Compliance Week Examines Maurice E. Stucke’s Recent Research on Compliance Programs

Posted on January 22, 2014 by Brad Geyer

Compliance Week’s review of the latest working paper by GeyerGorey’s Maurice Stucke affirms the nagging doubts commonly shared by compliance officers and inside counsel alike about the effectiveness of their compliance programs.

FOR IMMEDIATE RELEASE

PRLog (Press Release) – Jan. 22, 2014 – WASHINGTON, D.C. — “An eye-opening academic paper.” That was the response to Maurice E. Stucke’s latest working paper, In Search of Effective Ethics & Compliance Programs, which Compliance Week reviewed recently.

As Professor Stucke explains, the U.S. Sentencing Commission’s Organizational Guidelines for over twenty years have offered firms a significant financial incentive to develop an ethical organizational culture. Nonetheless, corporate crime persists. Too many ethics programs remain ineffective. As his article argues, the Guidelines’ current approach is not working. The evidence, which includes sentencing data over the past twenty years, reveals that few firms have effective ethics and compliance programs. Nor is there much hope that the Guidelines’ incentives will induce companies, after the economic crisis, to become more ethical.

The problem is not compliance per se. The empirical research, while still developing, suggests that compliance efforts can be effective, and that effective compliance is attainable for many companies. The problem, Professor Stucke identifies, is attributable to an extrinsic, incentive-based approach to compliance, which does not cure, and likely contributes to, the problem of ineffective compliance.

In his article, What You Believe About Effective Compliance, And What Works, Matt Kelly summarizes Prof. Stucke’s piece,

Good news for chief compliance officers frustrated with the effectiveness of your compliance program, or the lack thereof: you are correct to feel that way.

That’s the conclusion of an eye-opening academic paper, “In Search of Effective Ethics & Compliance Programs,” published last month by University of Tennessee law professor Maurice Stucke. If you ever wanted to confirm that nagging feeling you have that maybe our approach to building compliance programs and deeming them effective isn’t quite right, read this 88-page paper immediately.

Professor Stucke is part of GeyerGorey’s compliance team, which blends its experience in enforcement, in-house counseling, criminal and civil defense, and qui tam litigation, to help companies efficiently identify, address, and mitigate litigation risks from the onset and develop an organizational culture that encourages ethical conduct and a commitment to comply with the law.

MainJustice.Com: “Former Civil Division Fraud Leader Joins White Collar Firm”

Posted on October 17, 2013 by Brad Geyer

MainJustice.Com: “Former Civil Division Fraud Leader Joins White Collar Firm”

Patricia Davis, former Assistant Director, Fraud Section, Civil Division, joins GeyerGorey LLP

Posted on October 15, 2013 by Brad Geyer

Patricia Davis, a twenty-year veteran of the Department of Justice, has joined GeyerGorey LLP as of counsel. She previously served as Assistant Director, Fraud Section, Civil Division, U.S. Department of Justice, where she was responsible for investigating and prosecuting hundreds of cases involving fraud on government healthcare, procurement and grant/loan programs. Prior to joining the Department, Ms. Davis was Deputy Counsel to the Inspector General at the General Services Administration. She is the eleventh former DOJ prosecutor to join the boutique law firm in less than a year.

(See the firm’s Representative Matters by clicking here [this is not a comprehensive list and does not yet incorporate any of Ms. Davis’s experience])

“The scope and breadth of Pat’s experience is unparalleled. Much of the Civil Division’s enforcement program focusing on Defense Department contracts and pharmaceuticals rested squarely on her shoulders,” said Brad Geyer, one of the firm’s founding partners. “We are delighted that Pat has decided to join us.”

Robert Zastrow, who was Verizon’s Assistant General Counsel for 15 years before co-founding the firm in October 2012, added,“ Pat Davis is an excellent addition to our corporate compliance and white collar practice.”

“I believe that Pat brings our firm to a new level in terms of our ability to get cases placed appropriately and to enhance the chances that our qui tam (False Claims Act) cases will be adopted by the government,” said Hays Gorey, a firm co-founder. “With Pat’s terrific background and deep legal knowledge, we are uniquely positioned to develop cases so that they are ready, when filed, to be transitioned immediately to the appropriate U.S. Attorney’s Office or the Civil Division of the Department of Justice.”

