White Collar Defense, Investigations & Compliance Counseling

Our White Collar Defense, Investigations and Compliance Counseling Group represents domestic and international companies, financial institutions and individuals in domestic, international, and cross-border governmental investigations and enforcement actions, internal investigations, litigation, arbitrations, and commercial disputes.

The McGonigle, P.C. team of former federal prosecutors and enforcement attorneys has represented companies and individuals accused of business crimes, Foreign Corrupt Practices Act violations, public corruption, securities law violations and other fraudulent practices by the Department of Justice Criminal Division, the U.S. Attorney's Offices, State Attorneys General, District Attorneys' Offices, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Energy Regulatory Commission. We work with companies to conduct internal investigations and represent individual exec-utives in corporate internal investigations. In criminal prosecutions, enforcement actions and regulatory matters, we have represented broker-dealers, registered representatives, hedge funds, investment advisors and corporate executives. In some of our most important victories, we have convinced criminal and enforcement authorities not to proceed against our clients.

Our approach on any given matter is tailored to achieving the best possible result for our client in light of the circumstances that provoke the interest of governmental enforcement agencies, potential claimants or litigation opponents. Where possible, the Group seeks to assist our clients proactively in avoiding the problems that lead to governmental investigations, formal proceedings and disputes, and to position our clients to achieve the best possible result when adversarial proceedings become necessary. We therefore routinely support our clients through counseling, training, and the development of comprehensive compliance programs to address and meet current and future governmental and regulatory requirements and expectations.

Group members are Department of Justice, United States Attorney's Office, SEC and CFTC alumni with substantial investigative, regulatory, arbitration, mediation, enforcement and federal and state trial and appellate experience.

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Looking Forward

The Biden DOJ will increase corporate investigations and prosecutions of executives as an outgrowth of the policies it set into motion in 2021, including requiring disclosure of all individual wrongdoers in order to earn corporate cooperation credit and its focus on recidivist corporate conduct. Its new National Cryptocurrency Enforcement Team will headline a nationwide and international effort to stymie the use of cryptocurrencies to facilitate criminal activities. Targeted activities will range from the use of crypto as a means of payment in ransomware attacks; crypto to facilitate illegal trade, money laundering and tax avoidance; and pump-and-dump schemes targeting crypto investors. In carrying out this aggressive agenda, expect greater global enforcement collaboration on the anti-bribery front and more generally.