White Collar & Investigations
Strategic advice on critical matters.
Top companies and senior executives rely on Perkins Coie to navigate high-stakes investigations, government enforcement actions, and related litigation.
Our team is ranked nationally by Chambers USA for our breadth of experience and our outstanding results in sensitive investigations and matters. With a deep bench comprising former U.S. Department of Justice (DOJ) prosecutors, U.S. Securities and Exchange Commission (SEC) staff attorneys, and experienced trial lawyers, we have obtained exceptional outcomes for our clients, including declinations with no charge, reversals on appeal, non-prosecution agreements, and deferred prosecution agreements. Many of our best outcomes remain confidential because they resulted in no public disclosure.
Our lawyers handle matters including criminal and regulatory investigations and enforcement proceedings by the DOJ, SEC, Commodity Futures Trading Commission, Office of Foreign Asset Control, Financial Crimes Enforcement Network, Federal Reserve, Federal Trade Commission, Internal Revenue Service, Financial Industry Regulatory Authority, state attorneys general, and district attorneys. Our courtroom wins have spanned federal and state trial and appellate courts around the country.
As regulations evolve, clients seek our advice to reduce risk proactively. To that end, we design, implement, and audit corporate compliance programs.
How we help clients
- Conducting internal investigations.
- Defending in government investigations and enforcement actions.
- Litigating parallel civil proceedings.
- Advising on regulatory strategy.
- Designing and implementing compliance programs.
We frequently represent
- Public and private companies.
- Boards and board committees.
- Senior executives and employees.
Our Team
Areas of Focus
Investigations
We conduct internal investigations and defend government investigations for corporate and individual clients around the world. These involve matters of U.S. securities and commodities laws such as insider trading, anti-bribery/anti-corruption, anti-money laundering, economic sanctions, wire fraud, cybercrime, economic espionage, embezzlement, False Claims Act (FCA), antitrust and unfair competition, congressional investigations, and workplace conduct.
Securities & Commodities Enforcement
Our team of former SEC enforcement branch chiefs and attorneys and other experienced practitioners lead clients through DOJ and SEC investigations arising from complex trading practices and platforms in the securities and commodities markets, digital asset and cryptocurrency products, and private funds, among other areas. We have played an instrumental role in shaping government efforts to regulate and legislate practices in blockchain and cryptocurrency.
Anti-bribery / Anti-corruption / Foreign Corrupt Practices Act (FCPA)
We help clients prevent, detect, and remediate U.S. and international anti-bribery and anti-corruption issues associated with the FCPA, the Travel Act, and the U.K. Bribery Act, among others. Clients turn to us to design compliance programs, conduct internal investigations, and perform third-party due diligence, defend in enforcement proceedings, and resolve government inquiries. Our team includes former DOJ, SEC and other government attorneys.
Monitorships
We have a deep understanding of the complexity and necessity of truly independent evaluation and oversight. Our reputation as trusted and ethical advisors with superior legal skills has been recognized by numerous courts, federal government agencies, and state bars, which have selected us for several high-profile monitorships, compliance consultancy, and receivership assignments. Our approach is simple: we faithfully execute assignments to the satisfaction of the government while working efficiently with company management.
False Claims Act (FCA)
We handle bet-the-company cases involving billions of dollars in claims. We also have significant depth in FCA counseling for defense contractors, healthcare companies, and individuals.
Cybercrime Investigations
Our lawyers routinely handle cyber incidents in the United States and around the world. With a team that includes a Certified Information Systems Security Professional (CISSP) and former DOJ national security officials and cybercrime prosecutors, our bench includes lawyers with knowledge relevant to every stage of an incident response, from preparation to lessons learned, as well as post-breach regulatory inquiry and litigation. While not every breach requires notification or disclosure, each one requires an individualized response tailored to the facts and an evaluation to minimize the risk of future breaches.
Ethics & Compliance
Our capabilities cover compliance program drafting and implementation; proactive code of conduct review and trainings; day-to-day compliance counseling and issue spotting.
Environmental Compliance & Enforcement
We provide clients with experienced advice on a variety of environmental, health, and safety matters. Our services cover issues related to water and air quality, hazardous substance management, and compliance with permits. Our lawyers are well-versed in compliance and enforcement strategies and have significant experience negotiating with agencies like the DOJ, Environmental Protection Agency (EPA), and other federal, state, and local bodies. We also defend clients against enforcement actions under the Clean Air Act, Clean Water Act, and other laws.
