Corbin, Fitzgerald & Athey LLP is a premier boutique firm representing corporations and individuals in all phases of criminal investigations and prosecutions. We represent clients in federal and state courts, as well as before administrative agencies in parallel proceedings. Our goal is to resolve criminal matters before charges are filed. We also have extensive experience representing clients post-indictment, at trial, and on appeal.
ANTITRUST
We have experience with international and domestic anti-trust related investigations and trials. Representative clients in this field include:
A corporation indicted for price fixing and market allocation in the defense contracting industry. The matter went to trial and was successfully resolved after a hung jury.
A corporation and its owners who were the subjects of two, separate, federal grand jury investigations in the defense contracting industry. No indictments were returned against any of the firm's clients.
A sales executive in a federal antitrust grand jury investigation accused of participating in a nation-wide bid-rigging conspiracy regarding sales of computer equipment to school districts.
Several sales and marketing executives who were employed by a multi-national corporation which allegedly was the hub of an international price fixing conspiracy in the carbon fiber industry. The firm was successful in persuading senior division attorneys to overrule a staff recommendation that perjury charges be filed against one of the firm's clients.
DEFENSE CONTRACTOR INVESTIGATIONS
We have been involved in many significant investigations involving the defense industry. Representative clients in this field include:
The most senior company employee of an international defense contractor who was alleged to have participated in the theft and use of a competitor's trade secrets. Despite the indictment of alleged co-conspirators, the United States Attorney's Office declined to pursue a criminal case against the firm's client. In a companion civil case, the firm's client was dismissed as part of an overall settlement.
A corporation and its owners in an investigation by the Defense Logistics Agency and the Department of the Air Force alleging falsified test results under military procurement contracts. All clients avoided debarment.
A corporate client in debarment proceedings brought by the Defense Logistics Agency involving allegations of false testing. The client corporation and its shareholders avoided debarment.
Numerous senior executives of international defense contractors under investigation for alleged false billing, false testing, violations of the Truth In Negotiations Act ("TINA"), tax fraud, and procurement of export licenses.
Senior executives in a variety of investigations involving allegations of bribery and kickbacks.
A Program Manager and VP-Manufacturing who was investigated by the United States Attorney's Office into allegations of false billing and false testing; the investigation ended without charges being filed.
A senior testing manager in a case involving allegations of forged testing documents. The firm successfully moved to dismiss the indictment on the basis of government misconduct.
ELECTION FRAUD & POLITICAL CORRUPTION
The firm has participated in virtually every important federal or state election-fraud investigation in the Los Angeles area in the last 10 years. We have also represented clients in the Arkansas Whitewater grand jury investigation and in campaign financing grand jury investigations. Representative clients in this field include:
A prominent Attorney, who was a former U.S. government official, in connection with the Whitewater investigation. No charges were filed against the client.
An official of a Native American tribe indicted in federal court for campaign money laundering in connection with a Presidential campaign. Felony charges against the client were dismissed by the United States District Court and the remaining charges were ultimately resolved as a "no-jail-time" misdemeanor.
The wife of a United States Congressman, both of whom were to be indicted on felony charges of campaign money laundering. After presentations at the United States Department of Justice in Washington, D.C., the United States Attorney's Office was directed to resolve the case as a misdemeanor.
The vice-chairman of a multi-national corporation in an investigation by the Los Angeles District Attorney's Office for campaign money laundering. The firm successfully moved to dismiss an indictment brought by the District Attorney's Office.
A prominent businessman who was charged together with 13 co-defendants with felonies by the Los Angeles District Attorney's Office. The case was resolved as a "no-jail-time" misdemeanor.
A client accused of bribing a city councilman. The firm negotiated a plea and the client received a substantial downward departure on his sentence, which included house arrest instead of a prison sentence.
The grand jury witnesses in a high-profile case involving alleged illegal fundraising in a Presidential campaign.
The owner of a U.S. company that laundered foreign funds to a national political committee for use in a Presidential campaign. The case was resolved as "no-jail-time" misdemeanor.
A national company under investigation by a joint task force of state and federal prosecutors in connection with "pay to play" allegations in Los Angeles. No charges were filed.
ENVIRONMENTAL
In recent years, the government has increased its scrutiny of corporate compliance with environmental regulations, resulting in more frequent environmental investigations and prosecutions. The firm has represented many corporations and individuals in extremely significant environmental investigations. Our results include persuading government attorneys not to pursue charges or drop existing charges. Representative clients in this field include:
More than 75 employees of a Fortune-50 corporation in connection with a multi-district federal grand jury investigation probing possible RCRA and Clean Water Act violations.
The deck and engine room officers in multiple grand jury investigations involving allegations of oil dumping and disposal practices by maritime vessels in U.S. and international waters in violation of the MARPOL treaty.
The target in a criminal investigation by a Northern California District Attorney's Office and Cal-OSHA regarding a workplace-related death. No charges were filed.
The manager of food-processing company targeted for prosecution for violating local and federal Clean Water Act statutes. No charges were filed.
An oil company being investigated by the Los Angeles District Attorney's Office related to an oil spill in California waters. The firm negotiated a favorable resolution for the client.
Grand jury witnesses in an investigation by the Los Angeles County District Attorney's Office and Cal-OSHA in connection with a workplace-related death.
