Government investigations

Before the government brings a civil or criminal case into court, a lengthy investigation is conducted.   In white collar matters, these investigations are typically conducted simultaneously by both law enforcement and one or more civil enforcement/regulatory agencies.  When business transactions or financial activity is involved, it is common to see the Federal Bureau of Investigation, the Internal Revenue Service, the U.S. Securities and Exchange Commission, and a state regulatory agency all investigating the same underlying conduct.  This scenario is often referred to as a “parallel investigation.”  The outcome of these investigations can vary but can include some or all of the following: criminal charges, civil enforcement actions, regulatory fines, and professional licensure discipline or suspension.   Navigating your way out of this complex web of investigations can be extremely difficult.  

If you or your business is the subject of an inquiry by multiple agencies, it is important that you hire an experienced attorney, with an understanding of both civil and criminal law, so that you can manage and mitigate the many pitfalls you may be facing.  For example, if your profession is highly regulated you may be obligated to cooperate in a regulatory or civil inquiry.   However, whether you in fact cooperate must be weighed against the possibility of providing incriminating evidence or information, which could be used against you in a subsequent criminal prosecution.  Regulatory agencies often share their information with law enforcement and there is always the risk that whatever you say during a regulatory investigation will later be introduced against you at a criminal trial.  

Andrew Searle has significant experience in this area, and has handled, as both a prosecutor and a defense attorney, parallel investigations.  Andrew can formulate a strategy that will seek to resolve the government’s investigation or enforcement action in a manner that is favorable to you or your business.