Olshan litigators have successfully represented corporations and individuals in high-stakes, sensitive and complex investigations and criminal white collar cases.
Overview
Led by skilled litigators including former state and federal prosecutors, our Litigation Group has significant experience in handling white collar criminal defense and internal investigations. We have successfully advocated for clients in dozens of trials, guiding clients through myriad legal, business, disclosure and other issues that emerge in such cases.
Individuals and companies often retain us to advise and represent them in connection with investigations, regulatory enforcement actions, and prosecutions brought by a wide variety of federal and state authorities, including the U.S. Department of Justice (DOJ), various U.S. Attorneys’ Offices, the New York State Attorney General, various state prosecutors and district attorneys’ offices. Our litigators have favorably resolved numerous high-profile multi-agency cross-border cases, and related parallel civil and administrative actions. We are especially skilled in navigating cases for foreign clients facing investigations and prosecutions in the United States.
Our Approach to White Collar Criminal Defense
Proactive, efficient and client focused, we tailor our approach based on each client’s specific needs and can assemble a team and leverage the firm’s resources, as needed, to ensure the most successful outcome possible for our clients.
With our vast experience in criminal defense, securities enforcement and advertising enforcement, as well as cross-border issues, we understand how the government builds cases. This experience is critical in responding to investigations, negotiating agreements and minimizing liability. Often, we have been instrumental in resolving investigations before any public action on the part of the regulatory authority or by entering into acceptable agreements that avoid or reduce liability.
Internal Investigations
When our corporate clients suspect internal wrongdoing, frequently they call on us to conduct internal investigations to determine the scope of the problem, work toward resolving it and guide them through the process of regulatory scrutiny. Our internal investigations have focused on a wide range of issues, including alleged violations of the Foreign Corrupt Practices Act (FCPA), insider trading and other federal securities laws, antitrust law, as well as data privacy breaches, whistleblower claims, and sexual harassment and other misconduct allegations. When handled successfully, the results of internal investigations can help deter or blunt regulatory intervention and exposure to civil litigation. However, if a formal prosecution or enforcement action is taken, we are committed to advocating tirelessly for our clients, leveraging our substantial experience at trial and appellate levels.
Investigations Worldwide
We routinely manage cross-border investigations of our clients’ operations in foreign countries, including Turkey, India, Latin America, Asia/China and throughout Europe.
A Broad Client Base
Our corporate clients come from a wide variety of industries, including securities, banking and capital markets (especially broker-dealers, hedge funds, investment banks, and foreign and U.S. commercial banks), accounting, high tech, construction and real estate. We also represent the directors, officers and employees of such companies.
Internal Investigations
- Conducted an 18-month complex internal investigation of a prominent international organization concerning allegations of corruption and fraud in its cross-border effort to aid Syrian refugees and violations of the FCPA. Robert Appleton led the representation.
- Conducted an internal investigation on behalf of a major European bank related to claims that the institution accepted tainted funds from certain Russian oligarchs in violation of the anti-money laundering laws in several countries. Robert Appleton led the representation.
- Conducted internal investigation for a transnational shipping company of possible violations of the False Claims Act, FCPA and Espionage Act. John Moon led the representation.
- Conducted internal investigation on behalf of a financial institution related to the $1 billion collapse of Platinum Partners. John Moon led the representation.
White Collar Criminal and Regulatory Matters
- Litigation partner Robert Appleton is representing several defendants in the Brazil/United States combined prosecutions of several Brazilian nationals in the Lava Jato (Operation Car Wash) cases in the Eastern District of New York. Operation Car Wash was reportedly the largest corruption investigation in Brazilian history.
- Successfully represented witnesses in connection with the $2.9 billion Malaysia 1MDB settlement. John Moon led the representation.
- Litigation partner Robert Appleton led the effort that achieved a complete dismissal of all charges lodged against Canadian national Mauricio Siciliano, who was arrested on an international flight to the U.S. from Europe and charged with money laundering, fraud and corruption in United States v. Mauricio Siciliano, 102 F. Supp. 1124 (N.D. Cal. 2015). The court ruled that the indictment failed to state an offense because (1) the wire fraud and bribery charges did not apply extraterritorially; and (2) that the charges violate due process because there is an insufficient domestic nexus to prosecute Mr. Siciliano in the U.S. Appleton also successfully represented Mr. Siciliano regarding administrative charges brought by the International Civil Aviation Organization, a division of the United Nations.