Headquartered in Washington, D.C., with offices in New York, Boston, Philadelphia and Dallas, GeyerGorey LLP specializes in white collar criminal defense, particularly investigations and cases involving allegations of economic crimes, including violations of the federal antitrust laws (price fixing, bid rigging, territorial and customer allocation agreements), the procurement and grant fraud statutes, the securities laws, the Foreign Corrupt Practices Act, the False Claims Act and other whistleblower actions. The firm also conducts internal investigations of possible criminal conduct and provides advice regarding compliance with antitrust, anti-bribery and other laws and regulations, in addition to advising on voluntary and mandatory disclosure issues. For further information, please call Patricia Davis at (202) 559-1456 or email [email protected].

United States and Switzerland Issue Joint Statement Regarding Tax Evasion Investigations Switzerland Encourages Its Banks to Cooperate with New Program Which Will Require Significant Financial Penalties and Information Sharing from Banks That Aided Secret Account Holders

Posted on August 29, 2013 by Brad Geyer

The Department of Justice today announced a program that will encourage Swiss banks to cooperate in the department’s ongoing investigations of the use of foreign bank accounts to commit tax evasion. The department also released a joint statement with the Swiss Federal Department of Finance, stating that Switzerland will encourage its banks to participate in the program.

“This program will significantly enhance the Justice Department’s ongoing efforts to aggressively pursue those who attempt to evade the law by hiding their assets outside of the United States,” said Attorney General Eric Holder. “In addition to strengthening our partnership with the Swiss government, the program’s requirement that Swiss banks provide detailed account information will improve our ability to bring tax dollars back to the U.S. treasury from across the globe.”

“This program will provide us with additional information to prosecute those who used secret offshore bank accounts and those here and abroad who established and facilitated the use of such accounts,” said Deputy Attorney General James M. Cole. “Now is the time for all U.S. taxpayers who hid behind Swiss bank secrecy laws or have undeclared offshore accounts in other foreign countries to come forward and resolve their outstanding tax issues with the United States.”

Under the program, which is available only to banks that are not currently under criminal investigation by the department for their offshore activities, participating Swiss banks will be required to:

Agree to pay substantial penalties
Make a complete disclosure of their cross-border activities
Provide detailed information on an account-by-account basis for accounts in which U.S. taxpayers have a direct or indirect interest
Cooperate in treaty requests for account information
Provide detailed information as to other banks that transferred funds into secret accounts or that accepted funds when secret accounts were closed
Agree to close accounts of account holders who fail to come into compliance with U.S. reporting obligations

Banks meeting all of the above requirements will be eligible for non-prosecution agreements. Banks currently under criminal investigation related to their Swiss banking activities, and all individuals, are expressly excluded from the program.

The program holds banks to a higher degree of responsibility for opening secret accounts after it became publicly known that the department was actively investigating offshore tax evasion in Switzerland. Under the penalty provisions of the program, banks seeking a non-prosecution agreement must agree to a penalty in an amount equal to 20 percent of the maximum aggregate dollar value of all non-disclosed U.S. accounts that were held by the bank on Aug.1, 2008. The penalty amount will increase to 30 percent for secret accounts that were opened after that date but before the end of February 2009 and to 50 percent for secret accounts opened later than that.

The program will significantly assist the department’s efforts to investigate and prosecute U.S. taxpayers who, when faced with the risk of detection, chose to move funds away from banks under investigation to banks that they believed might be better havens for tax secrecy. A key component of the program requires cooperating banks to provide information that will enable the United States to follow the money to other Swiss banks and to banks located in other countries.

The program also provides a path to resolution for Swiss banks that were not engaged in wrongful acts with U.S. taxpayers but nonetheless want a resolution of their status. Most banks in this category will be asked to provide an internal investigation report prepared by an independent examiner, as well as any additional information requested by the department. A smaller group of banks will be allowed to show that they met certain criteria for deemed-compliance under the Foreign Account Tax Compliance Act (FATCA). Banks in these two groups will be eligible to receive non-target letters.

The program is intended to enable every Swiss bank that is not already under criminal investigation to find a path to resolution. It also creates significant risks for individuals and banks that continue to fail to cooperate, including for those Swiss banks that facilitated U.S. tax evasion but fail to cooperate now, for all U.S. taxpayers who think that they can continue to hide income and assets in offshore banks, and for those advisors and others who facilitated these crimes.

