Practice Areas

Experienced White Collar Criminal Defense Attorney in Washington, D.C., Florida, Maryland, New York and Virginia - Former Federal Prosecutor Providing Personalized, Professional Legal Services for Government Contractors and Corporate Employees

It can come out of the blue - a subpoena for documents or a grand jury appearance, a letter from a Government prosecutor inviting you to a meeting (sometimes known as a "Mae West" letter), or a government agent may show up at your home or office with a search warrant issued by a judge and demand entrance. An employee may have filed a claim that your company made demands for payment of claims for government funds that were in some manner false or fraudulent. One of your employees in your multi-national corporation may have solicited an improper payment from a foreign official in order to get the business. One of your employees may have filed a complaint that he was badly treated as a whistle blower under Sarbanes-Oxley. These types of issues demand the candid, confidential advice of an attorney who has been on both sides of the jury box in the courtroom - a former prosecutor who is now a defense attorney.

In-house counsel are typically generalists who specialize in corporate law and administration and may not have prior experience in the type of crisis management situation that arises when the government investigators get interested in the company. They may not be able to determine whether the company is going to be asked for witnesses or may be liable under the criminal laws for some violation that could generate a conviction for the company or one or more of its officers or employees. It is critical to analyze the situation as early as possible in order to craft the most effective response and to design the internal investigation so as to protect trade and other secrets while satisfying the government's legitimate needs for information.

Among the issues on which non-crisis situation counseling may be desirable from an experienced white collar criminal defense attorney are those of:

• Proper internal controls and accounting procedures
• Document retention policies
• Sarbanes-Oxley Act compliance
• Foreign Corrupt Practices Act compliance and disclosure requirements
• Electronic discovery rules and practices
• SEC enforcement issues and investigations
• qui tam and whistle blower cases under the False Claims Act
• Health Care fraud regulations
• Director and officer liability and insurance polcies
• Anti-money laundering regulations and compliance
• Corporate ethics policies

I assist corporate officers and directors with managing risk and assuring compliance, both before and after the government investigators appear. I work with government prosecutors to minimize the exposure of the company and its employees to prosecution and to resolve problems swiftly when allegations arise. When necessary, I am prepared to defend a matter in court and to assemble an appropriate team of experienced attorneys and other professionals.

When seeking experienced corporate governance and white collar criminal defense counsel, contact Pamela B. Stuart.