Buckley Sandler’s White Collar defense practice helps our clients, both corporate and individual, navigate every stage of the government investigation process. This includes grand jury investigations, internal corporate investigations, and parallel civil and administrative litigation frequently related to criminal investigations, including Securities and Exchange Commission (SEC) enforcement, suspension, or debarment actions, civil False Claims Act (FCA) suits, professional discipline actions, congressional investigations, and shareholder derivative suits. Whether involving allegations of foreign bribery, financial fraud, national security, antitrust, environmental crimes, or other unique and complex issues, we defend clients in criminal and complex civil matters where bet-the-company sanctions and personal liberty, livelihood, and freedom are on the line.
Over the past two decades, our lawyers have been involved in almost every significant Department of Justice (DOJ) white collar enforcement initiative, including the Enron and AOL accounting fraud matters; the LIBOR and Foreign Exchange rate fixing investigations of major banks; investigations of a global oil company and Volkswagen; and the DOJ's criminal antitrust inquiry into the Japanese auto parts supply and auto shipping industries. We successfully defended individuals at trial in the DOJ’s largest prosecution of individuals under the Foreign Corrupt Practices Act (FCPA), in the then-largest environmental criminal prosecution, and more recently, in a federal prosecution of corruption and fraud in awarding government contracts.
We provide not only strategic guidance, but also intelligent and effective case management and efficient representation. We are committed to obtaining the best possible outcome either by avoiding criminal prosecution or, if need be, defending our clients in court. We have proven time and again that we will take cases to trial, if appropriate, and win. We have the size and experience to handle the largest corporate white collar investigations, and our lawyers have substantial experience guiding individuals through the criminal procedural labyrinth.
Our team includes experienced and talented trial lawyers, recognized repeatedly over the past several decades by judges and their peers for their skill and dedication to representing their clients in criminal investigations. Our team includes several former criminal division Assistant United States Attorneys, the former Maryland Attorney General, the head of the U.S. Attorney’s Office for the Southern District of New York’s Civil Division, and the SEC’s Chief of the Office of Market Intelligence and architect of the SEC’s new whistleblower initiative. Perhaps the highest praise comes from our peers — we are often the first call for other top tier firms when they need to refer a case due to a conflict of interest.
Notable recent work includes:
- Representing Universal Entertainment Corp. (UEC), a large Japanese gaming manufacturer, and Aruze USA, Inc., in litigation brought by Wynn Resorts Ltd. in Nevada state court, as well as in related parallel matters. In the Nevada litigation, Wynn Resorts alleges that UEC and Aruze USA and others, committed FCPA violations that resulted in breaches of fiduciary duties toward Wynn Resorts, and justified Wynn Resorts taking action to forcibly buy back billions of dollars in shares held by Aruze USA at a sizeable discount
- Representing numerous Volkswagen executives and employees in the United States and Germany in ongoing international criminal investigations and civil litigation related to the certification and sale of diesel engines in the United States
- Representing the Managing Director and head of Global Finance for an international investment bank under investigation in the coordinated LIBOR inquiry by multiple international government agencies, including the DOJ, the Commodity Futures Trading Commission, the U.K. Financial Conduct Authority, the U.K. Serious Fraud Office, and the German BaFin
- Representing a senior executive of global oil company in the civil and criminal investigations related to an incident in the Gulf of Mexico
- Represented the former CEO/CFO of an oilfield services company in an SEC enforcement action regarding alleged FCPA violations in Nigeria. Following more than two years of litigation in federal court and extensive discovery, the SEC voluntarily dropped several claims against our client and a favorable settlement was reached just before trial in July 2014. The settlement did not include payment of any money damages or restriction on future employment opportunities
- Represented a former principal of a government contracting company in a corruption and fraud trial brought by the DOJ and the U.S. Attorney in the Eastern District of Virginia; all four defendants who fought the charges were found not guilty by a jury on all charges in 2016
- Represented the owner of a military arms company in the DOJ’s largest FCPA prosecution of individuals; the prosecution involved the first sting operation in an FCPA case using video and wire surveillance and an undercover informant and agents and, after a four-month trial in 2011-2012 ending in a hung jury, all charges were dismissed
- Represented the former Senior Vice President and Controller of Fannie Mae in parallel DOJ and SEC investigations and in related shareholder litigation; the matter involved alleged accounting errors reported in 2004 by the company’s regulator, the Federal Housing Finance Agency (FHFA), which resulted in a $6 billion restatement. Summary judgment and dismissal were granted in the securities fraud class action, completely exonerating our client of the highly-publicized allegations