Since 2009, the department has charged more than 30 banking professionals and 68 U.S. accountholders with violations arising from their offshore banking activities. Fifty-four U.S. taxpayers and four bankers and financial advisors have pled guilty, and five taxpayers have been convicted at trial. One Swiss bank entered into a deferred prosecution agreement, and a second Swiss bank was indicted and pleaded guilty. Currently, the department is actively investigating the Swiss-based activities of 14 financial institutions. The department’s enforcement activities are global and have also included public actions concerning activities in India, Luxembourg, Israel and the Caribbean.

The program does not address current or future investigations and pending cases concerning bank employees, financial advisors and other individuals. The department will address each of these cases only with the individual’s counsel, in a manner that gives consideration to the particular facts and circumstances of each case. In those cases in which indictments are pending, any resolution will also require addressing outstanding issues with the court. Counsel for banks currently under investigation, individuals who have been indicted, or bank employees who are concerned about whether they have potential criminal liability should contact the department’s Tax Division or the prosecutors handling their case if they wish to seek resolution.

The department notes that the joint statement with the Swiss Federal Department of Finance provides that if personal data are provided, they should only be used for purposes of law enforcement, which may include regulatory action, in the United States or as otherwise permitted by U.S. law. Additionally, the department has assured its Swiss counterparts that it understands that simply because the names of individuals are included in the information that it receives from a bank does not necessarily mean that any particular individual is or is not culpable of wrongdoing. The support that Switzerland has shown for this program may also help those banks already under investigation take some of the steps necessary to reach a resolution.

“Banks that come forward under the program that we have announced today have the opportunity to reach a resolution with the United States,” said Assistant Attorney General for the Tax Division Kathryn Keneally. “The program will give us yet more information to pursue U.S. taxpayers who are continuing to hide their assets in offshore accounts, and creates significant risks for those Swiss banks that fail to come forward. We recognize and express our appreciation for Switzerland’s support of the program.”

“The program the Department of Justice announced today is another positive step forward in the U.S. government’s continuing efforts to combat offshore tax evasion,” said Danny Werfel, Acting Commissioner of the Internal Revenue Service. “On behalf of the IRS, I extend my appreciation to both the Justice Department and the Swiss government for developing a way forward that provides the United States with information that will be critical to the enforcement of our tax laws and will bring closure for Swiss banks that meet the requirements of the program.”

MRI Diagnostic Testing Company, Imagimed LLC, and Its Former Owners and Chief Radiologist to Pay $3.57 Million to Resolve False Claims Act Allegations

Posted on August 27, 2013 by Brad Geyer

New York-based Imagimed LLC, the company’s former owners, William B. Wolf III and Dr. Timothy J. Greenan, and the company’s former chief radiologist, Dr. Steven Winter, will pay $3.57 million to resolve allegations that they submitted to federal healthcare programs false claims for magnetic resonance imaging (MRI) services, the Justice Department announced today. Imagimed owns and operates fifteen MRI facilities, located primarily in New York state, under the name “Open MRI.”

Allegedly, from July 1, 2001, through April 23, 2008, Imagimed, Greenan, Wolf and Winter submitted claims to Medicare, Medicaid and TRICARE for MRI scans performed with a contrast dye without the direct supervision of a qualified physician. Since a potential adverse side effect of contrast dye is anaphylactic shock, federal regulations require that a physician supervise the administration of contrast dye when it is used for an MRI. Also, allegedly, from July 1, 2005, to April 23, 2008, Imagimed, Greenan, Wolf and Winter submitted claims for services referred to Imagimed by physicians with whom Imagimed had improper financial relationships. In exchange for these referrals, Imagimed entered into sham on-call arrangements, provided pre-authorization services without charge and provided various gifts to certain referring physicians, in violation of the Stark Law and the Anti-Kickback Statute.

“The Department of Justice is committed to guarding against abuse of federal healthcare programs,” said Stuart F. Delery, Assistant Attorney General for the Civil Division. “We will help protect patients’ health by ensuring doctors who submit claims to federal healthcare programs follow proper safety precautions at all times.”

U.S. Attorney for the Northern District of New York, Richard S. Hartunian said: “This case is an example of our commitment to using all of the remedies available, including civil actions under the False Claims Act, to ensure patient safety and combat health care fraud. Stripping away the profit motive for circumventing physician supervision requirements has both a remedial and a deterrent effect. The settlement announced today advances our critical interest in both the integrity of our health care system and the safe delivery of medical services.”

