowland. He resigned during the pendency of the inquiry that we led.
- A large health insurer in response to multiple subpoenas issued by the California Attorney General in connection with a wide-ranging investigation of the health insurance industry. As a result of our work, the AG's office appears to have decided not to actively pursue the investigation against our client, even though the investigation our client's competitors continues.
- A federal contractor in a DOD OIG investigation of country of origin.
- A pharmaceutical company in a DOJ and DHS investigation relating to sales and marketing practices and resulting in a deferred prosecution agreement.
- The former general counsel of a failed investment company in an investigation by the U.S. Attorney's Office and the SEC. We convinced the agencies that the client was more valuable as a witness than as a target, thereby helping him avoid criminal charges.
- A major healthcare delivery systems company in a False Claims Act qui tam action. We prevailed on summary judgment.
- A California-based community bank in monitoring a high-profile FCPA prosecution of one of its borrowers, a manufacturing company. Our client has a loan outstanding to the borrower, and we are protecting the bank's interests in connection with the government's attempted forfeiture of assets.
- An investment advisory firm in connection with ongoing inquiries by a variety of federal and state agencies into “pay to play” relating to obtaining investments from public pension funds. We facilitated cooperation by producing documents and making individuals available for witness interviews.
- A pharmaceutical company in a multidefendant False Claims Act qui tam matter in the U.S. District Court for the District of Massachusetts. The plaintiff is a former employee at HCFA (now CMS).
- The former CEO of a publicly traded company through an investigation by federal prosecutors and the SEC into alleged stock option backdating, resulting in a deferred prosecution agreement, and in a parallel civil class action litigation.
- A corporate officer accused of violating the Export Control Act, securing a favorable plea agreement for our client.
- An executive of an international liquor distributor charged with tax crimes, resulting in a sentence of probation.
Related Practices
Anti-Money Laundering, Bank Secrecy Act and Sanctions Enforcement
Antitrust and Competition
Financial Services Litigation and Enforcement
Manatt Financial Services
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