Supply Chain Compliance & Corporate Social Responsibility (CSR)
We are the first AmLaw 100 law firm to develop a dedicated practice in this area. We help clients achieve practical compliance and meaningful risk minimization, and we help them reap the benefits of maintaining compliant and responsible programs. Our team of former government officials and subject matter professionals takes an opportunities-based approach that is integrated with our clients’ overall business strategies.
The Corporate Transparency Act
White Collar Briefly
Insights
News
Professional Experience
Investigations
- Conducted internal investigation for U.S. auto manufacturer related to potential consumer protection violations and negotiated resolution with state and federal authorities.
- Conducted internal investigation for food manufacturer related to potential federal and state consumer protection litigation.
- Investigate instances of potential employee misconduct for Fortune 100 technology manufacturer, coordinate forensic accounting analysis, and provide counsel regarding internal controls and remediation.
- Engaged by the University of Colorado to conduct an internal review relating to former student and Colorado theater shooter James Holmes and provide appropriate recommendations.
Securities & Commodities Enforcement
Represented former CEO of global financial services company in a matter involving claims of market manipulation by the DOJ and CFTC.
Represented the former chief risk officer of Countrywide Financial Corporation, the country’s largest mortgage lender, in investigations by the SEC and other authorities and in securities litigation.
Represented numerous individuals and entities in various SEC insider trading investigations and obtained criminal declinations and/or “no admit, no deny” resolutions.
Represented numerous entities in cryptocurrency investigations conducted by state and federal agencies, including 12 SEC investigations relating to whether entities raised funds through an unregistered public offering, or acted as unregistered broker-dealers or investment companies.
Antibribery / Anticorruption / Foreign Corrupt Practices Act (FCPA)
- Represented Fortune 100 company in DOJ and SEC investigations of alleged violations of the FCPA in multiple countries throughout the world.
- Conducted multiple internal investigations for Fortune 500 companies on FCPA, Travel Act, and bribery/corruption issues, and conducted FCPA compliance training for multiple multinational companies.
- Representing a leading South American sports production company in the DOJ’s FIFA investigation and prosecution, successfully securing and completing the first corporate deferred prosecution agreement in the case.
- Drafted and oversaw the implementation of an anti-corruption compliance program for an Africa-based construction company sanctioned by the World Bank for engaging in fraudulent business practices. Our client was released from sanctions at the earliest available release date.
Monitorships
- Engaged as an independent compliance consultant for a multinational financial institution in order to conduct an independent end-to-end trade surveillance program review in connection with settlements with multiple financial regulators including the Commodity Futures Trading Commission (CFTC), the Office of the Comptroller of the Currency (OCC), and the Federal Reserve.
- Served as a lead counsel for an FCPA monitor appointed by the DOJ and SEC, to oversee, evaluate, and test the anti-corruption compliance program of a multinational company, pursuant to the terms of a Deferred Prosecution Agreement.
- Served as the SEC receiver in the Madoff matter, in which we were tasked to secure the offices and documents of the Madoff organizations and begin the investigation (which was ultimately taken over by the SIPC trustee).
- Served as the independent examiner in the Computer Associates case following the prosecution of a majority of the C-suite managers of that technology firm.
Served as the SEC receiver in the Kidder Peabody and Martin Segal cases and the escrow agent in the Boesky case.
False Claims Act
- United States ex rel. Holmes v. Huntington Ingalls Incorporated and Northrop Grumman Corporation. Secured a significant victory for Huntington Ingalls Industries and Northrop Grumman Corporation when a Mississippi federal judge dismissed a $2.5 billion False Claims Act suit against our clients and disqualified the relator.
- United States ex rel. Berglund v. Boeing Company. After nearly a decade of litigation, we secured the voluntarily dismissal of civil fraud claims and dismissal of a retaliation claim.
- United States ex rel. DeKort v. Northrop Grumman Shipbuilding, Inc. Successfully defended Northrop Grumman against claims that it violated the False Claims Act case in connection with the U.S. Coast Guard's Deepwater Program. The court granted Northrop Grumman's motion for summary judgment and dismissed relator's claim seeking $720 million in damages in connection with eight 123-foot patrol vessels delivered to the Coast Guard.
- United States ex rel. Erickson v. University of Washington Physicians. Defended a high-profile Medicare fraud case involving teaching physician services provided to Medicare and Medicaid beneficiaries.
- United States ex rel. Grayson v. Genoa Healthcare. Defeated Medicare fraud and kickback allegations against a national chain of specialty pharmacies through waiver of co-payments and related allegations.