The allegations resolved by the settlement were brought in a lawsuit filed under the False Claims Act’s whistleblower provisions, which permit private parties to sue for false claims on behalf of the government and to share in any recovery. The whistleblower in this case, Dr. Patrick Lynch, was a local radiologist and will receive $565,500.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $14.8 billion through False Claims Act cases, with more than $10.8 billion of that amount recovered in cases involving fraud against federal health care programs.

The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York; the Justice Department’s Civil Division, Commercial Litigation Branch and the Department of Health and Human Services’ Office of Inspector General.

The case is United States of America ex rel. Lynch v. Imagimed LLC, et al. (N.D. N.Y.). The claims released by the settlement are allegations only, and there has been no determination of liability.

Texas-Based School Chain to Pay Government $3.7 Million for Submitting False Claims for Federal Student Financial Aid Schools Located in Texas, Florida, New Mexico and Oklahoma

Posted on August 22, 2013 by Brad Geyer

ATI Enterprises Inc. will pay the government $3.7 million to resolve False Claims Act allegations that it falsely certified compliance with federal student aid programs’ eligibility requirements and submitted claims for ineligible students, the Justice Department announced today.

“Federal financial aid is meant to help students obtain a quality education from an eligible institution, and the Department of Justice is committed to ensuring colleges comply with the rules to make certain that happens,” said Stuart F. Delery, Assistant Attorney General for the Civil Division.

Allegedly, ATI Enterprises knowingly misrepresented to the Texas Workforce Commission and to the Accrediting Commission of Career Schools and Colleges its job placement statistics to maintain its state licensure and accreditation. To participate in federal student aid programs, as authorized by Title IV of the Higher Education Act of 1965, as amended (Title IV), schools must enter into a contract with the Secretary of Education called a Program Participation Agreement, in which they agree to a number of terms. For example, if an institution advertises its job placement rates as a means of attracting students to enroll, it must make available to prospective students its most recent and accurate employment statistics to substantiate the truthfulness of its advertisements. The government alleged that, by misrepresenting its job placement statistics, ATI Enterprises fraudulently maintained its eligibility for federal financial aid under Title IV.

The government further alleged that ATI employees engaged in fraudulent practices to induce students to enroll and maintain their enrollment in the schools. This falsely increased the schools’ enrollment numbers, and consequently, the amount of federal dollars they received at the expense of taxpayers and students, who incurred long-term debt.

“Misuses of the federal student aid system must not be tolerated, for the sake of the taxpayers and of the innocent individuals who are seeking a quality education,” said Sarah R. Saldaña, U.S. Attorney for the Northern District of Texas, where some of the ATI campuses involved in the lawsuit are located.

Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida said: “Federal financial aid is there to help students attain their dreams and goals, and misuse of these funds to increase corporate profits is unacceptable. We are committed to ensuring that federal student aid is used for the benefit of students.”

The settlement amount will be paid from funds supporting three letters of credit that ATI provided to the Department of Education. In addition to the False Claims Act settlement, the Department of Education will disburse from the letter of credit funds $2 million for student loan refunds in relation to cases students filed against ATI in Texas state courts and other related arbitrations.

“Federal student aid exists so that students can make the dream of a higher education a reality. That’s why misuse in any way of these vital funds cannot be tolerated,” said Kathleen Tighe, Inspector General of the U.S. Department of Education. “I’m proud of the work of OIG special agents for holding ATI Enterprises accountable and for protecting the integrity of federal education dollars.”

The settlement resolves allegations made in two separate complaints against ATI Enterprises Inc., and related entities filed under the False Claims Act’s qui tam, or whistleblower, provisions, which permit a private individual to file suit for false claims to the government and to share in any recovery. The first complaint, U.S. ex rel. Aldridge, et al. v. ATI Enterprises Inc., et al., was filed in July 2009 in the U.S. District Court for the Northern District of Texas. The second complaint, U.S. ex rel. Ramirez-Damon v. ATI Enterprises Inc., was filed in July 2011 in the U.S. District Court for the Southern District of Florida.

This matter was investigated by the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Northern District of Texas, the U.S. Attorney’s Office for the Southern District of Florida, and the Department of Education’s Office of Inspector General and Office of General Counsel. The claims settled by this agreement are allegations only, and there has been no determination of liability.

