White Collar Criminal Defense – Federal

A company or individual who comes under federal criminal investigation must be able to respond immediately and intelligently so that important rights are not forfeited or waived. As former federal prosecutors, Mark Byrne and Dan Nixon know how to respond quickly and effectively when the government comes knocking. They know federal criminal law and procedure, including how prosecutors use grand juries. They have the ability and experience to get the best possible results in the toughest of criminal matters. Over the years, they have successfully represented clients in all stages of federal criminal matters throughout the United States, including:

  • Antitrust violations
  • Arson
  • Bank Fraud
  • Campaign Money Laundering
  • Computer and Internet Fraud
  • Conspiracy
  • Counterfeiting
  • Credit Card Fraud
  • Defense Procurement Fraud
  • Election Fraud
  • Embezzlement
  • Extortion
  • FDA / Government Fraud
  • Health Care Fraud
  • Import / Export / Customs violations
  • Mail Fraud
  • Money Laundering
  • Public Corruption
  • Securities Fraud / Insider Trading
  • Smuggling
  • Tax Fraud
  • Theft
  • Trade Secrets violations
  • Wire Fraud

Significant Matters

Represented general counsel of major supplement company being investigated by the Food & Drug Administration for various federal FDA related violations, including the importation and distribution of misbranded vitamins / drugs. Our client successfully asserted company’s attorney client and work product privileges, despite the threat of grand jury contempt and motions to compel. Case against the company was resolved, our client never was charged and never testified against anyone at the company.

Represented outside general counsel of an internet gambling company being investigated by the Southern District of New York for various federal gambling violations. No charges were filed against our client, and he successfully asserted company’s attorney client and work product privileges, despite the threat of grand jury contempt and motions to compel.

Represented CalPERS Board Member in connection with SEC and federal criminal investigation into CalPERS’ use of placement agents and alleged conflict of interests between external money managers and third-party placement agents. SEC and criminal investigations ended with no charges, civil or criminal, filed against our client.

Represented high ranking executive in federal investigation of illegal importation of misbranded food and transshipment of goods in violation of US anti-dumping laws. Our client pleaded guilty to a misdemeanor charge and received a probationary sentence.

Represented two high level executives in connection with the US government’s investigation into the failure of a large sub-prime lender during the recent Great Recession. Both clients were subjects of several federal criminal grand jury investigations, were targeted by civil lawsuits, and were repeatedly interviewed by law enforcement and Examiner/Receiver. No criminal charges or civil lawsuits filed.

Represented Asian company importing Chinese herbal medicines into the United States in connection with a Food & Drug Administration and federal criminal grand jury investigation into whether one of the company’s products caused a death in the United States. Company and company president initially were charged criminally in federal court, but charges were dismissed after our Firm was retained, we conducted a thorough investigation, and we presented compelling evidence to the authorities that the product in question was not misbranded and was not the cause of the individuals’ death.

Represented high-ranking bank official in Internal Revenue Service and federal grand jury investigation in connection with the bank and bank officials’ role in aiding and abetting the banks’ clients in evading income taxes by failing to declare on their tax returns the existence of foreign bank accounts. Our Firm’s client initially was identified as a target of the investigation, but we were able to persuade the government that our client had not involvement, criminal or otherwise, and no charges against our client were filed.

Represented owner / president of a health care provider / hospital in connection with a federal criminal grand jury health care fraud investigation into alleged billing improprieties and kickback payments. Our Firm’s client was identified as one of two targets, but after a lengthy investigation and numerous meetings with the federal authorities, we were able to convince the government that any improprieties were the result of rogue doctors who were lying to the government about our client’s role in order to lessen their own criminal culpability. No charges were filed against our client.

Represented various high-level crew members of freighter in connection with a federal criminal grand jury environmental investigation involving the alleged dumping overboard of waste water containing oil. Our Firm’s clients were Chinese nationals whom the government sought to prosecute for their roles in the alleged crime. We were able to successfully negotiate a Deferred Prosecution Agreement on behalf of our clients that enabled them to avoid prosecution and continue to work on ships that travelled throughout the world without fear of arrest and prosecution.

Represented a private equity firm in Orange County under criminal investigation by the Consumer Protection Branch of the United States Department of Justice in Washington DC for engaging in business opportunity fraud by allegedly making multiple misrepresentations to individuals in connection with the sale of vending machines. Law enforcement conducted a search at the vending machine company’s headquarters in Idaho, and initially identified the private equity firm’s owners as among the targets of their federal investigation. Eventually, we were able persuade the government that our clients were not actively involved in the business and had not engaged in any improper or illegal conduct. No charges were filed against our clients.

Represented a Chinese national in a Letters Rogatory / Mutual Legal Assistance Request proceeding in which a foreign government was attempting to recover more than $10 million allegedly stolen by our client. Case resolved with no extradition, no charges filed, and no allegations proven.

Represented an employee of garment manufacturing company charged with 99 felony counts of conspiracy, smuggling and fraud in an alleged multi-million dollar fraud prosecution in U.S. District Court in Los Angeles. Case resolved with a guilty plea to a single count and no jail time.

Represented an executive with a foreign pharmaceutical company charged with multiple felonies related to the importation of banned substances. Case resolved with a guilty plea to a single misdemeanor charge.

Represented an executive with California company investigated for importation of banned wildlife. Prosecution declined – no charges filed.

Represented entrepreneur engaged in import/export business investigated for alleged crimes involving the exportation of consumer electronics. Prosecution declined – no charges filed.

Represented former assistant sheriff in federal corruption investigation of former Orange County Sheriff Mike Carona. After extensive cooperation and testimony, the client’s case was resolved with a plea to single tax charge. Client received probation and no jail time.

Represented an executive with a financial services company whose partners were prosecuted federally in the Southern District of New York for stealing over $500 million in investors’ money. We met with federal law enforcement agents prosecutors and were able to demonstrate to them that our client was not complicit in the theft. Criminal charges were not filed against the client.

Represented crew members and command staff of various foreign flagged commercial vessels in numerous federal environmental investigations in the Central District of California concerning illegal falsification of records and dumping of oil and refuse into U.S. waters.

Represented a physician involved in a federal investigation for alleged Medicare fraudulent billing scheme in the Northern District of California. No criminal charges were filed against our client.

Represented owner of Los Angeles based restaurant in federal prosecution in Los Angeles for illegal importation of food products from Japan. Negotiated settlement resulted in probation and no jail time.

Represented real estate loan broker charged in federal court in Orange County for his participation in a multi-million dollar loan fraud scheme. Case resolved for no jail time.

Represented former Bay Area executive under investigation for federal anti-trust violations in the Northern District of California. We persuaded the United States Justice Department to not file criminal charges against our client.

Represented law enforcement officer in federal corruption investigation in the Central District of California. No criminal charges were filed.