Bradley’s Government Enforcement and Investigations Practice Group represents companies and individuals in a range of government and internal investigations, regulatory inquiries, white-collar criminal defense matters, compliance issues, civil litigation, and enforcement actions.

Today’s business environment is marked by the close coordination between government authorities and regulators, which has, in turn, blurred the lines between regulatory, civil, and criminal penalties. Businesses face a challenging enforcement environment, particularly in highly regulated industries. We use our deep government and industry knowledge and hard-won experience in the courtroom and boardroom to help clients navigate these challenges, including proactive compliance planning.

Our group comprises seasoned defense attorneys with decades of government and industry experience, as well as former federal prosecutors and accomplished civil litigators, who are leaders in their fields. With a broad base from offices in Washington, D.C., and across the southeast, we have handled investigations, trials, and enforcement matters throughout the United States and internationally.

We are equipped to handle a full range of legal matters, from high-stakes regulatory and civil enforcement to white-collar and criminal enforcement. We tailor our legal services to clients in a vast array of industries, with particular experience in the healthcare and financial services sectors.

We have significant experience in matters involving:

  • False Claims Act (FCA) and qui tam (whistleblowers)
  • Foreign Corrupt Practices Act (FCPA)
  • Securities and Exchange Commission (SEC) investigations
  • Financial Services and Consumer Financial Protection Bureau (CFPB) rules
  • White-collar and criminal defense
  • Healthcare industry legal issues
  • Export controls and transactions in sanctioned countries

We also handle legal matters related to antitrust and competition, trade secrets, environmental regulations, campaign finance, public corruption, national security and government contracts, and procurement.

In addition to defense at trial, our lawyers successfully:

  • Represent clients in compliance and enforcement matters, including composing effective compliance programs and advising on regulatory compliance
  • Conduct sensitive and confidential internal investigations
  • Provide counsel in connection with testimony before grand juries, congressional committees, and federal agencies

Our team partners with the experienced attorneys in Bradley’s Litigation Practice Group and other attorneys from across the firm to provide first-rate, comprehensive service to clients in healthcare, government contracts, labor and employment, and financial services.

As one of the main weapons of the U.S. Department of Justice and whistleblower plaintiffs’ attorneys, the False Claims Act (FCA) has resulted in ever-growing judgments and settlements in recent years. Businesses across industries – healthcare, finance, government contracting, and many others – face increased challenges. Bradley’s government enforcement lawyers have the significant criminal and civil law experience, both in and outside of the government, needed to help clients navigate this environment.

We work with clients at all stages of FCA enforcement. We conduct proactive risk assessments and create compliance programs designed to mitigate those risks. When potential issues do arise, our lawyers handle sensitive internal investigations and respond to government subpoenas or other inquiries. When government action cannot be avoided, our team of experienced trial attorneys knows when to negotiate and when to fight – up to and including going to trial.

Bradley lawyers handle FCA cases across the country, many of national significance. When not in the courtroom, they also are regular speakers, authors, and thought leaders on emerging FCA issues. Our team also publishes Bradley’s FCA Year in Review, one of the leading industry publications in analyzing and reviewing key FCA cases and trends of the past year.

Bradley’s team of former prosecutors, regulatory lawyers, and healthcare industry professionals helps healthcare clients when they face compliance issues, subpoenas and other government inquiries, audits, and False Claims Act (FCA), whistleblower, or criminal litigation. We work with clients across the industry, including hospital systems, surgery centers, home-health providers, hospice agencies, skilled-nursing facilities, pharmacies, physician practices, and pharmaceutical and device manufacturers, to navigate enforcement issues without disrupting normal business operations.

Potential issues can arise in many ways: lawsuits; internal compliance complaints; state or federal subpoenas; audits by a Medicare Administrative Contractor, Zone Program Integrity Contractor, or other government-contracted auditor; or contact with a law-enforcement agency. Regardless of how such issues begin, we work with our clients to identify potential liability and respond quickly. Where potential liability exists, we help clients promptly determine whether self-disclosure or re-payment is required and design remedial compliance measures to mitigate future risk.

Our lawyers routinely handle matters involving:

FCA

Anti-Kickback Statute

Stark Law

State Medicaid and other healthcare laws

Food Drug and Cosmetic Act

Billing and reimbursement matters

Federal healthcare fraud

Bradley represents financial institutions in federal and state investigations, whistleblower actions under the False Claims Act (FCA) or Dodd-Frank, banking and regulatory examinations, CFPB investigations, and other enforcement actions or related litigation. Our team helps clients respond to informal and formal inquiries by state attorneys general (whether state subpoenas or multistate CIDs), the U.S. Department of Justice, HUD OIG, and U.S. Attorneys’ Offices. With a multidisciplinary group of white-collar, regulatory, and banking lawyers, we tailor our approach to meet each client’s specific needs, whether involving a compliance issue, an internal investigation, negotiation with regulators or prosecutors, or readying for trial.