GeyerGorey LLP Issues Updated Representative Matters List; Experience is Wide and Deep

Posted on August 20, 2013 by Brad Geyer

Representative Matters

Our attorneys have led and participated in some of the highest profile matters in the past decade, both while in the government and in private practice. We have been involved in the most significant criminal cartel cases, the most important mergers, the most notable civil antitrust investigations, the largest procurement fraud cases, and game-changing antitrust cases that reached the United States Supreme Court. Our collective experience stands as a testament to our work ethic, our drive for excellence, and the trust and responsibility we have been given by our clients and the government.

International Cartels:

Led investigation and prosecution of marine contractors engaged in conspiracy to suppress and eliminate competition to install deep sea oil platforms
Led investigation and prosecution of international freight forwarders engaged in conspiracy to fix prices on international air cargo shipments
Led investigation and prosecution of household-goods moving contractors engaged in conspiracy to fix prices for international moving services provided to Department of Defense
Investigation and prosecution of graphite electrodes manufacturers
Investigation and prosecution of ocean shipping companies
Investigation and prosecution of a FTSE 250 engineering company that resulted in the indictment, extradition and conviction of its former chief executive
Defended foreign construction company in investigation and prosecution of alleged billion-dollar bid rigging scheme, in related qui tam litigation, and in other related matters
Defended foreign vitamin manufacturers in investigations and prosecutions of alleged international price-fixing agreements
Defended foreign specialty chemical manufacturers in investigations and prosecutions of alleged international price-fixing agreements
Defended U.S.-based executive of foreign company in criminal and civil litigation related to his alleged role in an international cartel to fix prices in the marine supply industry
Defended foreign executive of foreign company in criminal and civil litigation related to his alleged role in the conspiracy to fix air cargo rates around the world
Defended international freight forwarder in criminal litigation related to its alleged role in an international conspiracy to rig bids on U.S. military shipping contracts
Investigation and subsequent prosecution of foreign vitamin manufacturers for price fixing conspiracy

Domestic Price Fixing and Bid Rigging:

Defended electrical products manufacturer in first felony prosecution under the Sherman Act and in civil treble damage litigation
Represented a class of nurses in litigation against a hospital association and a number of Arizona hospitals
Represented the State of Ohio against a number of dairies for allegedly rigging bids of school milk
Investigation and prosecution of highway paving contractors in multiple districts for bid rigging
Investigation and prosecution of military insignia providers supplying the Army Air Force Exchange System with over 4,000 items of insignia
Represented metal drum manufacturer in prosecution for price fixing
Investigation of polypropylene bag manufacturers and that resulted in the prosecution of a manufacturer for Buy American Act violations and conspiracy to defraud
Investigation and prosecution of nearly 40 cases against paving contractors for conspiring to rig bids in connection with federal and state highway and airport contracts
Investigation and prosecution of an auction rigging conspiracy involving auto parts to by the Department of Defense at Defense Reutilization Marketing Offices (DRMO)
Investigation and prosecution of multiple electrical construction contractors for conspiring to rig bids for major power wiring contracts associated with steel mills and waste water treatment plants
Investigation and prosecution of multiple wholesale grocery companies and bid managers for rigging bids to school districts, hospitals and jails in southern Texas
Investigation and prosecution of multiple dairies for rigging bids for school milk sold to districts in Louisiana
Investigation and prosecution of crawfish processors for fixing prices paid to crawfish farmers and fishermen
Investigation and prosecution of bribery conspiracy involving the reconstruction of the New Orleans levee system after Hurricane Katrina
Investigation and prosecution of fire protective services company and its president
Investigation and prosecution of an Iraq-based general construction bid rigging scheme
Investigation and prosecution of conspiracy to solicit kickback scheme involving security services on a US Agency for International Development contract
Investigation and prosecution of fuel theft from an overseas United States military facility
Investigation and prosecution of a Europe-based scheme to defraud the Iraqi government by facilitating the fraudulent claim for payment of armored vehicles that were never delivered
Represented individual accused of defrauding government defense agency out of hundreds of thousands of dollars of grant money
Represented company accused of defrauding government by failing to supply vitamin-enriched food products with the proper level of enrichment
Represented large computer software company in internal investigation of improper influence on government contracting process

General Criminal:

