Our White Collar Defense and Investigations Practice is one of the most established and well regarded in the country.  Jenner & Block has represented individuals and corporations in complex criminal prosecutions for over 60 years, and the attorneys in the practice have unparalleled depth and breadth of experience in both law enforcement and defense.  The Practice includes 16 former federal prosecutors — two former United States Attorneys from the Northern District of Illinois and 14 former Assistant United States Attorneys (including the former Director of the DOJ’s Enron Task Force, the former Chief of the DOJ’s international fraud enforcement component, and several former supervisors of the United States Attorneys offices for the Northern District of Illinois, the Southern District of New York, the Eastern District of New York and the District of New Jersey).  The practice also includes several former SEC enforcement attorneys, including the former Associate Director of the Division of Enforcement.  Between them, the attorneys in the group have tried several hundred jury and bench trials to verdict, and conducted countless investigations.  Attorneys in the White Collar Practice also work closely with attorneys in our Securities Litigation and Government Contracts Practices, depending on the nature of the engagement.

The Services We Provide Our Clients

Generally speaking, the White Collar Defense and Investigations Practice provides five types of services for our clients:

• Corporate and individual defense:  We represent companies and individuals in grand jury investigations, criminal prosecutions, extradition procedings, and civil enforcement actions brought by state and federal agencies such as the Securities and Exchange Commission.  The course of a criminal investigation or civil enforcement and the charging decisions made are rarely inevitable.  Choosing the right counsel early in an investigation can reduce the risk of formal charges.  The breadth and depth of our experience and our credibility with government prosecutors has enabled us to reduce the damage and disruption caused by investigations and protect our clients from indictments or civil charges.  When an indictment or civil charges cannot be avoided, we have the experience to give sound advice about the risks and benefits of going to trial or accepting a plea, and we have the skills necessary to take the case to trial or negotiate a favorable plea or settlement.
  
  
• Internal investigations:  We are frequently retained by board audit committees, special committees and general counsels to conduct internal investigations of potential wrongdoing.  We understand that the two most important attributes of any investigation are thoroughness and independence.  Our experience enables us to efficiently gather and analyze large amounts of information from witnesses and documents, make credibility determinations, evaluate how law enforcement officials and courts will view the conduct at issue, and make sound recommendations on whether and how to disclose the results of the investigation.  Our reputation for independence and integrity is a significant asset to our clients who decide that we should present our findings to the government.  At the same time, we appreciate that investigations are disruptive and create anxiety for employees.  We know how to gather information efficiently and respectfully and still get to the truth.  For additional information, click here for the internal investigations resource center.
  
  
• Qui tam actions:  Both the federal and state governments allow private citizens to bring lawsuits alleging fraud against the government.  Cases brought under the Federal False Claims Act are typically litigated by the Department of Justice and are sometimes accompanied by criminal grand jury investigations.  We have handled dozens of qui tam actions for clients in the health care and defense industries in jurisdictions around the country.  Our unique combination of experience in white collar criminal defense, government contracts and civil litigation makes us especially well equipped to handle these cases.
  
  
• Congressional investigations:  Recently, corporations have increasingly been forced to face scrutiny not only from prosecutors’ offices and other executive agencies but also from Congress.  Alleged waste, fraud, and abuse in the defense contracting industry, for example, have become a major target of probes on Capitol Hill. Often, in this and other industries, so-called parallel investigations are launched simultaneously by a congressional committee and by a grand jury, federal and state agency, and state Attorneys General.  These are always very complex and difficult matters. Because of our extensive experience in government contracts and in guiding clients through Congressional investigations, as well as our criminal grand jury and related experience, we are also well equipped to represent companies caught up in parallel investigations.
  
  
• Corporate compliance:  We understand that corporations would prefer not to have to retain counsel to conduct investigations and defend against criminal charges, and we advise clients about corporate compliance strategies that will reduce the risk of such outcomes.  We have drafted and reviewed corporate ethics and compliance programs and counseled clients on compliance with a variety of laws including the Foreign Corrupt Practices Act, Sarbanes-Oxley and other securities laws and regulations, the Federal Acquisition Regulations, antitrust laws, and health care fraud statutes and regulations.  We also update our clients on new law enforcement initiatives, DOJ prosecution guidelines, and changes to the Organizational Sentencing Guidelines. 

