White Collar Defense & Investigations

Coblentz’s Chambers-ranked White Collar Defense and Investigations group has decades of experience in criminal and regulatory investigations and prosecutions in matters across the country. The group also has extensive experience conducting internal investigations for U.S. and foreign businesses and acting as monitors in sensitive, high-profile matters.

The group is led by three former federal prosecutors, one a past Chief of the Securities Fraud Section at the U.S. Attorney’s Office for the Northern District of California, and two Assistant United States Attorneys for the Southern District of California. The team also includes a former Trial Attorney in the Tax Division of the U.S. Department of Justice and a former San Francisco public defender.

As Chambers notes, “The team at Coblentz Patch Duffy & Bass is highly knowledgeable. They are expert negotiators, have excellent contacts and provide empathetic counsel.”

Our team has represented both companies and individuals in all types of complex cases, including securities, healthcare, financial, tax, and accounting/audit fraud; bribery and corruption; insider trading; antitrust violations, and other areas that often involve multiple jurisdictions and parallel civil, regulatory, and criminal proceedings. We regularly deal with federal and state regulators from agencies across the United States, including U.S. Attorneys’ Offices across the country and various California district attorneys offices as well as the SEC, IRS, OCC, Federal Reserve, and numerous state attorneys general. Our reputation for integrity and trustworthiness, as well as our toughness and smarts, allow us to advocate effectively for our clients.

Convincing the government not to pursue a matter in the first place is the ideal result. Because we’ve been on both sides of the table, we know how to develop a pre-charge strategy with the aim of avoiding charges altogether. When charges can’t be avoided, we have the experience and judgment to guide clients to the best result that considers all of their short- and long-term personal and professional concerns. But the best outcome is possible only when you have lawyers who know how to go to trial and are ready to do so. Our lawyers like to try cases, and we have the experience, judgment, and skill that comes by trying scores of criminal and civil matters, including complex, high-profile matters. As one client remarked to Chambers, “The team is made up of outstanding civil and criminal trial lawyers. They are a really business-savvy firm, who consistently deliver results.”

Our representation of companies has included:

Financial advisory firm in an SEC investigation involving municipal securities.
Silicon Valley technology company and its board and senior officers in a civil securities fraud class action arising from the company’s initial public offering.
Big Four accounting firm in a criminal investigation arising from the failure of one of the largest banks in the country.
Publicly traded REIT in various federal and state criminal, regulatory, and civil investigations and litigation in connection with residential mortgage-backed securities and collateralized debt obligations.
Solar energy company and its executives in an SEC investigation, U.S. and Canadian class action lawsuits, and a “whistleblowing” vendor lawsuit arising out of allegations of falsely reported financial statements.
Global financial services company in connection with a criminal mortgage fraud investigation.
International financial services firm in an investigation by the California Attorney General into alleged foreign exchange practices.
Venture capital firm in securities fraud action against former portfolio company.
Fortune 200 company in regulatory and criminal investigations alleging improper contacts with the company’s regulators.
Fortune 100 software company and several of its officers and directors in a multi-billion dollar securities fraud class action, resulting in a complete summary judgment victory.
Public utility in major rate cases before the California Public Utilities Commission.
NFL franchise in one of the largest possessory interest tax controversies ever before a California Board of Assessment Appeals, which resulted in a half-billion-dollar reduction in the assessed value of property interest.

Our representation of individuals has included:

