Paul N. Monnin

• Audited an international design and engineering firm’s compliance and ethics undertakings following its entry of deferred prosecution agreements associated with the Central Artery/Tunnel (Big Dig) Program in Boston.
• Engaged by the audit committee of a publicly traded government contractor in response to a DOJ public corruption investigation involving the award of municipal contracts. The government declined prosecution following the presentation of investigative findings.
• Defended a real estate developer charged by the DOJ in an approximately $19 million bank fraud conspiracy. The client was sentenced to 20 months in custody despite a recommended guideline range of 87–108 months.
• Defended a former community bank president charged by the DOJ in an approximately $350 million bank failure. The client secured a binding plea, and his custodial sentence was one-third of the low end of the otherwise applicable sentencing guideline range.
• Defended a former federal law enforcement agent under DOJ investigation for unauthorized access to a protected government computer system. Although the government initially contended the client had committed a felony under the Computer Fraud and Abuse Act, the investigation was resolved through entry of a no-jail-time, misdemeanor plea.

Transnational Enforcement, Litigation, and Compliance

• Counsel to a $2 billion, multinational medical technology and medical device manufacturer in connection with an FCPA investigation involving the client’s self-disclosure of public tender irregularities. The government declined prosecution under the DOJ’s FCPA Corporate Enforcement Policy following on-the-ground investigation in Mexico, Brazil, Argentina, and China.
• Defended multiple Japanese regulatory affairs and quality assurance employees of an international medical device manufacturer in response to a DOJ Consumer Protection Branch and U.S. Attorney’s Office grand jury investigation involving the reporting of infection outbreaks that resulted in several deaths.
• Conducted an internal investigation, in the midst of an approximately $350 million acquisition, in the U.S. and Costa Rica related to the sales and accounting practices of an outside technology sales entity.
• Defended a real estate investment entity in response to public corruption contentions under investigation by Swiss prosecutors related to the acquisition of real property in Romania and Moldova.
• Counsel to a Chinese manufacturer of transportation equipment in response to a public corruption investigation in South Africa.
• Counsel to an international design, engineering, and construction firm in response to qui tam FCA claims involving the performance of U.S. Agency for International Development contracts in Pakistan. The district court dismissed all claims.
• Engaged by a Dutch contractor to conduct an internal investigation of its Buy American Act and anti-boycott act compliance.
• Engaged by a Japanese consumer products manufacturer in connection with an internal employee embezzlement investigation in El Salvador and subsequent referral to the DOJ for prosecution.
• Defended an international hospitality company in a federal breach of contract lawsuit alleging failure to honor a licensing and development agreement for the Middle East and North Africa. All claims were favorably resolved on summary judgment.

Securities Enforcement

• Defending a former investment advisory representative in response to an SEC enforcement investigation involving approximately $100 million in real estate investment and development activity.
• Defended an approximately $100 million investment fund complex and fund manager in response to an SEC enforcement investigation related to investments in senior care facilities. The SEC declined enforcement following extensive briefing of the factual and legal merits.
• Defended the former CFO of a publicly traded technology company in an SEC enforcement investigation related to the restatement of approximately $140 million in revenue over multiple fiscal years.
• Defended the former business unit CFO of an approximately $75 billion company in response to an SEC enforcement investigation related to the accounting and monetization of billions of dollars in non-cash revenues.
• Counsel to the audit committee of an approximately $9 billion consumer products manufacturer in defense of an SEC and DOJ investigation of the company’s sales practices.
• Defended a biologics company executive in parallel DOJ and SEC investigations of alleged accounting irregularities. The DOJ immunized the client and the SEC closed its file in exchange for his criminal trial testimony.
• Defended the principal of an approximately $1 billion complex of private equity and venture funds in response to an SEC enforcement investigation related to a debt offering. The SEC terminated its investigation without taking any enforcement action following the submission of multiple Wells responses.
• Defended the CFO of a publicly traded health care company in connection with an SEC enforcement investigation focused on an accounting restatement and a separate change in revenue estimate. The SEC declined enforcement following multiple attorney proffers.
• Conducted an internal investigation on behalf of the audit committee of an approximately $400 million public company involving potential whistleblower claims by a former technical accountant.
• Defended the principals of a registered investment adviser with approximately $250 million in assets under management in response to an SEC insider trading investigation. The SEC terminated its investigation without taking any enforcement action.
• Represented a leading adviser to health savings account plan sponsors (with over $4 billion in combined assets) in response to an SEC Enforcement Division investigation involving alleged undisclosed conflicts of interest and failure to ensure best share class selection. The SEC terminated its investigation without taking any enforcement action.
• Represented the former head of collateralized debt obligation warehousing and syndication at a Fortune 50 financial institution in a series of enforcement investigations by the structured products team within the SEC’s Enforcement Division.
• Engaged by a Fortune 50 health care entity to conduct an internal investigation of putative whistleblower contentions related to the company’s accounting and finance organizations.
• Defended a former hedge fund portfolio manager in parallel DOJ and SEC enforcement proceedings involving $3.2 million of insider trading gain. The client was sentenced to a year and a day in custody despite a recommended term of 41 months under the federal sentencing guidelines. He was also ordered to pay merely $19,000 in disgorgement and a civil penalty of $38,000, despite the SEC’s request for $8.2 million in financial remedies.
• Defended an executive of a publicly traded company in response to an SEC administrative proceeding alleging insider trading in connection with a tender offer. The SEC administrative law judge (ALJ) rejected the Enforcement Division’s claims following the client’s trial testimony.
• Obtained a 12-month associational bar from an SEC ALJ in an administrative proceeding following the client’s criminal conviction for insider trading. The SEC’s Enforcement Division had requested a lifetime ban.
• Defended an international hospitality company in response to an SEC investigation involving the procurement of EB-5 visas in exchange for the investment of development funds.
• Counsel to multiple registered investment advisers, broker-dealers, and investment funds in response to SEC Office of Compliance Inspections and Examinations reviews.

Commercial Litigation

• Counsel to a multibillion-dollar communications company in connection with litigation of fraud claims in Delaware Chancery Court associated with its $63 million acquisition of an independent software vendor.
• Defended a national design and engineering firm charged with civil racketeering, fraud, and breach of contract associated with its management of an approximately $750 million K-12 schools construction program. Resolved $150 million of adverse civil claims for a $7.5 million foundation donation and no admission of liability.
• Represented the equity participant in a breach of contract and fraud action related to an approximately $300 million real estate joint venture. Following a valuation hearing, the court authorized collection of contract damages from the defendants’ joint-venture interests.
• Defended the seller of behavioral health assets in Delaware Chancery Court in response to fraud and breach of warranty claims related to $20 million transaction.