Our Substantive Experience

We have experience representing and counseling corporations and individuals in practically every substantive area of criminal law that impacts businesses.  Areas in which we have substantial white collar defense experience include:

• Antitrust/Cartel:  We have represented corporations in some of the largest domestic and international cartel prosecutions in the last ten years, including the DRAM, SRAM, Citric Acid, HFCS, Ready Mix Concrete, Coastal Dredging and Military Household Goods Transportation investigations.  We have represented corporations and individuals in a wide range of other price-fixing and bid rigging investigations conducted by the DOJ Antitrust Division and United States Attorneys offices around the country.  In addition, we have the resources to handle the civil class actions that frequently arise from these investigations.
  
  
• False Claims Act:  Our lawyers have substantial experience representing clients in the healthcare and defense industries in litigation brought by qui tam plaintiffs and the government under the False Claims Act.  We know and are known by the attorneys and investigators in the investigative offices of the DoD and HHS, as well as the suspension and debarment officers who make decisions about the future of contractors who are found to have engaged in fraud.  We also are familiar with the legal and accounting obligations to which government contractors are subject, including the FARS and the DFARS.  And by working with attorneys in the Firm’s Government Contracts Practice, we are able to field a team that not only has law enforcement experience, but also the technical knowledge to analyze the underlying government contracts issues.
  
  
• Financial and securities fraud:  We bring a unique level of sophistication and experience to financial and securities fraud investigations.  Several of the members of our group are former SEC Enforcement officials and are now also members of our Securities Litigation Practice.  We work closely with members of our Securities Litigation Practice who are experienced in the defense of securities fraud class actions.  Thus we have the depth to handle the civil enforcement actions and civil litigation that typically accompany criminal investigations.  We have represented issuers, officers, directors, underwriters, brokers, attorneys, accountants and investment companies, fund managers, traders and analysts in investigations into a range of alleged financial fraud, including accounting fraud, bank fraud, tax fraud and every variety of securities fraud.
  
  
• Foreign Corrupt Practices Act:  Counseling and defending clients who confront allegations of improper payments and violations of books and records requirements is a key focus of the practice.  We regularly conduct extensive internal investigations abroad, and have significant foreign language resources that enhance the effectiveness of our FCPA Practice.  We advise clients on the most effective methods to mitigate the impact of any alleged misconduct, including through voluntary disclosure when appropriate.  In addition, we advise clients conducting business across international borders on the development, implementation, and auditing of their FCPA compliance programs, and on due diligence in connection mergers, acquisitions and joint ventures.  Please click here for information on the Jenner & Block Practice Series Book, "Doing Business Under the FCPA."
  
  Please click here for the FCPA Resource Center.
  
  
• Food and drug safety:  We have represented food manufacturers facing criminal charges arising from deaths and injuries caused by contamination.
  
  
•  Healthcare fraud and abuse:  We have represented healthcare providers, insurance carriers, pharmaceutical companies and medical device companies that have been investigated or charged in a variety of health-care related offenses, including off-label promotion, violation of the anti-kickback statute, and Medicare and Medicaid fraud.
  
  
• Public corruption:  We have represented businesses and individuals who have been investigated or charged with conspiring with public officials to defraud citizens out of property or honest services.  We have represented clients alleged to have engaged in bribery, extortion, bid rigging and other varieties of fraud.

Resource Centers

The White Collar Defense and Investigations Practice, like other practice groups, regularly creates and maintains resource centers that explore practice-related legal issues and other significant matters. To view these online resource centers, please click the links below.

• Internal Investigations Resource Center – The latest case law and other developments addressing internal investigations.
  
  
• Attorney-Client Privilege Update Resource Center – The latest case law and other developments addressing the law of  attorney-client privilege.
  
  
• Rasul v. Bush Brief Resource Center – Documents filed in the consolidated U.S. Supreme Court cases Rasul v. Bush and Al Odah v. United States (2004), which addressed the legal status of the detainees held at Guantanamo Bay, Cuba.
  
  
• Hamdi v. Rumsfeld Brief Resource Center – Documents filed before the U.S. Supreme Court in Hamdi v. Rumsfeld (2004), which addressed the due process rights of the detainees held at Guantanamo Bay, Cuba and other facilities.
  
  
• Rumsfeld v. Padilla: U.S. Supreme Court Brief Resource Center – Documents filed in the U.S. Supreme Court case Rumsfeld v. Padilla (2004), which addressed the due process rights of the detainees held at Guantanamo Bay, Cuba and other facilities.
  
  
• Foreign Corrupt Practices Act Update Resource Center – The latest case law and other developments relating to the Foreign Corrupt Practices Act (FCPA).