Senior audit executive in multiple federal and state civil and criminal investigations, including trial in a regulatory enforcement action brought by the Office of the Comptroller of the Currency, in one of the largest U.S. bank regulatory enforcement actions in history.
Controller of a public technology company in an SEC investigation stemming from a restatement arising out of various accounting issues.
Foreign businessman indicted for fraud and money laundering in connection with an alleged international kick-back scheme.
Bank President and Chairman in criminal, SEC, FDIC, and class and derivative investigations and litigation arising from a TARP-funded bank failure.
Former compliance employee of a medical device company in a DOJ/FDA investigation into the regulatory approval of one of the company’s products.
Senior executive at a publicly traded energy company in state and federal criminal investigations into alleged public corruption.
Venture capitalist in a criminal prosecution charging Investment Advisors Act and tax violations.
President of the U.S.-based affiliate of a Chinese company indicted on charges of importing and trafficking counterfeit electronics products.
High-profile small cap investor in SEC and DOJ securities fraud prosecutions.
Medical professional in DOJ healthcare fraud investigation into alleged off-label marketing and billing fraud.
Former CEO of a global private security firm in a state public corruption prosecution.
Executives in numerous SEC and DOJ insider trading investigations.
Former CFO of an international technology company in SEC and DOJ cryptocurrency investigations.
Former Lab Director of a health technology company in connection with investigations by the U.S. Attorney’s Office and SEC.
Several elected officials and political campaigns in matters involving campaign finance issues.
Financial services executive in an SEC investigation and corresponding civil litigation.
Former CFO of publicly-traded company in connection with stock option backdating allegations.
CFO of a publicly-traded media company in Securities and Exchange Commission enforcement action, resulting in a favorable settlement.
Numerous individuals as witnesses and targets before federal and state criminal and regulatory investigative agencies.
Claimant to a $1 billion+ Bitcoin seizure, the largest seizure of cryptocurrency to date.

Our clients are sometimes confronted with significant internal issues that require independent counseling, investigation, and even monitoring. These issues can involve sensitive allegations about key personnel or partners and can implicate a web of corporate governance, public relations, employment, civil liability, and criminal and regulatory issues. We often are engaged by companies and boards to conduct internal investigations and advise the decision-makers about the facts and how to respond to them. When circumstances warrant, our White Collar Defense and Investigations attorneys partner with members of our Employment group, which includes a former Assistant Secretary of Labor and Commissioner of the U.S. Equal Employment Opportunity Commission, to provide a multi-disciplinary perspective.

Our internal investigations work has included:

Outside directors of a foreign technology company in a pre-IPO cross-border internal investigation relating to various accounting and governance issues.
Special Investigation Committee of a technology company in a derivative action alleging various misconduct, including improper stock trading by the company’s CEO.
Board Committee of an optical network company in an investigation of its CEO and founder.
Energy company relating to possible FCPA violations arising out of its operations in China.
Audit Committee of a major U.S. automobile company in a product liability matter.
Fortune 50 technology company regarding the largest embezzlement in the company’s history.
Public utility in connection with federal and state investigations concerning interactions with its regulators.

We are regularly selected by governmental and private parties to complex or class action employment cases – typically national in scope – to serve as Monitors of Consent Decrees that resolve those cases, or as Special Masters to resolve disputes arising under those Decrees. These cases involve wide-ranging injunctive, remedial, and corrective relief that seeks to re-engineer the employment or compliance systems that are alleged to have led to the underlying issues. We have handled multiple cases brought by the Equal Employment Opportunity Commission, other law enforcement agencies, or by private class action plaintiffs’ firms against national companies. These assignments require active involvement with both parties to ensure the agreed-upon transformational efforts are working and the Decree is being honored in the execution of those commitments. These assignments can also involve providing consulting services on how to design effective Human Resources and other compliance functions, such as investigations, data analysis, complaint assessment, and training methodologies.

Our monitorship and related roles have included:

Federal monitor of the Utah Transit Authority in connection with its non-prosecution agreement with the U.S. Attorney’s Office for the District of Utah.
Independent monitor to the California Governor’s Office of Emergency Services (CalOES) to conduct a review and audit of two “fusion centers” intended to facilitate information-sharing between states.
Monitor in two separate consent decrees calling for national restaurant chains to devise systems and processes to promote more age diversity.
Special master in a consent decree governing the compensation and promotion practices of a national retailer.
Independent consultant in a conciliation agreement calling for a national technology company to devise and operate an internal harassment complaint process.
Independent consultant in a consent decree calling for a national insurance company to devise new promotion, compensation and retention systems.
Monitor of a consent decree calling for a national apparel retailer to devise new systems and process to diversify its retail sales force.
Monitor of a consent decree calling for a national financial services company to devise new recruiting, hiring, compensation, and promotion systems.
Independent consultant in a consent decree calling for a national pharmaceutical retailer to devise and operate an internal discrimination complaint process.