JMBM's White Collar Defense & Investigations Group is keenly focused on our clients’ business objectives and is committed to minimizing the disruption, anxiety, and public scrutiny that can arise from criminal and civil investigations and litigation. The White Collar Defense & Investigations Group is a leader in the representation of companies, boards of directors, management, and individuals throughout California in connection with a broad range of government investigations, enforcement actions, remediation and compliance, administrative proceedings, internal investigations and white collar criminal investigations and prosecutions.
Our white collar attorneys have been recognized by the Best Lawyers in America guide (white collar criminal defense) and the Los Angeles Business Journal (top litigators & trial lawyers).
Practice AreasOur attorneys have significant experience in representing clients in matters relating to the Foreign Corrupt Practices Act (FCPA) and related laws such as the UK Bribery Act. Because these matters generally involve multiple international locations and regulators, we have developed strong working relationships with local counsel around the world who provide the local knowledge and relationships necessary for effective representation.
Legal ServicesThe White Collar Defense & Investigations Group provides a wide variety of services, including:
We are experienced in representing our clients in Grand Jury, SEC, FINRA, NYSE, NFA, CFTC, AAA, JAMS, ADR Services, Special Master, MTA, Special Committee, and state and federal judicial proceedings and trials.
Corporate and Government InvestigationsCompanies face increased scrutiny by federal, state, and local government agencies, as well as private lawsuits alleging corporate misconduct. Companies also sometimes become aware on their own of potential internal misconduct within their organizations. The White Collar Defense & Investigations Group provides expert guidance on conducting privileged corporate internal investigations in both reactive scenarios where companies are under government investigation or are being sued, and proactive scenarios where companies learn of possible internal misconduct and need to investigate to determine potential next steps to protect their interests. The Group understands the sensitive nature of these situations and works with clients to navigate complex issues.
When issues of employee fraud, corruption, or corporate wrong-doing arise, our lawyers represent corporations, boards of directors, and executives in implementing internal investigations, and representing them in related government investigations, enforcement actions, or administrative proceedings. On behalf of our clients we have handled internal investigations regarding numerous issues, including potentially improper referrals, billing practices, alleged regulatory concerns, investigations and complaints by the U.S. government, investigations regarding Stark and anti-kickback violations, and cases brought against entities by the U.S. Department of Justice, and state and local prosecutors.
False Claims Act DefenseJMBM's White Collar Defense & Investigations Group has significant experience representing clients in investigations and litigation involving the federal False Claims Act (FCA) and the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA). The Group is skilled in defending individuals and companies facing government scrutiny at both the federal and state levels.
The Group has handled a broad range of FCA matters including false certifications (express or implied), Medicare or Medicaid overcharging, overbilling, mischarging, providing defective or nonconforming products, misrepresenting qualifications, false statements that are material to payment of false claims, conflicts of interest, and whistleblower claims. The Group also provides advice on how to develop compliance strategies in order to avoid or mitigate issues relating to the FCA.
During the COVID-19 pandemic, businesses received a significant amount of financial assistance from the federal government, through stimulus plans such as the Paycheck Protection Program. Aggressive enforcement and investigation of suspected fraud by companies benefiting from stimulus funds is expected to continue. Through their experience with civil fraud investigations, JMBM's attorneys are well-positioned to help clients minimize risk through compliance, as well as handling investigations, settlements and litigation.
JMBM understands the importance of successfully resolving cases in a way that achieves our clients' goals, and works with them to develop effective approaches to obtain the best possible result.
SEC EnforcementThe White Collar Defense & Investigations Group offers clients counsel during all phases of security enforcement matters including formal and informal investigations, testimony, Wells Submissions and negotiated resolutions as well as administrative, civil and criminal proceedings. The Group has represented public and privately-held companies, broker-dealers, investment banks and accounting firms along with the companies' directors, officers and managers in criminal securities investigations by the Department of Justice and civil enforcement investigations by the SEC. In addition, the Group represents clients before the Financial Industry Regulatory Authority (FINRA), the Commodity Futures Trading Commission (CFTC) and state securities regulators. The Group also develops corporate compliance programs, delivers compliance training and conducts internal investigations.
Anti-Money Laundering Prevention and DefenseAllegations of money laundering offenses can have a significant impact on businesses and individuals. The White Collar Defense & Investigations Group provides defense for banks, corporations and individuals facing a variety of issues related to money laundering. They have substantial experience acting as counsel for clients charged with these offenses or facing forfeiture actions. In addition, our attorneys work with companies to develop and implement compliance programs, provide advice in regards to cash-reporting obligations, review and report suspicious transactions and develop instructions on complying with trade embargoes.
The JMBM White Collar Defense & Investigations Group draws on the experience of some of the country's finest attorneys, including seasoned trial lawyers with expertise in dissuading the government from filing criminal charges or initiating other enforcement actions. Because our team includes a former federal prosecutor with significant trial and appellate experience, our clients have the benefit of knowledge gained from careers spent working both sides of corporate investigations. In cases without reasonable dispute resolution, our Group's accomplished criminal and civil trial counsel zealously defend their clients.