Government and Internal Investigations
At Robins Kaplan LLP, our government and internal investigations team is led by two former Presidentially-appointed United States Attorneys and staffed by former Department of Justice and Securities and Exchange Commission prosecutors and by partners with deep experience conducting complex, highly sensitive internal investigations on behalf of individuals, companies, corporate boards, and special committees. Our team handles internal investigations that often begin in “crisis management” mode, can become the subject of intense public scrutiny, and can involve a variety of areas, such as regulatory compliance, employment issues, fraud, corporate governance, and criminal misconduct. Our partners who served as U.S. Attorneys have extensive experience in the grand jury process. Our government and internal investigations team boasts multiple lawyers who have tried in excess of 30 criminal trials. We represent our clients in state and federal agency and administrative investigations and proceedings, in state and federal criminal investigations, and in private litigation closely related to the original criminal investigation. We strive to help our clients navigate the complexities of their situation, whether that be through behind-the-scenes efforts or courtroom advocacy.
Our clients’ successes reflect our extensive government and internal investigation experience and the in-depth, innovative strategic approach we bring to our investigations and post-investigation remediation. It’s an approach designed to empower our clients to make their best possible business decisions by providing detailed analyses of all ramifications of the crisis at hand, including the possibility of future criminal and civil investigations, the potential criminal and civil penalties, and the investigation’s present and future impact on our client’s financial well-being and public image. We also understand that even the most difficult investigations often yield information that clients want to use to strengthen their business and avoid similar situations in the future. For that we turn to our corporate compliance team, led by a former Fortune 500 Chief Ethics Officer, to work with clients on post-investigation remediation and legal risk assessment.
Criminal and Other Government Investigations
We represent clients through the investigation, resolution, and trial of government-led inquiries. Our experience includes numerous criminal and federal and state regulatory offenses such as allegations related to:
- Bank Fraud and Related Crimes
- Election Related Crimes
- Health-Care-Related Violations (including, among others, Medicare/Medicare fraud, kickbacks, off-label allegations, etc.)
- Corporate Theft and Bribery
- Securities-Related Violations
- Environmental Crimes
- False Statements (under 18 U.S.C. § 1001 and otherwise)
- The Foreign Corrupt Practices Act (“FCPA”)
- Tax-Related Crimes
- Economic Espionage
Corporate Governance and Internal Investigations
We guide clients through all aspects of internal investigation and governance needs including:
- Internal Investigation Framing and Leadership
- Witness Interviews
- Investigation Summaries and Reports
- Post-Investigation Litigation
- Post-investigation Remediation
Clients and Industries
- Corporate Boards of Directors (including audit committees)
- General Counsel
- Internal Investigation Teams
- Professional Athletes
- Professional Sports Teams
- Special Committees of Boards of Directors and Other Entities
- State Boards
Selected Case Results*
- Lead counsel representing a special committee of the board of directors in an internal investigation into multi-million dollar fraud scheme perpetuated by employee and other allegations.
- Lead counsel representing company in executing response plan and investigation after Secret Service identified fraudulent credit card activity emanating from one of the company’s locations.
- Lead counsel representing a special committee of the board of directors in an internal investigation and review of large non-profit’s compliance policies, procedures, management, oversight, and reporting systems.
- Lead counsel representing a large nonprofit in their response to DOJ Office of Justice Program’s Office of Civil Rights (“OJP OCR”) investigation into alleged violations of federal regulations designed to ensure that grant dollars from the Office of Violence Against Women were not used to directly subsidize religious activities. Robins Kaplan coordinated the non-profit’s response to OJP OCR, negotiated acceptable corrective measures and assisted client non-profit in ensuring timely and successful implementation of the remedial measures to support ongoing compliance.
- Lead counsel for broker in a high-profile investigation and enforcement action by a state securities regulator. The regulator alleged that the broker’s firm sold auction rate securities to a municipality that did not and could not authorize the purchase of such instruments, and that the investment was unsuitable. The case settled before trial with a minimal fine, no suspension, and no finding of violation of law.
- Lead counsel for a technology company that was a victim of trade secret theft in assisting victim in responding to subpoena from defendant in federal criminal action.
- Katun Corp. v. Clarke, 484 F.3d 972 (8th Cir. 2007). Represented internal investigation of corporation relating to alleged violations of Foreign Corrupt Practices Act, mail-fraud statutes, wire-fraud statutes, illegal campaign contributions, computer fraud, tax crimes, escheat statutes, and other crimes. Counsel defending Katun Corporation in concurrent federal grand-jury investigation. After settling with the United States and paying approximately $11 million, served as lead counsel in settlement reached with former shareholders for $11.65 million. After U.S. District Court held the settlement violated public policy, the Eighth Circuit Court of Appeals reversed and reinstated the settlement.
- Minnesota Vikings. Represented the Minnesota Vikings in connection with the Arctic Blast investigation in 2003, including allegations of sexual misconduct and improper expenditures.
* Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
Brendan V. Johnson
Co-Chair, American Indian Law and Policy Group;
Co-Chair, Government and Internal Investigations Group
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
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