- United States ex rel. Kerr & Wynalda v. Boeing Company. Represented Boeing in a pair of consolidated qui tam lawsuits alleging that Boeing committed fraud in the sale of aircraft to the U.S. Air Force and Navy, and that Boeing retaliated against relators in violation of the FCA. We obtained summary judgment on the civil fraud claims, and a jury verdict in favor of Boeing on the retaliation claims.
- United States ex rel. Prather v. AT&T Inc. Represented Sprint Nextel Corporation and Qwest Communications International in a qui tam lawsuit related to charges for wiretaps and other surveillance services.
- United States ex rel. Prewitt v. Boeing Company. We represented Boeing to defend a relators' claims of civil fraud in connection with Boeing's sale of commercial derivative aircraft to the government in a matter that received substantial media attention.
- United States ex rel. Rille v. Microsoft Corp. Successfully defended Microsoft Corp. in a qui tam lawsuit related to the sale of software to federal agencies.
- United States v. MD Spine Solutions LLC, D/B/A MD Labs Inc. et al. Successfully resolved an investigation led by the Office of the U.S. Attorney for the District of Massachusetts in parallel with numerous state attorneys general for alleged violations of the False Claims Act and the Anti-Kickback Statute based on a novel theory involving the reporting of test results for drug tests. The U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services were also involved, as was a qui tam.
- United States ex rel. Johnson et al. v. Therakos, Inc. et al. Successfully represented the client, the private equity owners of a medical device company, in a False Claims Act investigation involving the Office of the U.S. Attorney for the Eastern District of Pennsylvania and numerous state attorneys general alleging off-label promotion. The matter settled favorably at a small fraction of the amount initially demanded by the government.
- United States ex rel. Zemplenyi v. Group Health Cooperative. Successfully defended Medicare fraud and whistleblower retaliation claims brought by a staff ophthalmologist against a leading health maintenance organization related to allegedly unnecessary cataract surgeries.
- Represented Google in negotiating a nonprosecution agreement with the District of Rhode Island related to Canadian online pharmacy ads.
- Conducted internal investigation for a major university into potential false claims violations relating to federal grant funding.
- Successfully represented the family trusts that held the value of one of the world’s largest privately held medical device manufacturers in the settlement of an investigation led by the Office of the U.S. Attorney for the District of Massachusetts that involved allegations of false claims based on kickbacks and improper marketing.
- Successfully represented a prime contractor in an investigation led by the Office of the U.S. Attorney for the Eastern District of Virginia relating to false claims by a subcontractor, resulting in no liability for our client.
- Represented a government contractor in an investigation conducted by an agency office of inspector general.
- Represented a defense contractor in an internal investigation regarding False Claims Act issues.
- Represented a healthcare device manufacturer in a government False Claims Act investigation.
- Advised government contractor regarding disclosure and reporting obligations including in connection with the False Claims Act.
Supply Chain Compliance & Corporate Social Responsibility
- Advising public companies on matters concerning supply chains (e.g., conflict minerals, anti-slavery reporting), safety, marketing, and environment.
- Counseled transnational company in a federal class-action lawsuit alleging the company’s anti-trafficking disclosures misled consumers.
- Selected to serve as a World Bank Group advisor and monitor to an Africa-based company seeking reinstatement following debarment. Suspension was lifted in October 2015 (only 2% of debarred companies are reinstated).
- Represented (and represent) high-profile clients in multicontinent investigations and DOJ/SEC disclosures. Routinely collaborate with the firm’s dedicated FCPA and Anti-Corruption practice.
- Prepared California Transparency in Supply Chains Act and UK Modern Slavery Act disclosure statements for dozens of U.S. and foreign companies in a cross-section of industries.
- Routinely conduct anti-trafficking and anti-corruption investigations around the globe, including in Botswana, Brazil, China, Ethiopia, Ghana, Guinea, India, Indonesia, Kazakhstan, Liberia, Peru, Russia, Tanzania, Ukraine, and Uzbekistan.
Other
Represented and counseled individuals facing simultaneous actions by multiple regulators, including the SEC, CFTC, Federal Reserve, IRS, FINRA, Illinois Department of Securities, and various state prosecutors.
Represented an international financial institution in connection with the LIBOR rate-rigging investigation conducted by DOJ and the CFTC.
Represent numerous entities in cryptocurrency investigations being conducted by state and federal agencies, including the SEC. Handled 12 SEC investigations relating to whether various entities raised funds through an unregistered public offering, and whether they acted as unregistered broker-dealers or investment companies.
Obtained a $14.8 million jury verdict on behalf of Ameritox Ltd. in unfair competition case in federal court in Tampa.