Defended CEO and three closely-held companies in a multi-state racketeering and tax fraud prosecution
Investigation and prosecution of multiple labor racketeering cases ranging from prosecutions of United Mine Worker Union officials for theft of union funds used to pay for the murder of a political opponent of the union president to the prosecution of two Boston-based racketeers for actions associated with their travel to California in connection with a union organizing effort at a San Rafael newspaper
Investigation and prosecution of the mayor of a New Jersey town for taking bribes in connection with the permitting of a tank farm at the terminus point of a major Gulf Coast to East Coast pipeline
Investigation and prosecution of the most prolific serial bank robber in United States history
Investigation and prosecution of the murder for hire of a government witness and one of the largest cocaine importation conspiracies East of the Mississippi River
Investigation and prosecution of numerous gun, drug and false identity cases
Investigation and prosecution of multiple obstructions of justice, contempt, false statement, witness tampering and perjury cases arising out of grand jury investigations
Investigation and prosecution of bank fraud cases
Represented individuals before the District of Columbia Court of Appeals in appeals from criminal convictions (more than a dozen cases)
Defended individual in intelligence community in investigation by DCIS for alleged violations of public corruption statutes (18 U.S.C §§ 207 & 208)
Defended individual in criminal investigation by Inspector General of NASA
Defended individual in federal bribery investigation
Defended government contractor in investigation by the Inspector General of the Department of Agriculture
Defended several regional hospitals in various unrelated federal investigations of allegedly fraudulent billing practices, Stark violations
Represented hospital CEO in investigation of alleged Stark violations
Represented pathology laboratory in healthcare fraud investigation
Represented national healthcare company in investigation of allegedly criminal off-label marketing
Represented various individuals in applications for presidential pardons

Mergers and Acquisitions:

Represented Warner Music in connection with the proposed acquisition of EMI by Universal Music
Represented DISH Network in opposition to the proposed acquisition of T-Mobile by AT&T
Represented Merck in connection with its acquisition of Schering Plough
Represented Simon Properties in connection with its acquisition of Prime Outlets
Obtained antitrust clearance in the acquisition of Liquid Container by Graham Packaging
Obtained consent decree against nuclear engineering firm which had acquired another firm with the same engineering specialty
Represented major home healthcare provider in acquisition valued in excess of $500 million
Represented pathology laboratory in merger valued in excess of $100 million
Represented foreign mining company in acquisition of US coal mines valued over $1 billion
Represented hospital management company in acquisition valued in excess of $500 million
Represented individual in several acquisitions of stock each valued in excess of $100 million
Represented major over-the-counter pharmaceutical company in four different acquisitions over several years whose values ranged from over $100 million to over $500 million
Represented national restaurant chain in acquisition valued at about $1 billion
Represented regional hospital chain in acquisition of a hospital valued above $50 million
Represented hospital valued in excess of $100 million in sale to state hospital system

Civil Antitrust Matters:.

Defended large telecommunications provider in three week trial for alleged exclusionary conduct directed towards telecom services resellers.
Represented large telecommunications provider as plaintiff in case alleging monopolization of market for telecom switch software.
Represented leading music copyright licensing organization in a decade-long investigation by the Department of Justice
Led the investigation of Ticketmaster at the Department of Justice
Led major, successful prosecution by United States Department of Justice of conspiracy among twenty-four leading market-makers in NASDAQ stocks, including Goldman, Sachs & Co. and J. P. Morgan Securities, Inc. who had conspired to maintain spreads between buying and selling prices of NASDAQ stocks
Defended large telecommunications provider in multi-year litigation brought by competitive telecom carrier alleging monopolization of market for high speed data services
Led successful investigation and prosecution of Salomon Bros Inc. and two hedge funds, Caxton Corporation and Steinhardt Partners, LP, to limit the supply of two-year Treasury notes to the “repo,” or “repurchase agreement,” market
Successfully brought the Reagan Administrations ‘s first challenge to a merger (brewing industry)
Successfully represented the United States in a litigated matter challenging field of use restrictions in patent licensing agreement in specialty chemicals
Successfully represented the United States in challenge to professional rules of conduct limiting competition among accountants in Texas
Successfully represented the United States in challenge to acquisition by Texaco, Inc. of an independent oil refining company
Represented high-tech electronic service provider with respect to antitrust issues in a bet-the-company patent infringement case
Represented sporting goods manufacturer in vacating a consent decree
Represented leading music copyright pool in civil antitrust investigation leading to vacating of an earlier consent decree and modification of another consent decree
Represented hospital CEO in litigation arising from denial of physician staff privileges

