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Internal Investigations & White Collar Defense
Who We Are:
Managing internal and government investigations, responding to subpoenas and search warrants, dealing with the government, and trying complex cases require substance, experience, and presence.
With decades of white collar defense, prosecution, and in-house experience, Post & Schell’s Internal Investigations & White Collar Defense Group provides corporate clients and senior executives with effective internal investigations, seasoned risk assessment, insights into high-level law enforcement decision-making essential to pursuing an informed defense strategy, and sure-handed representation in and out of the courtroom and the boardroom.
Based in Philadelphia and Washington, D.C., the Group represents individuals and companies located throughout the United States and abroad. The Group focuses on criminal and civil fraud and corruption investigations involving the False Claims Act, health care, tax offenses, energy, federal procurement, financial and securities violations, the Foreign Corrupt Practices Act (FCPA), public corruption, cyber crime, and environmental violations, among others.
The Group is led by four Principals, including former federal prosecutors from the U.S. Attorney’s Office for the Eastern District of Pennsylvania and the U.S. Department of Justice.
- Ron Levine, the former Chief of the Criminal Division of the U.S. Attorney’s Office for the Eastern District of Pennsylvania, and Group Chair;
- John Joseph, the former Deputy Chief of the Civil Division of the U.S. Attorney's Office, in charge of all the affirmative fraud and environmental enforcement litigation within the Eastern District, and Trial Attorney with the Department of Justice Civil Fraud Division;
- Barbara Rowland, a former federal prosecutor and, more recently, Vice President - Litigation for CVS Caremark Corporation, the nation's largest pharmacy health care provider, and Assistant Counsel for Merck & Co., Inc., a Fortune 60 global pharmaceutical manufacturer
- Matt Newcomer, whose practice focuses on conducting internal investigations and counseling and defending corporations, including multinational pharmaceutical and medical device companies, on exposures concerning off-label sales and marketing practices, the Anti-Kickback Statute, the “Responsible Corporate Officer” or “Park” doctrine, the federal False Claims Act and federal and state RICO statutes.
- They are joined by Principals and Associates with substantial in-house and industry-specific experience, all of whom combine to provide seamless representation and counseling for all phases of investigation and litigation.
The Group has extensive experience with federal and state enforcement agencies, including the Department of Justice, FBI, IRS, SEC, EPA, ICE, DEA, state Attorney Generals offices, and the Offices of Inspector General (OIG) for the Departments of Health & Human Services, FDA, Defense, Transportation and Labor.
For examples of representative clients and results of the Internal Investigations & White Collar Defense Group, please click here.
What We Do:
We conduct internal investigations, structure defenses, and interact with the enforcement community. We defend corporate enterprises and officers, directors, managers and employees, nationwide, in criminal, civil and administrative matters, at the federal, state and local levels.
- Conduct internal investigations to assess compliance issues and determine whether questionable conduct has occurred, providing a complete factual, legal and risk analysis.
- Defend enterprises, corporations and persons who are subjects, targets or witnesses in government investigations, including False Claims Act and qui tam investigations, and related civil or administrative litigation.
- Track and respond rapidly to all stages of an investigation (ranging from subpoena compliance and grand jury practice to the execution of search warrants or the unsealing of criminal indictments and civil fraud complaints).
- Avoid or mitigate enforcement action by working with clients to fashion, implement compliance measures which conform to agency guidance and the federal Organizational Sentencing Guidelines.
- Evaluate the need for and, where appropriate, negotiate voluntary disclosure to relevant government agencies.
- Negotiate corporate integrity agreements, and monitor corporate compliance moving forward.
- Defend collateral civil proceedings such as suspensions, debarments or exclusions or civil lawsuits in which fraud is alleged.
- Defend enterprises, corporations, officers and directors at criminal or civil trial and/or on appeal.
- Counsel and defend on matters including alleged health care, securities, tax, insurance, mail, wire and financial institution fraud, plus matters concerning regulatory compliance, FCPA, government contracting and reimbursement, immigration, internal theft, public corruption, computer security, identity theft, and labor racketeering.
Industries We Represent:
Enterprises, corporations and individuals in a broad spectrum of industries, including:
- Health Care
- Institutional health care providers
- Pharmaceutical manufacturers
- Medical device manufacturers
- Retail pharmacies and PBMs
- Individual physicians and health care providers
- Publicly traded and multi-national corporations
- Sarbanes-Oxley Act, Dodd-Frank and Foreign Corrupt Practices Act (FCPA) compliance
- Brokerage firms and securities dealers facing SEC investigations
- Financial institutions
- Banks and mortgage lenders
- Realtors, appraisers, and title companies
- Government contractors, including defense contractors
- False Claims Act investigations and qui tam litigation
- Debarment, exclusion and license revocation proceedings
- Government regulations/specifications/bidding
- Environmental Contractors & Utilities
How We Add Value:
The Internal Investigations & White Collar Defense Group embraces Post & Schell’s commitment to efficiency, adding value and cost effectiveness. We get to the heart of matters, without reflexively “staffing up” cases; we encourage review of our monthly line-item billing; and we monitor overhead fiercely. Post & Schell’s philosophy is exemplified by its universal sized offices, competitive billing rates, and effective use of cutting edge technology.
