Michael Brown is co-leader of the firm’s Government & Internal Investigations Group and a former federal prosecutor. He regularly defends companies and individuals in criminal investigations by the Department of Justice and U.S. Attorney’s offices throughout the country and in regulatory investigations and civil enforcement actions by various agencies, including the Federal Bureau of Investigation, Securities and Exchange Commission, the Food and Drug Administration, and the Department of Health and Human Services' Office of Inspector General. Mr. Brown conducts internal investigations on behalf of corporations, boards of directors and audit committees and advises them as to corrective actions. Mr. Brown has successfully handled cases involving the Foreign Corrupt Practices Act, health care fraud, securities fraud, antitrust violations, tax fraud, RICO violations, bribery, immigration offenses and mortgage fraud.
Mr. Brown routinely counsels companies going through critical situations, whether law enforcement actions or industrial accidents. He has experience working with law enforcement agents and regulators with nearly every agency of the government and uses that experience to help companies respond to these difficult situations. He is listed in Chambers USA: America’s Leading Lawyers for Business in the area of White-Collar Crime and Government Investigations.
- Representation of an industrial manufacturer following a catastrophic explosion at a manufacturing facility resulting in fourteen fatalities. Representation included an internal investigation regarding the source of the explosion and a response to an investigation by several law enforcement and regulatory agencies.
- Representation of a national construction company following a law enforcement raid at a government construction site and claims of potential obstruction by employees. Representation included an internal investigation of conduct and coordination in response to inquiries from multiple government agencies responsible for the federal construction site.
- Counsel to the audit committee of a Fortune 100 company regarding an investigation involving various securities and mortgage origination matters.
- Conducted internal and independent investigations into allegations of bid-rigging, market allocation and public corruption (FCPA) in the awarding of public and private contracts.
- Represented various construction and supply companies in several grand jury investigations involving allegations of bid rigging and price fixing. Federal authorities declined to pursue charges against the investigated individuals and companies.
- Lead trial counsel to a private company and its chairman prosecuted by the United States for bribery and public corruption, resulting in acquittal of the chairman on all charges.
- Represented a nationwide medical practice in a federal grand jury investigation, resulting in a decision by the government not to pursue charges.
- Lead trial counsel to a private company and its chairman prosecuted by the United States for bribery and public corruption, resulting in acquittal of the chairman on all charges.
- Represented a nationwide medical practice in a federal grand jury investigation, resulting in a decision by the government not to pursue charges.
- Conducted both internal and independent corporate investigations into allegations of bid-rigging, market allocation and public corruption in the awarding of public contracts.
-
In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have aggressively investigated and enforced both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act (FCPA). Many of these matters have been the result of “industry sweeps,” which have included the oil and gas, pharmaceutical and medical device, and telecommunication industries.
DOJ and the SEC have also made clear that the banking and finance industry is a high priority for FCPA enforcement. This advisory discusses some of the pitfalls that hedge fund and private equity managers specifically may confront and provides guidance on how those risks can be minimized.
March 27, 2013
Advisories
-
On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) jointly released their long-anticipated guidance on the Foreign Corrupt Practices Act (FPCA). Entitled A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Resource Guide”), it does not contain ground-breaking legal revelations but does offer helpful information to companies transacting business in foreign countries. For example, it provides in-depth discussions on permissible gifts and payments under the FCPA, the definition of “foreign official,” FCPA risk in the merger and acquisition context, liability under the accounting provisions, and the keys to a successful compliance program. Although the Resource Guide is not legally binding, it contains practical guidance that can help companies operating abroad mitigate FCPA risk. This advisory discusses some of the Resource Guide’s more notable areas of guidance.
November 20, 2012
Advisories