Antitrust Compliance Counseling:

Advised large telecommunications provider on its price and product bundling
Advised large telecom provider in connection with a joint venture of three carriers to entire the mobile payments market with mobile phones
Advised major manufacturer of household appliances on antitrust compliance
Advised major manufacturer of high-end kitchen appliances on antitrust compliance
Advised major manufacturer of over-the-counter pharmaceutical on antitrust compliance
Advised regional airport on state action doctrine and compliance with antitrust laws
Advised national trade association on antitrust compliance and Noerr-Pennington doctrine
Advised international shipping company on compliance regarding competition, fraud, and foreign corrupt practices
Advised African government on contracting and anti-fraud and anti-corruption best practices

Other Civil Litigation:

Represented Haiti in multinational investigation and litigation leading to the recovery of money stolen by its former president Jean-Claude Duvalier
Represented developers in multiple appeals involving alleged illegal cooperative conversion terms
Defended law firm in $10 million professional malpractice action
Defended various healthcare providers in numerous different federal investigations of alleged fraud, related qui tam cases, and related whistleblower termination actions
Defended CMS contractor in qui tam case
Represented regional Medicare Advantage organization in suit against the U.S. Government
Defended book distributor and publisher in defamation case
Defended author in defamation case
Represented gaming company in civil rights action relating to state gaming regulations
Defended copyright and trademark owner in intellectual property litigation
Defended local retailer of gray market goods in trademark infringement litigation
Represented major multinational corporation in suit seeking refund of local corporate franchise tax
Represented government contractor in appeal of denial of security clearance
Defended employers in cases alleging violation of wage-and-hour statute
Represented developers in multiple appeals involving alleged illegal cooperative conversion terms
Defended employer in case alleging employment discrimination
Defended employer in case alleging sexual harassment
Defended employers in cases alleging unlawful discharge

Experience by Industry:

Air Cargo
Aircraft Parts (Domestic)
Airlines
Airport Contracts
Automobile Dealers (Domestic)
Airlines
Asset Forfeiture
Auction Rigging (Multiple Industries)
Banking (International)
Baked Goods (Domestic)
Baking Soda
Book Publishing
Bridge Construction
Carbon Products
Caustic Soda
Cell Towers (Domestic)
Chemicals (Multiple Products, Domestic and International)
Clothing and Textiles (Multiple Products, Domestic and International)
Computer Software
Construction (Domestic and International)
Copyright and Trademark
Dairy Products
Deep sea Oil Platforms
Democratization Programs
Electrical Products
Embassy Construction
Engineering
Export-Import Bank Clients (Multiple Industries, International)
Food Service Contracts (Multiple Industries, Domestic and International)
Financial Institutions (Domestic and International)
Fire Protection Services
Freight Forwarding (Domestic and International)
Fuel Supply (Domestic and International)
General Construction (Multiple Industries, Domestic and International)
Government Contracts (Multiple Industries, Domestic and International)
Graphite Electrodes
Highway Construction
Hospitals
Housing Foreclosure Auctions (Domestic)
Information Technology (Multiple Industries, Domestic and International)
Industrial Gases (Domestic and Multiple Products)
LIBOR
Marine Contractors
Medical Products (Multiple Products, Domestic and International)
Metal Drums
Military Insignia (International)
Military Moving and Storage
Mining and Related Products (Multiple Industries, Domestic)
Motor Vehicles (Domestic)
Municipal Bonds (Multiple Industries, Domestic and International)
Nursing
Ocean Shipping (International)
Oilfield Supplies
Pharmaceuticals (Multiple Products, Domestic and International)
Polypropylene bags
Rock Salt
Seafood
Security Contracts
School District Contracts (Multiple Industries)
Soda Ash
Shipping (Multiple Industries, Domestic and International)
Slag Removal
Telecommunications
Tobacco
Translation Services
Trucking
US Agency for International Development Contractors and Grant Recipients
Vitamins
Warzone
Waste Hauling
Wholesale Groceries
Wireless
World Bank Contractors and Grant Recipients (International)
Vitamins

Experience by Subject Matter:

