White Collar Defense & Government Investigations

Companies, executives and other individuals facing sensitive, high-stakes government probes look to Akin to conduct internal investigations, defend against allegations of wrongdoing and to establish robust compliance programs.

As commerce has become global, so have government inquiries and investigations. U.S. authorities routinely scrutinize alleged misconduct around the world, working in concert with other countries’ antifraud and anticorruption regimes—many of which also pursue their own investigations and enforcement.

We represent many of the world’s leading banks, investment funds and public companies, as well as their key individuals, in sensitive investigations and enforcement matters. Our lawyers advise U.S.-based and international senior executives, financial traders, current and former government officials and multinational companies in a wide range of federal and state prosecutions. We work with corporations and board committees to conduct sensitive internal investigations.

For decades, the firm has attracted prosecutors from the highest levels of the U.S. Department of Justice (DOJ) and U.S. Attorneys’ Offices, including the Southern (SDNY) and Eastern Districts of New York (EDNY) and the Eastern District of Virginia (EDVA). Our ranks also include former senior lawyers at the U.S. Securities and Exchange Commission (SEC), the Public Company Accounting Oversight Board (PCAOB) and the U.K. Financial Conduct Authority (FCA). It also includes a former Chief of the DOJ’s Environmental Crimes Section and an enforcement attorney with the Environmental Protection Agency (EPA).

The team has been consistently honored by leading ranking publications. Clients told Chambers USA 2020, “The firm has really good reach and impressive ability to handle investigations in tough jurisdictions” and the “white collar folks there are extremely good—they’re tremendous lawyers.”

We understand the issues that concern regulators and drive the government’s approach across a broad spectrum of investigations, including:

Financial fraud
Insider trading
Market manipulation and disruptive trading
Money laundering
Foreign Corrupt Practices Act (FCPA) and U.K. Bribery Act infractions
Collusion/antitrust
Data security breaches
Health care fraud
Environmental crimes
Tax-related issues.

Our proudest accomplishments are those where the results are known only to our lawyers and our clients—the instances where our advocacy persuaded the government not to pursue any charges against our clients.

Representative Matters

Representing Kodak and the Special Committee of Eastman Kodak Company’s board of directors in connection with the recent investigations related to trading and stock options grants in advance of a public news announcement. The firm has been representing Eastman Kodak Company in all aspects of the various governmental inquiries, as well as in pending shareholder class action matters.
Defending a former JPMorgan precious metals trader in a novel criminal prosecution of alleged spoofing in precious metals futures markets.
Representing a co-founder of a leading bitcoin derivatives exchange in an SDNY criminal case alleging willful violations of the Bank Secrecy Act, as well as parallel Commodity Futures Trading Commission (CFTC) civil enforcement arising from failure to register with the Commission.
Obtained a complete declination by both the DOJ and the SEC in a long-running investigation into alleged FCPA violations by a China-based, wholly owned subsidiary of a global nutrition company.
Represented a global financial institution in a multiyear investigation of trading activity in the spot foreign exchange (FX) market. After extensive cross-border investigations, no enforcement action was taken against our client in the United States, Europe or Asia.
Served as counsel to the independent monitor of a European-headquartered financial institution as part of an anti-money laundering (AML) and sanctions-related settlement with the New York Department of Financial Services (NYDFS). We worked directly with the monitor in developing strategy and work plans and addressing myriad legal issues that arose over the course of a three-and-a-half-year monitorship.
Advised a university’s board of trustees with respect to its obligations and fiduciary duties in connection with a high-profile matter involving mass sexual abuse and involving numerous pending investigations.
Served as lead counsel to a multinational energy company in a seven-year FCPA investigation by the DOJ, SEC and criminal prosecutors in Argentina following allegations that bribes were paid to secure various business advantages. No charges were brought, and the matter was closed. The client avoided major fines, the revocation of the lease on its largest asset and individual criminal charges.
Achieved a favorable resolution of parallel criminal and civil insider trading charges against a prominent hedge fund portfolio manager who was charged with securities fraud and conspiracy to obstruct justice arising from the use of an expert network. We also achieved dismissal of a follow-on class action in the U.S. District Court for the District of Connecticut under the SEC’s express private right of action for insider trading counterparties.
Represented a global investment bank in a multiyear congressional investigation related to its structured financial products.
Represented a national health insurer with multiple congressional and state attorneys general investigations, including on opioid-related issues.
Conducted an internal investigation on behalf of audit committees for two public companies. The matter involved allegations of accounting improprieties in a joint venture.

