Financial & Commercial Fraud
Financial & Commercial Fraud
Decades of experience as defense attorneys and prosecutors have prepared Jones Day lawyers with in-depth collective knowledge regarding the investigation and, if necessary, the trial of white-collar criminal cases.
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Intellectual Property Crimes
Jones Day CCI lawyers represent clients in matters involving federal civil and criminal copyright laws, the Computer Fraud and Abuse Act and state law equivalents, the Economic Espionage Act, and other state and federal laws that protect intellectual property.
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State Attorneys General Investigations & Litigation
Jones Day is at the forefront of representing businesses in the defense of litigation and investigations brought by State Attorneys General.
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Foreign Corrupt Practices Act Counseling & Defense
Jones Day counsels clients worldwide under the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws, while defending investigations, advising on cross-border transactions and assisting in the creation of robust compliance and business ethics programs.
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Internal Investigations, Corporate Compliance Programs & Employee Misconduct
Jones Day focuses on conducting thorough and discreet internal investigations to assess the risk of criminal liability to the organization and its individuals.
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Public Corruption Investigations
Jones Day lawyers frequently represent individuals and organizations when they become entangled in investigations of official misconduct.
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Antitrust Criminal Investigations
Jones Day lawyers are able to combine their extensive experience in antitrust and complex criminal litigation matters to formulate effective and creative strategies for defending clients faced with allegations of criminal wrongdoing under antitrust and related statutes.
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Government Contracts Counseling & Litigation
As funding and resources increase in all areas of government procurement -- including in less traditional areas such as infrastructure, homeland security and financial services -- Jones Day’s government contracts lawyers offer broad-based agency experience, specific industry knowledge, and outstanding counseling and litigation proficiency to help clients navigate the maze of statutes, regulations and contractual provisions involved in government contracting.
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International Trade & National Security
Jones Day's Government Regulation and Corporate Criminal Investigation practices feature a roster of former White House, National Security Council, and State, Justice, and Transportation Department officials with extensive and current experience in matters of international trade, export control, and national security.
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Health Care Litigation & Government Investigations Defense
Jones Day’s lawyers are at the forefront of representing health care regulated organizations, industries, and officers and directors against increasingly frequent criminal charges brought by federal prosecutors and state attorneys general.
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False Claims Act & Qui Tam Defense
Jones Day attorneys defend the full panoply of False Claims Act and qui tam actions brought against health care companies, government contractors, and others accused of mishandling government funds, regardless of whether those claims are asserted by private persons, the Department of Justice, or state attorneys general.
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Decades of experience as defense attorneys and prosecutors have prepared Jones Day lawyers with in-depth collective knowledge regarding the investigation and, if necessary, the trial of white-collar criminal cases.
As federal and state prosecutors increasingly use criminal laws and broader concepts of fraud to regulate business conduct, individuals and corporations may find themselves the subjects of criminal investigations in the regular conduct of their business. These investigations can arise out of a company's dealings with a broad array of third parties, including vendors, customers, consumers, government agencies, and clients.
Regardless of the context in which a fraud investigation arises, Jones Day's clients can be assured that the Firm's CCI lawyers have defended similar cases. Moreover, Jones Day’s “One Firm” culture and seamless cooperation in delivery of services across related disciplines, jurisdictions, and, as applicable, borders allow us to bring the best team together to meet our clients’ needs.
Jones Day's lawyers have vast experience representing companies and senior executives in all facets of Securities and Exchange Commission (SEC) enforcement actions. We have successfully defended against many formal and informal SEC investigations of insider trading, manipulation, and other allegations of securities fraud. Due to their status in this area of the law, our partners frequently receive and accept invitations to speak on SEC enforcement issues to the Criminal Justice Section of the American Bar Association, the Association of General Counsel, and many other organizations. These lawyers also routinely deal with the issues of grand jury investigations, as well as private civil lawsuits related to SEC investigations. This is important in an era when Sarbanes-Oxley and related regulatory enactments have expanded corporate executives' liability for securities, accounting, and other frauds related to the filing of financial statements.
Jones Day's Securities Enforcement lawyers bring to each engagement deep experience in investigating, prosecuting, defending and trying the most sophisticated administrative, civil and criminal securities and commodities enforcement matters. Our partners have served at the SEC and as chief of the Securities and Commodities Fraud Unit in the U.S. Attorney's office for the Southern District of New York. They represent clients before the Securities and Exchange Commission, the Commodity Futures Trading Commission, the industry self-regulatory organizations and state securities commissioners, as well as various U.S. attorneys' offices and other units of the Justice Department. Our lawyers have tried federal securities law charges before criminal juries, district judges and administrative law judges. They have also served upon recommendation of the SEC and by appointment of the court as consultants and to oversee settlements in SEC actions.
Our clients in securities enforcement matters include public companies, directors and board committees, auditors, broker/dealers, hedge funds, investment advisors, mutual funds, law firms, and their members and executives. The matters involve accounting and financial statement issues, including classification questions, revenue recognition, manipulation of reserves, questionable use of special purpose entities, and alleged aiding and abetting another issuer's false accounting; disclosure issues and the adequacy of SEC filings; irregularities in initial and secondary public offerings of securities; selective disclosures implicating Regulation FD; insider trading; trading irregularities in the Treasury securities market; market timing and late trading of mutual funds; broker/dealer sales practices, supervision issues and insider trading policies; auditor independence and malpractice issues; questionable foreign payments and books and records violations of the Foreign Corrupt Practices Act; and many other issues.
Our attorneys also represent clients in a wide variety of CFTC investigations, including alleged market manipulation involving several energy markets, and alleged false reporting of transactions to manipulate index prices for natural gas.
Corporations may be held criminally liable for money laundering if a corporate officer or employee is acting within the scope of his authority and for the benefit of the corporation when he commits a money laundering offense.
The passage of the USA PATRIOT Act will add certain foreign crimes as “specified unlawful activity” and redefine financial institutions to include foreign banks as well as a variety of other businesses. Prosecutors will be able to charge money laundering in some cases even when there is no underlying crime in the United States. The foreign offenses that are now defined as “specified unlawful activity” include offenses “against a foreign nation” involving bribery of a public official; the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official; certain smuggling or export control violations; or any other offense with respect to which the United States would be obligated by treaty to extradite if the perpetrator were found in the United States. Thus, foreign law may now play a direct role in money laundering offenses.
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