White Collar Criminal Defense, Internal Investigations & Corporate Compliance

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1 Butzel Long :: Practice :: Practice Teams :: White Collar Criminal Defense, Internal Investigations & Corporate Compliance Team Contacts David F. DuMouchel Related Lawyers George B. Donnini Damien DuMouchel David F. DuMouchel Michael J. Lavoie Joseph E. Richotte William B. Slowey Services Antitrust Investigations Environmental Criminal Investigations Grand Jury Investigations Health Care White Collar Investigations Internal Investigations Public Corruption Securities Fraud Tax Criminal Defense Trade Secrets Theft White Collar Criminal Defense, Internal Investigations & Corporate Compliance International, federal, state, and local governments subject both businesses and individuals to an array of laws and regulations. Government agencies are increasingly augmenting their civil enforcement efforts with criminal investigations and prosecutions, thereby raising the stakes for all involved parties. This is especially true for individuals, such as corporate officers, directors, managers, and employees, who may face not only high fines and regulatory repercussions, but also incarceration. Butzel Long's white collar criminal defense team has successfully represented corporations and individuals under civil and criminal investigation. We handle all stages of the investigation process, and we work with prosecutors and law enforcement officials to secure the best possible outcome for our clients. Our attorneys are experienced trial lawyers that have handled hundreds of criminal investigations and complex jury trials and appeals. We have vast experience with antitrust enforcement, bank and thrift institute supervision, Clery Act compliance, copyright and other intellectual property violations, customs fraud, cybercrimes, employment issues, environmental violations, government defense contracts, health care, compliance, health care fraud, insurance compliance, mail fraud, mortgage fraud, securities compliance, securities fraud, tax fraud, and wire fraud. We have managed federal investigations by the Department of Defense, the Department of Education, the Department of Health and Human Services, the Department of Homeland Security, the Department of Housing & Urban Development, the Department of Justice, the Environmental Protection Agency, the Federal Bureau of Investigation, the Internal Revenue Service, the Postal Service, and the Securities & Exchange Commission. We have also represented clients facing the European Union's Commission on Competition and Japan's Fair Trade Commission. Aside from being reactive, our attorneys help corporate clients develop and strengthen compliance and reporting programs to avoid legal noncompliance. We counsel before regulators and prosecutors become involved. When it comes to addressing other non-criminal, legal issues that arise during an investigation, our team taps the experience of our colleagues in the antitrust, bankruptcy, commercial, corporate, employment, environmental, health care, insurance, real estate, and taxation areas that can help us handle all issues. Our integrated approach resolves clients' matters promptly, efficiently, and effectively. Experience Represented multiple Japanese Auto Supplier companies in criminal antitrust investigations conducted by the Department of Justice, Antitrust Division (Washington, DC)

2 Defended a national insurance company against third party and class action claims alleging its participation in securities and common law fraud Defended international tobacco company in several class actions alleging fraud and product liability claims Obtained a complete declination of all proceedings, criminal and civil health care fraud, against pharmaceutical client by the US Attorney's Office in Dallas Directed internal investigation concerning alleged SEC issues of entertainment distributor Completed internal corporate investigation of records and document management corporation and reported findings to SEC. Conducted internal investigation and alleged environmental violations by public company. Internal investigation and report regarding a University's response to campus murder Obtained a declination of prosecution for an accounting officer of an international automotive supplier after investigation by the DOJ and the SEC Obtained summary judgment in multiple defendant mortgage fraud case alleging RICO and other claims Represent client after it was "raided" by US EPA Represented a company in connection with a bribery investigation. Represented a defense contractor accused of fraudulently supplying non-conforming materials to the Department of Defense. Represented a former employee accused of stealing more than $100 million worth of trade secrets from his employers in violation of the federal economic espionage act. Represented a former high-ranking government official in connection with a public-corruption investigation. Represented a major automotive supplier under investigation for allegedly participating in a several hundred million dollar international antitrust price-fixing conspiracy. Represented a major international cement and concrete corporation accused by private litigants of participating in a several hundred million dollar antitrust price-fixing conspiracy. Represented a major law firm partner in connection with tax shelter investigation conducted by the DOJ Criminal Tax Division Represented a physician accused of illegally prescribing pain

