Government/Internal Investigations

The federal False Claims Act, its state counterparts, whistleblower and retaliation provisions in an array of federal and state statutes, Sarbanes-Oxley and the heightened focus on compliance and corporate accountability place a premium on knowledgeable and savvy compliance counsel. Even organizations committed to compliance, moreover, occasionally encounter situations where a discreet, effective and prompt internal investigation is crucial to the well-being of the organization. We have the skill set necessary when such services are required. Ward Greenberg lawyers represent corporations, partnerships and individuals in connection with both confidential internal investigations, and civil and criminal investigations by governmental agencies as well. These matters often are invasive and laden with risk; they also can paralyze both their subjects and their targets. We work hard to bring closure to these matters, in a discreet fashion and with minimal disruption to business operations and personal lives. During the investigation phase, our lawyers assist with the preparation of responses to information subpoenas or civil investigative demands, coordinate and conduct necessary internal investigations, and negotiate with prosecutors and other government officials. We also have the knowledge and trial experience to litigate whenever necessary, either at regulatory or licensure hearings, or in civil lawsuits and criminal proceedings.

Representative matters include:

• Coordinating internal investigation of alleged embezzlement by corporate finance officers of major corporation.
• Defending hospital in grand jury investigation conducted by the New York State Attorney General’s Office concerning alleged performance of unnecessary surgical procedures and related allegations of wrongdoing.
• Representing principal of mortgage lending firm in federal grand jury investigation and subsequent criminal proceedings.
• Conducting confidential internal investigation into allegedly intentional plan to document and bill for services never provided by independent contractor to major healthcare provider.
• Representing chemical repackager and senior management in criminal and civil antitrust/price fixing probe.
• Conducting investigations into alleged scheme by scientists employed at major research facility to secure kickbacks and other illegal financial remuneration by falsification of underlying research data.
• Representing chemical company in federal and state multi-agency criminal investigation related to allegedly unlawful chemical discharge.
• Defending surgical group and principals in Medicare investigation (criminal and civil) jointly conducted by HHS Office of Inspector General and Department of Justice.
• Investigating allegations of non-compliance with internal research protocols, including instances of failure to secure appropriate IRB review and approval prior to conducting human subject research.
• Representing client in internal investigation into allegations of IRB protocol violations by team of faculty research scientists.
• Representing medical providers in connection with investigations by HHS OIG, New York State Attorney General’s Medicaid Fraud Control Unit, New York State Office of the Medicaid Inspector General and Department of Justice.
• Defending employers and senior managers in cases involving “whistleblower” liability under New York Labor Law Section 740, and Federal False Claims Act.
• Assisting hospitals and healthcare providers with investigations related to alleged provision of medically unnecessary, unbundled or unauthorized services.
• Regular representation of employers conducting internal investigations into claims of retaliation, discrimination, harassment or financial wrongdoing by selected employees.