Government Investigations and Corporate Compliance
Federal and state law enforcement investigations of companies in all industries continue to escalate.
By providing skilled regulatory and compliance guidance, we help clients develop programs to prevent wrongdoing. We conduct internal investigations and counsel clients on remedial efforts. If an enforcement action occurs, we help them reach a favorable resolution.
Our compliance and special investigations team has held leadership positions with the DOJ, including as former Associate Deputy Attorney General, in U.S. Attorneys’ Offices, and various state and national professional associations. The team has handled landmark enforcement actions on both sides of the aisle and provides clients insight into government investigations and prosecutions that only comes from leading such efforts for the government.
Our experience ranges from grand jury and internal investigations to False Claims Act litigation, to Office of Inspector General civil and criminal enforcement matters. Clients in industries ranging from healthcare to automotive to manufacturing to technology call Dykema when in need of insightful, experienced counsel.
Dykema attorneys have helped many clients prepare for and respond to unannounced government visits, whistleblowers and government investigations. We believe that companies will be in the best position to calmly and lawfully respond to events by following our guides, which are available below.
We represent financial institutions, their officers, and employees in federal, civil, and criminal enforcement matters, including:
- FIRREA investigations and related False Claims Act matters
- Internal investigations and reviews relating to commercial lending practices
- Administrative inquiries involving the OCC, Federal Reserve, and state regulators
Healthcare fraud continues to be one of the DOJ’s highest priorities. We defend clients confronting charges such as allegations of improper Medicare and insurance company billing; kickback allegations; and improper marketing arrangements.
We also have deep experience handling healthcare industry-related False Claims Act litigation and qui tam actions with a strong record of successful outcomes.
False Claims Act litigation has expanded to virtually every business sector, and companies and their officers must be prepared to handle whistleblower complaints and anticipate legal issues that can follow.
We have proven experience defending companies in False Claims Act litigation led by the government or a private-party relator, as well as counseling employers in addressing whistleblower claims, conducting internal investigations, and developing effective compliance policies.
Environmental and Safety Enforcement
Federal and state officials continue to emphasize enforcement of environmental and safety laws in business operations and transactions. Our team includes a former federal prosecutor who led federal multi-agency environmental crimes task forces and who participated in some of the largest corporate environmental and safety enforcement actions in the history of the automotive industry.
Multiplying rapidly for criminal investigations, civil and contract fraud cases, and whistleblower complaints, the economic and reputational stakes higher than ever.
We are fully versed in the issues associated with internal investigations and how to conduct these investigations. We also advise clients on business ethics and risk management needs, to put into place effective compliance programs that can reduce the risk of wrongdoing and the adverse consequences of a civil or criminal inquiry or enforcement action.
With the growth of international trade and cross-border business dealings, companies, including middle-market companies, continue to be closely scrutinized by the federal agencies that enforce the FCPA. The penalties have increased and the DOJ has revised its corporate cooperation program that includes incentives for self-disclosure and remediation.
Our team keeps close watch on DOJ corporate cooperation policies, and provides analysis of the FCPA and other domestic and international anti-corruption measures in order to review their application to business practices.
We also regularly assist clients in designing and implementing compliance programs that reflect best practices.
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