No client expects to be the target of a criminal investigation, but with lines between regulatory, civil, and criminal enforcement increasingly blurred, businesses and executives can find themselves faced with grand-jury subpoenas, law enforcement interviews, search warrants, and even criminal charges. When they do, clients rely on the battle-tested white-collar defense lawyers at Bradley.

We are uniquely qualified to defend federal and state criminal charges. Our legal team includes former assistant U.S. attorneys, supervisors and section leaders in the U.S. Department of Justice, state trial and appellate prosecutors, and a presidentially appointed United States attorney. We also boast decades of courtroom experience in trying complex criminal cases. We represent clients facing all types of criminal investigations and charges, including:

Mail and wire fraud

Healthcare fraud and Anti-Kickback Statute violations

Securities fraud

Financial and bank fraud

Federal and state tax crimes

Foreign Corrupt Practices Act charges

Food, Drug, and Cosmetic Act violations

Procurement fraud

Environmental crimes

Conspiracy and RICO charges

Theft and embezzlement

With the growth of the global economy, companies large and small increasingly do business abroad. Our lawyers help clients ensure they are compliant with the FCPA, the UK Bribery Act, and other countries’ anti-corruption laws.

In recent years, the Department of Justice (DOJ) and related government authorities have increased their focus on FCPA compliance and enforcement. FCPA investigations present unique challenges because of their international scope and the rigorous expectations of prosecuting agencies. Bradley’s team of former federal prosecutors and anti-corruption lawyers has long handled anti-corruption compliance, investigations, and litigation. That experience allows us to guide clients in all aspects of FCPA enforcement – whether developing sound compliance policies, investigating a suspected violation, navigating self-disclosures, or defending government charges.

Using a cross-disciplinary team of lawyers, we work closely with company management to ensure their FCPA policies match their risk exposure and that potential FCPA issues are handled quickly and effectively.

Bradley lawyers:
Prepare best-in-class FCPA compliance programs
Conduct risk assessments for companies’ new foreign ventures or operations
Conduct internal anti-corruption investigations for companies of all sizes
Defend clients facing DOJ or SEC FCPA investigations
Perform FCPA due diligence for mergers, acquisitions, and proposed joint ventures
Develop FCPA training programs for company employees
Advise clients on remedial actions and the self-disclosure process

Companies and individuals doing business abroad face a web of export-control laws and regulations, including Export Administration Regulations (EAR), restricted destinations, Entity List organizations, sanctions regulations, anti-boycotting laws, and the Arms Export Control Act (AECA), International Emergency Economic Powers Act (IEEPA), and International Traffic in Arms Regulations (ITAR).

Bradley lawyers assist public and private companies, private equity and hedge funds, financial institutions, insurers, and others navigate this complex enforcement landscape. With broad experience in working with the U.S. Department of Justice and U.S. attorneys’ offices, as well as with agents, investigators, and officials from the U.S. Departments of State, Treasury, Defense, Commerce and Homeland Security, our lawyers help clients meet regulatory and licensing requirements, steer clear of prohibited activity, and mount an effective defense against any claims of misconduct.

Bradley represents clients subject to state and federal securities law, including large public companies, brokerage firms, investment advisors and investment advisor representatives, senior executives, and boards of directors. We have handled matters before an array of regulators and government authorities, including the SEC, U.S. Department of Justice, individual U.S. attorney’s offices, Financial Industry Regulatory Authority and other self-regulatory organizations, and state securities regulators across the nation.

We work closely with clients at all stages of securities enforcement and tailor our approach to meet the individual client’s needs. We conduct proactive risk assessments and counsel clients on strategies to avoid or mitigate their securities-enforcement risks. When such risks cannot be avoided, our lawyers have the government and trial experience to ensure clients have the best defense possible. We have handled cases involving securities fraud, insider trading, accounting fraud, mortgage-origination fraud, Ponzi schemes, embezzlement, and misappropriation of investor funds, and many others.

Federal and state authorities are aggressively investigating financial institutions and companies for anti-money laundering (AML) program failures that heighten the risk of money laundering. This effort has begun an unprecedented crackdown on money laundering and weak compliance in AML programs, resulting in significant fines, penalties, and forfeitures. With criminal and regulatory experience both in and outside of the government, our lawyers help clients create best-in-class compliance programs, respond to government AML investigations, and defend against enforcement actions of all types.

Bradley routinely helps government contractors navigate the unique issues that can arise when doing business with the government, and our team of lawyers has decades of experience in representing companies in the public procurement arena.

Our government enforcement lawyers help contractors with:

  • Federal Acquisition Regulation (FAR) issues
  • Anti-Kickback Act violations
  • Truth in Negotiations Act violations
  • Cost and pricing fraud allegations
  • Procurement Integrity Act violations
  • Domestic and foreign bribery matters
  • Small business program improprieties and fraud
  • Export control and sanctions violations
  • Cost mischarging and billing fraud
  • False statements or false certifications
  • Bid rigging
  • Counterfeit and defective parts and product substitutions

Bradley By The Numbers

Government Enforcement By The Numbers