Services In-Depth

Securities & Commodities Enforcement

Our lawyers have extensive experience representing financial institutions, corporations, and their senior executives in regulatory matters involving the securities and commodities laws. For investment banks and private fund managers, we routinely defend clients in SEC, CFTC and self-regulatory organization (SRO) investigations and enforcement proceedings arising from alleged insider trading, market manipulation, wash trading, spoofing, conflicts of interest, breaches of fiduciary duty and similar violations. For public company clients, our attorneys have extensive experience handling matters involving disclosure issues, accounting irregularities, insider trading, self-dealing and internal controls. We also regularly represent investment advisers with respect to routine and non-routine SEC examinations.

Antibribery

We have long been at the forefront of antibribery investigations and enforcement. Members of our team have been on both sides of significant FCPA matters—lending our regulatory experience and our long record of success to clients across industries.

Audit & Accounting

We represent accounting firms in matters before the PCAOB, SEC and state boards of accountancy. Our practice is led by the first PCAOB Director of Enforcement and includes a certified public accountant with previous financial statement audit experience. Through prior PCAOB enforcement experience, we developed strong relationships with non-U.S. audit regulators and a deep understanding of their regulatory approaches.

Special Investigations

Our team has extensive experience conducting sensitive internal investigations on behalf of audit and special committees of the boards of directors of public companies. We have conducted such investigations in a wide range of subject areas, including matters involving allegations of accounting irregularities, false and misleading disclosures, insider trading, bribery and self-dealing. We have also conducted significant internal investigations and audits involving civil rights issues, such as First Amendment matters and hate speech claims, systematic discrimination claims and other forms of abuse and misconduct, complex race and gender-pay equity concerns and diversity and inclusion initiatives.

We’re adept at navigating potentially precarious trouble points, working in partnership with internal investigation teams at high-profile organizations on both a regional and nationwide basis.

Congressional Investigations

Our team has been responsible for overseeing some of the most high-profile, complex congressional investigations of the past decade. We have developed a singular approach to respond to the challenges inherent in congressional investigations and parallel matters.

The guidance we provide is informed by our understanding of the congressional motivation and the objectives of a particular investigation—and the legal, reputational and legislative risks it may pose.

Government Procurement Contracts and Fraud

Government procurement contracts, and the companies and individuals involved in the transactions, have come under increased scrutiny. Our lawyers have handled numerous procurement fraud claims and investigations, including matters involving conflicts of interest, price fixing, bribery, accounting fraud, false invoicing and other related matters arising under federal and state law.

Data Breach & Cryptocurrency

As technology continues to revolutionize financial markets, we have been centrally involved in regulatory and criminal investigations touching on cutting-edge aspects of new technologies. We have represented clients around the world for alleged spoofing activity in automated futures markets and clients developing cryptocurrencies with massive market capitalization. In addition, we have advised clients who have helped to design and implement groundbreaking electronic trading systems used across many jurisdictions. We have also represented companies in connection with DOJ and SEC investigations of data breaches by hackers who misappropriated sensitive corporate information.

State Attorneys General (AG)

With sweeping powers to launch investigations and bring actions on behalf of states or consumers, state AGs can have a profound impact on corporations, foundations, individuals and investors. Unlike appointed federal prosecutors or regulators, most AGs are popularly elected, with direct accountability to voters.

We are well positioned to meet particular challenges clients face in working with state AGs. Our experienced team frequently handles civil investigative demands, criminal subpoenas and administrative matters brought by state AGs. With one of the nation’s most respected public law and policy practices, we can also help clients navigate the political and public relations dimensions of state AG actions.