A well-known retailer in a prosecution by the Los Angeles City Attorney's Office. The firm negotiated for all misdemeanor, environmental charges to be dismissed and assisted the company in developing a compliance and monitoring program.
An aeronautics company in a prosecution by the Los Angeles City Attorney's Office. The firm obtained dismissal of all state environmental charges.
HEALTH CARE
In this complex field, we have successfully represented individuals caught up in governmental investigations of alleged kickbacks or Medicare fraud. Our results include persuading the authorities that no charges should be filed. Representative clients in this field include:
The former COO of one of the nation's largest health care companies who was the subject of investigations in multiple jurisdictions after his company pleaded guilty to kickback-related and extended stay activities. No charges were filed against the firm's client.
The controller of a large, regional hospital under investigation for Medicare billing and accounting fraud by United States Attorney's Office. No charges were filed.
The hospital administrator of a national health-care chain accused of conspiring to engage in kickback activities by the Los Angeles District Attorney's Office. No charges were filed.
Corporate employees who testified before the federal grand jury and at the trial of their employer, in one of the largest health-care prosecutions to go to trial in the United States.
INTERNAL INVESTIGATIONS
The firm's attorneys are experienced in conducting internal investigations for companies that are under investigation but not yet charged with criminal conduct. The goal of internal investigations is to learn more about the conduct of the company and its employees. In many cases, a thorough internal investigation will convince the government not to bring charges against the company or its employees, or will help the company avoid being charged for the acts of a rogue employee. Representative clients in this field include:
Several defense contractors accused of testing irregularities in military contracts. The firm not only conducted internal investigations but also designed and implemented administrative agreements with government authorities without the companies being suspended or debarred.
The management of a real estate development firm in its internal investigation of the actions taken by its former President. The investigation resulted in a civil RICO case being filed against that individual in United States District Court.
The special litigation committee of the board of directors of a bank holding company in its investigation into allegations that the company's management misused corporate funds.
The employees/witnesses of large insurance company in connection with an internal investigation into misconduct at a branch office.
A large regional grocer in connection with a federal grand jury investigation into misconduct during a labor dispute. After the firm conducted an internal investigation, the grocer was not charged with any crimes while an indictment was returned against one of its competitors.
A large medical pratice accused of engaging in kickback activities with a national, charitable hospital organization. No indictments were returned and the clients were not excluded from the Medicare program.
SECURITIES & INVESTMENT FRAUD
The firm has achieved impressive results in all types of securities cases, both administrative investigations by the Securities and Exchange Commission (SEC) and criminal actions pursued by federal prosecutors. We frequently persuade the SEC and United States Attorney's Offices not to file charges. When cases do go forward, we have achieved excellent results. Representative clients in this field include:
The President of the North American division of a Fortune-100 distributor of high-technology products in both a criminal investigation brought by the United States Attorney's Office and an SEC enforcement investigation, regarding alleged accounting irregularities. After more than two years of investigation and multiple presentations to government prosecutors and regulators, the firm convinced the Department of Justice not to file criminal charges against the client and the SEC did not institute an enforcement action.
The former CEO of a manufacturing company who was indicted for misstating revenue. The firm obtained from the United States District Court a significant downward departure resulting in community confinement rather than a prison sentence.
The relatives of a prominent CEO accused of insider trading, who were also under SEC investigation. The firm made a Wells submission on behalf of the family members and persuaded the SEC not to pursue an enforcement action against them.
A partner in a national law firm who was investigated by the SEC for failing to prevent his/her corporate client from filing a 10K which contained false statements. The SEC was persuaded not to pursue an enforcement action against the attorney.
An attorney who was being investigated by the SEC for allegedly-improper financial transactions involving pension funds. Following a Wells submission, the firm persuaded the SEC not to pursue an enforcement action.
A partner of a private equity firm being investigated for insider trading. The firm persuaded the SEC not to persue an enforcement action.
The assistant controller of a large corporation that engaged in a massive fraud to inflate revenues. The firm persuaded the United States Attorney's Office not to pursue criminal charges and the SEC not to pursue a monetary fine against the firm's client.
The controller of a private equity company who engaged in insider trading. The firm negotiated a sentence of house arrest with the United States Attorney's Office and persuaded the SEC to seek no further penalties.
Numerous witnesses in an SEC investigation of revenue-swapping by Internet companies.
The Divisional CFO of a national health-care company being investigated for accounting fraud before the SEC. The SEC did not pursue an enforcement action.
OTHER CASES
In addition to cases in the fields listed above, we have represented clients in many types of cases:
An Internet web site operator who was investigated as part of an Internet piracy conspiracy involving a Fortune 100 company to violate the Digital Millennium Copyright Act. No charges were brought against the firm's client.
A businessman who was investigated for criminal tax violations as part of an espionage case. No charges were brought against the firm's client.
A businesswoman indicted as part of an extortion conspiracy under the Hobbs Act. The client was acquitted at trial.
A defendant accused of armed robbery of a business. The client was acquitted at trial.
A senior executive accused of accepting kickbacks and related tax violations. The firm negotiated a sentence with the District Attorney's Office that involved incarceration on week-ends in a jail of his choice, in lieu of a sentence to state prison.
A defendant in an alleged real estate fraud. The firm obtained a reversal of his conviction on appeal.