Criminal investigations and prosecutions threaten companies and their employees with consequences different in kind and in degree from civil litigation. The tactics of a criminal investigation-including grand jury subpoenas, search warrants, undercover informants, unannounced visits from law enforcement agents and even wiretaps-are not only unfamiliar and highly unsettling to most companies and individuals, but can themselves lead to criminal penalties when handled unwisely.
Effective representation in a criminal investigation or prosecution requires not only knowledge of criminal statutes and rules, but experience with the offices and agencies that enforce them. In the case of organizations, it also requires a lawyer who knows how to cooperate effectively, how to mount a vigorous defense and when to do one and not the other.
The White Collar Criminal Defense Practice at Baker Botts includes lawyers with national reputations who have handled hundreds of criminal investigations and tried dozens of white-collar criminal cases before juries, from coast to coast. Among our lawyers are the former chief of the Department of Justice’s Fraud Section and lawyers who have served in the Deputy Attorney General’s office as well as offices of United States Attorneys. We have represented corporations, corporate executives, public officials, union leaders, lawyers, accountants and many others in investigations covering a wide range of allegations such as securities fraud, procurement fraud, accounting fraud, foreign corrupt practices, antitrust violations, tax fraud, bribery, price manipulation, bank fraud, money laundering, export controls violations and others too numerous to mention.
Our lawyers will work as a team to investigate the facts thoroughly and promptly in order to advise the client through every phase, including relations with the government, with witnesses and with issues of publicity and public disclosures. We have negotiated global resolutions of issues under investigation, often involving regulatory bodies in addition to the Department of Justice and other prosecutorial offices.
No stakes are too high for Baker Botts. When resolution is not practicable or would come at too high a cost, we are known for our willingness to take a case to trial and for our impressive track record of favorable verdicts.
- Former Chairman of a technology company in two derivative actions (one in state and one in federal court) and a class action, arising from allegations of option backdating
- An Israeli investor who is one of six individuals who have been indicted in federal court in the Eastern District of New York on charges of conspiracy to commit securities fraud and money laundering
- A media executive in a federal indictment charging accounting fraud
- A senior executive of a bank in an investment advisor disclosure matter in which we obtained summary judgment
- Two members of the Board of Directors of a technology company in an SEC option backdating investigation
- The CEO of a technology company in a lawsuit by the SEC
- The former CEO of a retail chain in accounting fraud federal indictment
- Lewis “Scooter” Libby, former Chief of Staff and National Security Advisor to former Vice President Dick Cheney, in a federal criminal prosecution for perjury and obstruction of justice
- Former marketing executive for clinical laboratory in Medicare kickback indictment (won complete acquittal after federal jury trial)
- Information technology company investigated for criminal antitrust violations (no indictment brought after investigation)