- Represented the Senior Vice President of W.R. Grace in a prosecution for conspiracy to violate the Clean Air Act through the knowing endangerment of the townspeople of Libby, Montana by the alleged release of asbestos contaminating their air and homes. This was DOJ’s largest and longest environmental crime prosecution which garnered national press attention due to the alleged health impact on 300 residents of Libby. The prosecution was initiated nearly 40 years after the alleged conduct concluded. Our client was acquitted on all charges after a three-month jury trial
- Representing a CEO of a Middle Eastern manufacturing company in a joint, multi-jurisdictional investigation by the DOJ and the U.K.’s Serious Fraud Office involving the FCPA and UK Prevention of Corruption Act, as well as in related civil suits
‘Terrific’ white-collar practice.Legal 500
You have a case involving a witness in Japan. Maybe the witness is a corporate custodian, or a key executive of a party. For whatever reason — a witness’s inability to travel, discovery rules, or simple agreement of the parties — the witness is going to be deposed in Japan. Now what? Based on our...Articles
On Sept. 9, 2015, the Department of Justice (DOJ) issued a memorandum from Deputy Attorney General Sally Quillian Yates announcing that the DOJ would require a company to fully disclose all relevant facts about individuals responsible for the misconduct at issue in order to receive any cooperation...Articles
For years, federal and state prosecutors have touted their willingness to charge individuals as an essential deterrent to white-collar criminal action, often responding to criticism of prosecutions of corporate entities without any accompanying prosecution of related executives. And for years,...Articles
On March 19, 2015, the U.S. Attorney’s Office for the Southern District of New York announced a proposed settlement of a civil fraud lawsuit against a large financial institution (bank). As with many of the U.S. Department of Justice’s recent settlements, the proposed settlement includes a...Articles
Last summer, a lawsuit brought by the Securities and Exchange Commission (SEC) alleging Foreign Corrupt Practices Act (FCPA) violations against two individuals related to Noble Corporation, a global oil and gas drilling services company, nearly went to trial in federal court in Texas. SEC v...Articles
Financial institutions are asking what Attorney General Eric Holder’s resignation means for the future of the U.S. Department of Justice’s financial fraud enforcement program generally, and the Residential Mortgage-Backed Securities (RMBS) Working Group specifically. Launched in 2012 “to...Articles
Actions you take, or don’t take, in the early hours of a government investigation can have costly and far-reaching consequences for a company. At the root of this is the importance of having a plan in place should your company come under investigation, as the last thing you want to be is caught...Articles
Preston Burton was Interviewed for Financial Times - US Anti-bribery Law Set to Remain in Place Under Trump
Preston Burton’s was quoted on December 30, 2016 in a Financial Times article regarding the future of US anti-bribery laws under president-elect Trump. The article reported, “President-elect Donald Trump once said that a landmark US anti-bribery law put American companies ‘at a huge disadvantage’...In The News
Buckley Sandler LLP has again been noted as one of the nation’s top law firms, with recognition of four practice areas by The Legal 500 in its 2016 rankings: Financial Services: Litigation Financial Services: Regulatory Technology: Data Protection and Privacy White-Collar Criminal Defense In...In The News
Andrew L. Sandler and Preston Burton Quoted in The American Lawyer Article, "Buckley Sandler Bags High-Profile DC Litigator"
Andrew L. Sandler and Preston Burton were quoted in Scott Flaherty's The American Lawyer article, "Buckley Sandler Bags High-Profile DC Litigator," on June 1, 2016. Buckley Sandler, a fast-growing Washington, D.C.-based firm that has soared up the Am Law 200 rankings in recent years, has hired...In The News
Tom Sporkin Quoted in Global Investigations Review Article, "Goodyear FCPA Resolution a ˜Roadmap' for Cooperation"
Tom Sporkin was quoted in Tom Webb’s Global Investigations Review article, “Goodyear FCPA Resolution a ‘Roadmap’ for Cooperation,” on Wednesday, February 25, 2015. What’s more, the company improved its compliance programme globally, and created a new position of vice president of compliance and...In The News
Buckley Sandler is pleased to announce that eight of its attorneys and two of its practice areas have been listed in the 2013 Legal 500. Our 2013 listings are: Practice Area: White-Collar Criminal Defense Christopher Regan David Krakoff James Parkinson Buckley Sandler LLP’s white-collar group is...In The News
Buckley Sandler Partner David Krakoff on FCPA Trials, Corporate Voluntary Disclosures and Big Firm Refugees
Partner David Krakoff was interviewed in the 3/13/12 Corporate Crime Report article, "Buckley Sandler Partner David Krakoff on FCPA Trials, Corporate Voluntary Disclosures and Big Firm Refugees." Can it be true? Corporations are fed up with voluntarily disclosing wrongdoing to the government? And...In The News
BuckleySandler LLP has again been noted as one of the nation’s top law firms, with recognition of four practice areas by The Legal 500 in its 2016 rankings: Financial Services: Litigation Financial Services: Regulatory Technology: Data Protection and Privacy White-Collar Criminal Defense In...Press Releases
Buckley Sandler is proud to announce that partner David Krakoff has been named one of Law360’s 2015 Trial Aces , an honor recognizing the career accomplishments of the top trial attorneys in the U.S. Selected from a pool of more than 200 attorneys, Mr. Krakoff was one of 50 winners for the...Press Releases
WASHINGTON, DC (July 3, 2014) - Today, the Securities and Exchange Commission (SEC) agreed to resolve its claims against Mark A. Jackson, the former CEO of Noble Corporation. The SEC had charged Jackson with violating the Foreign Corrupt Practices Act (FCPA) by approving bribes to Nigerian...Press Releases