Corporate Compliance & Criminal Defense

Michelson, Kane, Royster & Barger P.C.

PRACTICE AREAS

Corporate Compliance and Criminal Defense

The construction industry is a world in which the contractor routinely encounters ethical and legal quandaries. A working knowledge of applicable statutory and regulatory law and common ethical mistakes are essential to work within the system to the greatest advantage without violating the law. We aim to ensure that our clients have the knowledge and appropriate programs in place to guide them and their employees in conducting business ethically and in compliance with legal and regulatory requirements. We are also experienced in defending our clients from all types of government investigations and are prepared to act as criminal defense counsel if required.

Corporate Compliance Programs

Federal and state regulations increasingly require contractors to implement a Corporate Compliance program in order to secure certain contracts. We will work with you to develop and implement a program which will educate and train your employees in their ethical and legal responsibilities and will prevent, detect, and deter criminal and unethical behavior in an ongoing manner. While you may genuinely believe that you conduct your business in an ethical manner, most violations unintentionally occur due to an inadequate understanding of the law and the elements which constitute a violation. As such, an effective program includes the following:

Identifying a specific individual within the company who is responsible for the administration and implementation of the program

Developing and implementing a Code of Ethical Conduct to meet the unique needs of your company

Identifying procedures for confidentially reporting suspected violations

Implementing procedures for Investigating* reported and suspected violations

Developing internal accounting controls to safeguard against inaccuracies, fraud or other misconduct

Conducting regular training to recognize and understand:

common dilemmas in bidding

the mechanics of a false claim or statement

when collusion among contractors may constitute mail or wire fraud

other topics specific to your company

* Our attorneys can undertake internal investigations of suspected or reported violations within your company. It is prudent to hire an attorney to conduct these investigations as the nature, conduct, and results are protected by the attorney/client relationship and attorney work product privilege. This affords a certain amount of protection against a competing government investigation which is not present if conducted by the company itself or an outside auditor.

Defending against Government Investigations

Whether it is a Grand Jury Subpoena, an investigation by the DOT or OSHA, a “whistleblower” action, or some other kind of government investigation, the key to success is often the speed and thoroughness of the response. Challenging situations call for creative and dynamic solutions. Our clients rely on our extensive experience in negotiating global resolutions of criminal and related civil or regulatory matters to reach a favorable and cost-effective resolution.

White Collar Criminal Defense

Our philosophy is that the best defense is a good offense through corporate compliance or negotiated settlement during investigation. However, should criminal charges be filed, we are ready to guide our clients through all aspects of the criminal procedure.

For more information about our Corporate Compliance & Criminal Defense practice, please contact Mark O’Hara.