3 medication to individuals without a medical need. Represented a public company in an SEC investigation involving revenue recognition issues which, after significant document production and SEC depositions, culminated in a no action termination letter being issued by the SEC Represented a sales executive accused of helping a Fortune 500 company's employee steal tens of thousands of dollars from the customer-company. Represented a witness involved in stock options back-dating investigation by the United States Attorneys Office for the Northern District of California Represented an attorney in criminal matter involving kickbacks on vendor contracts being funneled to corporate executive of company Represented auto supplier in securities fraud investigation in New York and California. Represented CFO of a non-profit hospital for securities fraud; case settled no jail or fine, SEC restitution Represented executive of an environmental company charged with criminal violations of the Clean Water Act and related environmental statutes Represented numerous individual and corporate defendants facing federal criminal prosecution arising from allegations of wire and mail fraud, tax fraud, insider trading, healthcare fraud, environmental crimes, theft of trade secrets and drug conspiracy Obtained acquittal of pharmaceutical company executive in federal trial in Boston following 4 month jury trial Represented pharmaceutical company in Qui Tam case in Boston. Represented physician in federal indictment for prescription abuse causing death. Represented the CFO of a public company in a significant SEC enforcement action alleging 10b-5 and 17(a) violations in federal court in the Eastern District of Michigan Represented the President of a company that distributes pharmaceuticals to nursing homes in a case the Michigan Attorney General referred to as "the largest criminal Medicaid fraud case ever initiated in Michigan." Routinely represent individuals and companies subject to SEC subpoenas and investigations concerning alleged violations of securities law with respect to a wide variety of financial transactions SEC Enforcement Action: Corporate Representation Regarding Alleged GAAP Accounting Irregularities

4 Successfully represented officer of pharmaceutical company in largest health care fraud trial to date in U.S. District Court in Boston Obtained acquittal of attorney charged with criminal contempt in federal court matter Obtained complete acquittal of defendant charged in 83 count federal RICO indictment following 3 month jury trial Obtained not guilty verdict at criminal antitrust trial for President of concrete company Represented Assistant United States Attorney in investigation brought by Justice Dept Office of Professional Responsibility Represented attorney in federal antitrust.-related investigation Represented auto supplier in major US and foreign antitrust investigation Represented Company in federal antitrust investigation re transportation industry Represented Corporation in federal antitrust civil class action re automotive products Represented multiple Corporations in federal antitrust investigation re highway contracts Represented multiple employees/ executives/ officers in major US and international antitrust investigations Represented President of Corporation in federal antitrust investigation re compressors News Media Releases Butzel Long attorney Joseph E. Richotte featured during Criminal Justice Act Panel program hosted by Federal Defender Office Eastern District of Michigan on September Butzel Long included in Best Law Firms rankings by U.S. News and Best Lawyers Butzel Long attorneys named to Chambers USA Butzel Long receives Pro Bono Service Award from Detroit Metropolitan Bar Association Butzel Long attorney David F. DuMouchel featured recently during Inside Counsel Magazine s annual SuperConference in Chicago News in brief Butzel Long attorney Joseph Richotte discusses confidential settlement agreements between local government and online travel companies Butzel Long attorney George B. Donnini discusses federal government's probe into price-fixing in the U.S. auto supply chain

5 Butzel Long attorney David DuMouchel discusses antitrust probes Publications Articles, presentations & briefs Healthcare and White Collar Defense - Regulatory Update - December 2007 Client alerts Environmental - More Environmental Cases are Going Criminal: How to Protect and Prepare - The Value of Audits and Compliance Programs Automation Alley Newsletter Client Alert: Business - New Federal Sentencing Guidelines Amendments Reward Strong Corporate Compliance Programs