Antitrust (Civil and Criminal)
Auction Rigging
Bank Robberies (Domestic)
Bank Fraud
Bid-Rigging
Bribery
Buy American Act Violations
Capital Crimes
Cartels (Multiple Products, Domestic and International)
Cash Smuggling (International, multiple procurements by multiple governments)
Civil Merger and Non-Merger Cases (Multiple Products, Multiple Industries Domestic and International)
Civil Rights Actions
Competition Advocacy
Contempt
Contracting Fraud
Corporate Defense (Multiple Industries, Domestic and International)
Criminal Conspiracies
Defamation
Disaster Fraud
Drug Cartels and Trafficking
Embezzlement
Employment Law
False Claims
False Statements
Federal Trade Commission Matters
Firearms and Weapons Offenses (Domestic and International)
Foreign Corrupt Practices Act (FCPA) (Multiple Industries)
Forgery
Fuel Theft
Grant Fraud (Multiple Industries, Multiple Agencies, Domestic and International)
Hart-Scott-Rodino Pre-Merger Notification
Health Care Fraud (Compliance, Organizational Defense, Whistleblowers)
Kickbacks
Identity Theft
Intellectual Property
Mail Fraud
Market Allocation
Mergers and Acquisitions
Money Laundering (Multiple Industries, Domestic and International)
Monopolies (Multiple Industries, Domestic and International)
Murder for Hire
Non-governmental Organizations (International)
Obstruction of Justice
Overseas Contingency Operations
Perjury
Presidential Pardons
Price Fixing
Procurement Fraud (Multiple Industries, Domestic and International)
Professional Malpractice Defense
Public Corruption
Qui Tam Matters
Racketeering
Securities Fraud
Stark Violations
Tax Fraud (International, Domestic and State)
Territorial Allocation
Webb-Pomerene Organizations (International)
Weapons Offenses (Domestic and International)
Whistleblowers (Multiple Industries, Domestic and International)
Wire Fraud
Witness Tampering

“Upstart Start-Up” GeyerGorey LLP Opens Dallas Office

Posted on August 14, 2013 by Brad Geyer

“Rocketing from two to eleven attorneys in eight months, GeyerGorey LLP sports over 200 years of cross-disciplinary prosecutorial experience involving a host of domestic and international industries where each of its attorneys has worked on internal investigations and high stakes cases for an average of more than 20 years.”

For more, click the link below:

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Law360: GeyerGorey Opens In Dallas With Former DOJ Antitrust Ace

Posted on August 7, 2013 by Brad Geyer

Law360: GeyerGorey Opens In Dallas With Former DOJ Antitrust Ace

By Alex Lawson

Law360, New York (August 07, 2013, 3:34 PM ET) — GeyerGorey LLP established its presence in Texas with a splash this week, securing the services of a former U.S. Department of Justice antitrust prosecutor to open its Dallas office, the firm announced Tuesday.
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Marshall added that the firm has a strong Foreign Corrupt Practices Act compliance program that she hopes to be heavily involved in.

While Marshall carries experience across a wide variety of industry sectors, senior partner Hays Gorey Jr. said her work in the energy sector will be of critical importance to the firm’s Texas operations.

“We are thrilled that Joan has decided to join us,” Gorey said. “She adds deep experience with numerous enforcement agencies and complements our experience in key industries like oil and gas exploration, not to mention the fraud piece.”

At DOJ, Marshall gained notoriety for her work in the wake of Hurricane Katrina, when she led the Antitrust Division’s bribery prosecutions centering on the construction of the levees surrounding New Orleans. She also served on the agency’s Hurricane Katrina Fraud Task Force, which was eventually rolled into the broader-reaching Disaster Fraud Task Force.

Firm co-founder Brad Geyer said Marshall’s work in the disaster fraud arena would dovetail nicely with the firm’s existing portfolio.

“We are very involved in servicing the government contractor and the nonprofit and nongovernmental organization community and we are excited to roll in Joan’s disaster fraud experience into our overall product offerings,” Geyer said. “It is also unusual to have career prosecutors in one firm that worked on the highest profile matters on both the criminal and civil worlds.”

Marshall received her law degree from Southern Methodist University and a Bachelor of Business Administration from the University of North Texas.

–Editing by Katherine Rautenberg.

MainJustice.Com “Former Prosecutor from Shuttered Antitrust Division Office Joins White Collar Firm”

Posted on August 6, 2013 by Brad Geyer

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Former Prosecutor from Shuttered Antitrust Division Office Joins White Collar Firm

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