White Collar & Regulatory Defense

Experience

    • Rolls-Royce in an internal investigation and coordinated resolutions with UK, U.S. and Brazil investigating authorities relating to bribery and corruption involving intermediaries in a number of overseas markets.
    • A major automobile manufacturer in response to bribery and corruption concerns brought by various U.S. federal agencies.
    • A multinational publicly traded company and an international media conglomerate in FCPA advice and internal investigations arising out of the FIFA investigations.
    • A Russian telecommunications company and its audit committee in a review of transactions relating to the operations of one of the company’s Central Asian subsidiaries.
    • A European-based international construction group in an internal investigation of potential anti-corruption in Latin America.
    • FanDuel in a review of the company’s internal controls, standards, and practices.
    • A leading pharmaceutical company in investigating possible FCPA violations in several countries around the world, including Nigeria, Venezuela, and Ecuador.
    • KKR in its settlement with the SEC concerning the allocation of broken deal expenses.
    • A major international bank in responding to an investigation into its auto lending and securitization business.
    • A leading private equity firm in an SEC inquiry concerning the allocation of legal expenses and settlement amount to client funds in a private antitrust case.
    • JPMorgan Chase & Co. in federal and state investigations of mortgage servicing, foreclosure and origination related issues, including relating to the $25 billion settlement with DOJ, State Attorneys General and other federal authorities, and in SEC and other regulatory investigations relating to the issuance of RMBS securities.
    • JPMorgan Chase Bank, N.A. in investigations by several State Attorneys General and a federal regulator into credit card collections and debt sale practices.
    • Toyota in various U.S. state and federal inquiries and investigations relating to vehicle acceleration issues.
    • Four separate Swiss banks in the DOJ’s program designed to encourage Swiss banks to cooperate in the DOJ’s investigations of the use of foreign bank accounts to commit tax evasion.
    • A leading investment management firm in a non-public investigation by the SEC.
    • A financial institution in a DOJ investigation of potential corruption associated with investments by a Middle Eastern sovereign wealth fund.
    • Independent directors of News Corporation in allegations relating to phone-hacking in the United Kingdom.
    • Siemens AG’s Audit Committee in a world-wide investigation into possible corrupt payments to government officials leading to an early settlement with the U.S. and German authorities.
    • A national bank in an anti-money laundering investigation by New York authorities.
    • A Fortune 100 company in civil and criminal investigations regarding possible FCPA violations, resulting in both the DOJ and SEC closing their investigations without bringing any charges or seeking any penalties.
    • A leading natural resources group in its criminal investigation by the SFO into allegations of fraud, bribery and corruption relating to the activities of the company or its subsidiaries in Kazakhstan and Africa.
    • The Audit Committee of a Chinese pharmaceutical manufacturer that is publicly listed in the U.S. in an investigation of potential corruption issues arising under the FCPA.
    • Kenneth D. Lewis, former CEO of Bank of America, in regulatory matters relating to the Merrill Lynch acquisition, including defense against civil claims brought by the New York Attorney General and various civil securities and derivative cases.
    • Léo Apotheker, former CEO of Hewlett-Packard Company, in securities class actions, derivative litigation and regulatory inquiries arising from HP’s acquisition of Autonomy.
    • A major global financial institution in federal and state regulatory investigations relating to auction-rate securities.
    • A leading multinational candy and confections manufacturer in responding to allegations that employees in one of the company’s overseas subsidiaries were making charitable donations in return for favorable action by local government officials.
    • A major consumer products company in an investigation into the use of third parties in Southeast Asia.
    • A large integrated oil and gas company in a review of issues related to questionable payments in Africa and Asia.
    • Ferrostaal, a global provider of industrial services in plant construction and engineering, in an extensive internal compliance investigation relating to allegations of corruption and other wrongdoing in several jurisdictions.
    • A Special Committee of the board of directors of Merck, charged with conducting an internal investigation of the Company’s conduct in the development and marketing of Vioxx.
    • The former global head of structured-products ABS collateralized debt obligations at a major investment bank in an SEC inquiry into the offering of notes in a synthetic CDO.
    • A leading international pharmaceutical company in an FCPA investigation in Europe relating to marketing practices.
    • ACE Bermuda in investigations by various state attorney generals, insurance departments and the SEC, alleging antitrust violations and improper broker compensations, business placement and financial statement practices; allegations resulting in shareholder derivative and class action litigation.
    • Numerous employees on the FX Spot Desk in New York and London in ongoing investigations by, among others, the DOJ and FCA.
    • Forest Laboratories and Forest Pharmaceuticals in the settlement of civil and criminal investigations led by the United States Department of Justice and the United States Attorney’s Office for the District of Massachusetts, and related civil qui tam litigation, regarding marketing, promotional and other activities for its products Celexa, Lexapro and Levothroid.
    • Universal Music Group in the New York State Attorney General’s investigation of radio promotion practices.
    • Keppel Offshore & Marine Ltd in an internal investigation and coordinated resolutions with the U.S., Brazilian, and Singaporean criminal authorities in relation to corrupt payments to Petrobras and other Brazilian officials.
    • Bank of New York in a U.S. Department of Justice investigation into allegations of money-laundering and deficient AML controls, as well as other Bank Secrecy Act issues.
    • A global corporation in an investigation into alleged conduct by current and former employees that potentially violated the Foreign Corrupt Practices Act.
    • Michael Kelly, former Chief Financial Officer of AOL Time Warner, in an SEC investigation into AOL’s advertising revenues.
    • An internal investigation of a multi-national insurance company in simultaneous investigations by more than 15 U.S. federal and state regulators, including the New York Attorney General, the SEC, state attorneys general and state insurance departments alleging improper broker compensation, business placement, and financial statement practices.
    • Vincent Tchenguiz, in judicial review proceedings brought in respect of search warrants issued against Mr. Tchenguiz and Vincos Ltd, a company which provides advice to the Tchenguiz Family Trust and which is chaired by Mr. Tchenguiz, relating to a Serious Fraud Office investigation into the collapse of Kaupthing Hf., an Icelandic bank.
    • Syracuse University in investigations by the United States Attorney’s Office and the Special Committee of the Syracuse University Board of Trustees, which arose as a result of allegations of sexual abuse made against Bernie Fine, former Associate Head Coach of the University’s men’s basketball team. These investigations ended without any charges being brought.
    • Founder of PokerStars, the World’s largest online poker cardroom, in his defense of criminal charges currently pending in the United States District Court for the Southern District of New York.
    • Numerous clients on compliance issues arising from the implementation of the new UK Bribery Act, including reviewing and devising compliance manuals and programmes.
    • Creation of anti-corruption compliance programs for numerous clients in the financial services, asset management, private equity and other industries.
    • We have served as independent 10A counsel for a number of major companies around the world, conducting investigations relating to allegations of accounting improprieties in representations that remain confidential. Some of these matters include investigations for:
    • The Audit Committee of a multi-national automaker into accounting for commodity purchases;
    • The Audit Committee and senior management of a major consumer products company into a whistleblower allegation relating to tax reserves and other accounting issues;
    • The Management Board of a German corporation of accounting issues at a subsidiary that arose in a German GAAP to US GAAP conversion following the sale of the subsidiary to a U.S. company (PwC were auditors of both the German company and the U.S. acquirer);
    • The Audit Committee and senior management of a multi-national mining company into a whistleblower allegation relating to environmental reserve accounting;
    • The Audit Committee of a prefabricated housing manufacturer into allegations of improper accounting for liability and other reserves; and
    • The Audit Committee of a marketing company into allegations of improper revenue recognition and other accounting irregularities.