Government and Internal Investigations

Government and Internal Investigations
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While government investigations and prosecutions have become increasingly common, there is no such thing as a “routine” or “simple” subpoena, Civil Investigative Demand, or request for voluntary production of documents.

It is more important than ever that corporations and their executives retain counsel who can assess risk, prevent escalation, and face the government head-on when necessary. Our experienced team of former regulators and prosecutors, skilled litigators, and compliance attorneys assists companies and individuals with the full scope of government investigations, prosecutions, and regulatory actions, including preventive consulting, internal investigations, investigation management, negotiations, and litigation defense.

We pride ourselves on putting clients’ minds at ease, confident that they are prepared to face any questions that arise. Our team knows what to expect, and we are here to walk our clients through it from start to finish.

Our Government and Internal Investigations team has represented clients across a spectrum of industries, including financial services, oil and gas, healthcare, education, and entertainment. Our attorneys also counsel individuals who find themselves the subject of high-profile Congressional investigations, preparing them for testimony.

We advise clients on implementing proactive measures and protocols to get and remain compliant, to prevent the likelihood of an investigation. We offer “Investigation Preparedness Exams” devised to detect and correct internal weaknesses and gauge compliance before an investigation arises. These exercises have saved clients significant money by correcting potential violations.

We’ve been engaged by corporations, boards of directors, and audit committees to conduct internal investigations of suspected or reported misconduct, and we advise on whether, when, and how to disclose these findings to authorities.

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What we see on the Horizon

Contact the McGlinchey Government and Internal Investigations team for our latest insights about the following:

Congressional inquiries and federal agency investigations.  Our seasoned team has experience with a variety of oversight agencies and governmental bodies, up to the highest level. We know how to navigate the nuances of activity on the Hill, whether defending individuals or corporate interests, and particularly when there is a risk of parallel proceedings.

Advances in the regulatory landscape have substantially increased the risk of civil and criminal government investigations, not only by the FBI and DOJ, but by a range of other agencies, including the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB), to name a few.

False Claims Act cases and healthcare fraud prosecutions.  Recent amendments to the federal FCA have increased the number of qui tam actions filed by whistleblowers (who are incentivized by bounty provisions of the FCA and other statutes). At the same time, these amendments expanded the business areas involved beyond traditional government contracting into health care and financial services. These changes have resulted in investigations by the Civil Fraud Section of DOJ’s Civil Division and by U.S. Attorneys’ offices across the nation, and McGlinchey has been a national leader in responding to these developments.

Increased scrutiny of public expenditures at all levels of government.

Strengths Sought After by McGlinchey Clients

When the course of an investigation dictates, we can deploy a multidisciplinary team on the client’s site within forty-eight hours. If a criminal charge is brought, we represent our clients in the full range of related criminal or civil proceedings in both federal and state courts. McGlinchey’s team offers strategic legal guidance to clients pertaining to evidence retention and document management, legal hold policies and procedures, search warrant protocols, and other policies and procedures.

We have experience in a full array of investigations and enforcement proceedings brought against individuals and businesses by a variety of state and federal government and regulatory bodies and law enforcement authorities, some of which include:

  • Bank fraud
  • Civil rights (including university admissions and affirmative action issues)
  • Congressional investigations and hearings (including intelligence committees)
  • Cybersecurity & Data privacy
  • Ethical matters involving the Foreign Agent Registration Act
  • Export Control
  • Fair Lending & Collection (ECOA, FDCPA, UDAAP)
  • False Claims Act (Civil and Criminal)
  • Foreign Corrupt Practices Act
  • Fraud, criminal and civil
  • Grand Jury investigations at the federal and state levels
  • Health care fraud
  • High profile individual criminal investigations
  • Impeachment proceedings
  • Money laundering
  • Obstruction of justice
  • Official misconduct
  • Public corruption (bribery)
  • Racketeering
  • Securities fraud
  • Tax evasion and tax fraud

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