White Collar Defense, Investigations & Compliance Counseling

Our White Collar Defense, Investigations and Compliance Counseling Group represents domestic and international companies, financial institutions and individuals in domestic, international, and cross-border governmental investigations and enforcement actions, internal investigations, litigation, arbitrations, and commercial disputes.

The Murphy & McGonigle team of former federal prosecutors and enforcement attorneys has represented companies and individuals accused of business crimes, Foreign Corrupt Practices Act violations, public corruption, securities law violations and other fraudulent practices by the Department of Justice Criminal Division, the U.S. Attorney's Offices, State Attorneys General, District Attorneys' Offices, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Energy Regulatory Commission. We work with companies to conduct internal investigations and represent individual exec-utives in corporate internal investigations. In criminal prosecutions, enforcement actions and regulatory matters, we have represented broker-dealers, registered representatives, hedge funds, investment advisors and corporate executives. In some of our most important victories, we have convinced criminal and enforcement authorities not to proceed against our clients.

Our approach on any given matter is tailored to achieving the best possible result for our client in light of the circumstances that provoke the interest of governmental enforcement agencies, potential claimants or litigation opponents. Where possible, the Group seeks to assist our clients proactively in avoiding the problems that lead to governmental investigations, formal proceedings and disputes, and to position our clients to achieve the best possible result when adversarial proceedings become necessary. We therefore routinely support our clients through counseling, training, and the development of comprehensive compliance programs to address and meet current and future governmental and regulatory requirements and expectations.

Group members are Department of Justice, United States Attorney's Office, SEC and CFTC alumni with substantial investigative, regulatory, arbitration, mediation, enforcement and federal and state trial and appellate experience.

Looking Forward

In 2019, the Department of Justice (“DOJ”) heightened its focus on some lesser known statutes when targeting alleged criminal conduct. We expect the trend to continue. This trend began with the DOJ’s use of the Financial Institutions Reform, Recovery, and Enforcement Act (“FIRREA”), and in particular its onerous ten year statute of limitations provision. DOJ has dusted off the Foreign Agents Registration Act of 1938 (“FARA”), which requires any person acting as an agent of a foreign principal in certain covered activities to register as an agent, unless covered by an exemption. In 2016, Congress passed the Defend Trade Secrets Act (“DTSA”), creating a federal cause of action for the misappropriation of trade secrets. In 2019, DOJ used the statute to prosecute the alleged theft of self-driving automobile technology. Expect to see further investigations and prosecutions involving creative deployment of underutilized statutes which may assist the federal government in pursuing specific initiatives or responding to political winds.