- Multi-national medical device manufacturer under federal investigation for kickback and price reporting violations. Result: Government declination.
- Multi-national pharmaceutical manufacturer under criminal and civil investigation for kickback and off-label marketing violations. Result: Global settle¬ment in amount several multiples below that of comparable “pharma” cases.
- Multi-national electronics corporation targeted in a federal tax fraud investigation. Result: Global criminal and civil settlement with stipulated lower financial penalty. No prosecution of any individuals.
- Two major hospital systems under investigation for “one-day stay” billing violations. Result: For one, a rare settlement under the standard “double damages” amount with no corporate integrity agreement (CIA); for other, declination.
- Multi-national advertising corporation embroiled in a federal corruption/fraud investigation. Result: Criminal declination. No civil exposure.
- Large durable medical equipment corporation subject to undercover recordings and told that its CEO is targeted on health care fraud charges.Result: Criminal declination. Low False Claims Act civil settlement.
- Major hospital system under investigation for organ transplant-related billing violations. Result: Government declination.
- False Claims Act suit brought against national hospital system alleging payments received under a contract with one of the system’s Pennsylvania hospitals were meant to prompt patient referrals, i.e. kickbacks. Result: Motion to dismiss case granted by Eastern District of Pennsylvania, finding theory of kickbacks, “implausible.” Dismissal upheld by Third Circuit Court of Appeals.
- Large multi-national food company investigated by a grand jury for environmental false statements pursuant to EPA inspection. Result: Criminal declination.
- National construction firm investigated for alleged fraud in highway construction project and possible debarment. Result: No criminal prosecution. Debarment action withdrawn.
- Large construction company sued under False ClaimsAct. Result: Motion to dismiss company granted.
- National health system sued for fraud by physicians as regards a multi-million dollar joint venture ambulatory surgery center. Result: Summary judgment granted by trial court; affirmed on appeal.
- Engineering firm involved in construction project sued under False Claims Act. Result: Nominal settlement.
- Health care system’s contract practices under scrutiny. Internal investigation results in self-disclosure to the fiscal intermediary. Result: No federal criminal or civil prosecution.
- Multi-national pharmaceutical corporation suspects employee misconduct. Result: Internal investigation uncovers sales person self-dealing. Internal corrective action.
- High-ranking executives of multi-national oil company and multi-national engineering company embroiled in Foreign Corrupt Practices Act (FCPA) investigations. Result: No criminal or civil sanctions.
- Owner/executive of major construction company charged with tax and immigration-related crimes. Result: Probation.
- High-ranking executive for a collapsed insurance company targeted for insurance fraud due to regulatory filings. Result: Criminal declination.
- Political figure federally charged in 47-page racketeering (RICO)/fraud indictment. Result: Plea agreement to a misdemeanor tax charge, $250 fine and probation.
- Young adult charged in felony computer hacking conspiracy with worldwide publicity. Result: Plea agreement to misdemeanor computer charge. Probation.
- Physician targeted in federal criminal investigation for billing practices. Result: Criminal declination. Low civil settlement.
- Physician group under federal investigation for alleged tax and insurance fraud crimes. Result: Government declination.
- Investment firm under investigation by Securities and Exchange Commission (SEC) for alleged insider trading in securities. Result: Government declination.
- Investment firm under investigation by the SEC for inter-fund loans involving alleged conflicts of interest, and related constitutional litigation regarding the ability of the SEC to pursue administrative enforcement actions. Result: Settlement involving a suspension but no industry bar.
- Internal investigation and self-disclosure of hospice billing issue. Result: No payment due.
- Engineer under criminal investigation for allegedly false billings to federal government in connection with space technology research grant, which led to a related debarment action against the client. Result: Government declination, and termination of debarment action with no penalty.
- Hospital named as defendant in federal qui tam whistleblower complaint brought by a current employee, alleging false Medicare billing and physician kickbacks. Result: Government declination.
- Individual with exposures related to undisclosed Swiss bank account. Result: Acceptance into streamlined IRS disclosure program, with penalties greatly reduced from initial IRS demand.
- Major U.S. credit card company defending two lawsuits for alleged Truth in Lending Act violations. Result: Defense judgment in both matters.
- In-house counsel for major financial institution embroiled in Bank Secrecy Act investigation. Result: No criminal or civil sanctions.
- Individual target of investigation into alleged criminal violation of the International Emergency International Powers Act (IEPPA). Result: Government declination.