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Recognized by Chambers USA as a top tier firm for White Collar Crime & Government Investigations, Irell & Manella LLP has substantial experience representing clients in the defense of white collar criminal matters, as well as administrative and civil matters with fraud or criminal overtones.  Led by Brian Hennigan and John Hueston, both ranked in Band 1 by Chambers USA, the firm has represented numerous business organizations and their employees in connection with criminal investigations.  The practice group has been actively involved in all stages of the defense of these matters, from preliminary investigation, through grand jury proceedings, to trial.  Additionally, the practice group has experience in conducting in-house investigations and creating corporate compliance programs.Irell & Manella LLP has substantial experience in representing clients in the defense of white collar criminal matters, as well as administrative and civil matters with fraud or criminal overtones.  The firm has represented numerous business organizations and their employees in connection with criminal investigations.  The practice group has been actively involved in all stages of the defense of these matters, from preliminary investigation, through grand jury proceedings, to trial.  Additionally, the practice group has experience in conducting in-house investigations and creating corporate compliance programs.

All of Irell & Manella’s practice groups seek to provide creative and innovative solutions to legal problems.  This approach is exemplified by the white collar defense practice group. The diverse background of the practice group’s personnel – a former federal judge, former federal prosecutors, and a former federal public defender – ensures that a wide array of talent will be brought to bear on a criminal problem.

Following is a brief description of some of the areas of expertise.

False Claims Act/Government Contractor Litigation.  The past few years have seen an explosion in government enforcement of the False Claims Act.  Under this act, the government is entitled to treble civil damages for false claims submitted to the government plus a set figure, regardless of the amount of damages, for each false claim.  Additionally, the government criminally pursues individual and corporate defendants.  Finally, the government will frequently pursue administrative sanctions against offenders, seeking to suspend or debar such offenders from government contracting.

Irell & Manella has become increasingly involved in the defense of these False Claims Act investigations on the criminal, civil, and administrative levels.  For example, the practice group was brought in to defend a corporation that had been investigated for two years for alleged kickbacks within the defense contracting industry.  Our attorneys successfully convinced the U.S. Attorney’s Office to decline the prosecution of the case based primarily on the strength of the corporate compliance program that the practice group had drafted.  Our attorneys then successfully presented the corporate position to the government contracting agency, with the result that the corporation was able to continue as a government contractor.

Environmental Criminal Enforcement.  There has been a dramatic increase in the government’s use of the criminal law process to enforce environmental laws.  Such prosecutions create unique defense problems because in these cases, unlike in most other white collar criminal prosecutions, the government enforces criminal statutes that require little, if any, criminal intent as an element of the offense.  As a result, the focus of the defense in these types of prosecutions requires intensive fact-finding investigative work and, frequently, pre-indictment presentations to the government designed to convince the government that the investigation should be terminated.  Our attorneys were among the first in this specialty area to provide submissions to federal, state, and local environmental authorities pursuant to the government’s recently established voluntary disclosure program.

Irell & Manella is uniquely situated to provide exceptional defense work in this area.  The firm has a first-rate environmental practice group, from which the white collar defense practice group can draw.  Additionally, the practice group’s attorneys have developed an expertise in the area.  Indeed, one of the attorneys in the practice group presided, as a United States District Court judge, over extensive federal criminal and civil environmental litigation involving Superfund issues.

Health Care Litigation.  The Justice Department has made health care fraud issues a priority item for federal investigation and prosecution in recent years.  This “prioritization” has led to increased federal and state scrutiny of transactions in the health care industry that were previously ignored.  This scrutiny has led to increased prosecutorial efforts in this industry.

The practice group has significant experience in defending against federal or state investigations in the health care industry.  One of the practice group’s members was previously in charge of the federal Medicare Fraud Task Force and was responsible for much of the federal prosecution work in this area over a five-year period.  On the defense side, the practice group has successfully defended medical clinics, physicians, medical laboratories, and numerous medical providers from federal and state investigative efforts.

Financial Issues.  A substantial portion of the practice group’s work over the past few years has related to the defense of investigations and prosecutions of financial crimes.  Members of the practice group have been actively involved in the defense of individuals and institutions charged with bank fraud, tax investigations, RICO charges, mail fraud, and wire fraud.

Compliance Programs.  Irell & Manella has experience in the development and implementation of corporate compliance programs, designed to locate potential fraud and abuse problems before they develop into criminal problems.  In so doing, we have worked with senior management, in-house counsel, and corporate employees in identifying potential criminal concerns relevant to the operations and designed policies and procedures for addressing such concerns.  In this area, our practice group brings clients the unique perspective of how these programs will be seen through the eyes of judges and prosecutors.  We have also conducted training programs for company personnel responsible for implementing these policies and procedures.