Internal Investigations and Compliance Programs
When a company learns of potential improprieties that could create civil or criminal liability, it faces crucial questions about how to best understand and mitigate its risk. How broad an investigation is warranted? Should it involve data collection or witness interviews? Are the company’s training and compliance programs sufficient to address the problems or should they be strengthened? Are the issues systemic or limited to individuals? Should the company disclose the matter to the government? How the company answers these questions can determine whether and to what extent it is subject to a government investigation, enforcement action or lawsuit, and whether any improprieties are corrected or might recur.
Our White Collar Defense and Government Investigations Practice has extensive experience helping companies navigate these issues to understand and minimize potential liability. Our lawyers routinely conduct internal investigations for a wide range of companies—from small businesses to Fortune 500 companies, and for companies in a variety of industries, including government contracts, food and drug, telecommunications, and many others. We have expertise advising on potential liability under an array of regulatory, civil, and criminal regimes, including the False Claims Act, the Foreign Corrupt Practices Act (FCPA), the Anti-Kickback Act, antitrust laws, procurement integrity laws, export control laws, and drug pricing regulations. We excel at conducting investigations that are deep and wide-ranging, but also properly tailored and cost-efficient. We regularly assist companies in crafting appropriate responses to improprieties unearthed in internal investigations, including reporting to corporate leadership or audit committees, disclosing to the government, and enhancing employee training and compliance policies.
Our long track-record of performing effective internal investigations, and developing compliance programs and improvements, includes:
- Conducting an internal investigation for a Fortune 500 company on behalf of the audit committee of the board of directors in response to shareholder allegations of accounting and other irregularities. Following the investigation, we presented findings to the audit committee and made recommendations regarding internal controls and external disclosures.
- Conducting world-wide internal investigations related to FCPA issues for a global client, conducting due diligence on international agents, joint venture partners, and other third parties, and designing corporate anti-corruption compliance and training programs.
- Conducting a series of internal investigations for a major government contractor related to an array of procurement integrity and other concerns, and developing appropriate compliance programs, training, and other enhancements.
- Conducting an internal investigation for a major generic pharmaceuticals company related to a range of government pricing issues.
- Conducting an internal investigation for an industry-leading satellite company into alleged violations of federal communications regulations.
- Conducting an internal investigation for a Fortune 500 professional services company related to potential gratuities to a program manager in connection with the award and performance of a contract for the U.S. military.
- Conducting an internal investigation for a major healthcare services company relating to representations made in procuring a contract to build a state healthcare exchange.
- Conducting an internal investigation for a company that supplies high-tech parts to the U.S. military concerning whether it had manipulated quality assurance test results and submitted inaccurate certifications to government inspectors.
- Counseling a Fortune 500 hotel company on potential liability under a state’s government ethics, gift, and lobbying laws and regulations, including a range of possible enforcement and disclosure consequences.
- Conducting an internal investigation for a major government contractor relating to allegations of government contract performance issues.
- Conducting an internal investigation for a software engineering and analytic services provider in response to media reports of intelligence operations used against political activists.
- Conducting an internal investigation into a whistleblower’s claims of mischarging and retaliation by a company that provides storage and logistics to the military.
- Conducting multiple internal investigations for an intelligence community contractor regarding concerns about procurement integrity and mischarging on government contracts.
News & Insights
News & Insights
- February 12, 2018 | Scottsdale, AZ | EventApplying New Department of Justice Compliance Standards to the Managed Care Context2018 Managed Care Compliance Conference
- June 9, 2016 | Online Webinar | EventThe Foreign Corrupt Practices Act: 2016 Enforcement and Compliance PrioritiesWiley Rein
- April 28, 2016 | Washington, DC | EventABA's Seventh National Institute on Internal Corporate Investigations and Forum for In-House Counsel
- April 19, 2016 | Alert
- March 2016 | Newsletter
- February 29, 2016 | Article
- August 18, 2015 | Media MentionBloomberg BNA’s Federal Contracts Report
- April 2, 2015 | Washington, DC | Event114th Congress Oversight and Investigations: Priorities and OpportunitiesWiley Rein Panel Discussion
- March 3, 2015 | ArticleBloomberg BNA's Federal Contracts Report
- February 24, 2015 | Alert
- January 27, 2015 | ArticleBloomberg BNA’s Federal Contracts Report
- November 25, 2014 | ArticleBloomberg BNA’s Federal Contracts Report
- May 2014 | ArticleFinancial Fraud Law Report
- May 2014 | ArticleThe Metropolitan Corporate Counsel Vol. 22, No. 5
- April 10, 2014 | Los Angeles, CA | EventThe Ethics of Anti-Corruption Internal Investigations for Corporate CounselABA Business Law Section 2014 Spring Meeting
- March 12, 2014 | Media MentionLaw360
- February 2013 | AlertGoing it Alone: Recent Federal Court Decision Demonstrates Risks of Losing Privilege When Conducting Internal Investigations Without CounselFinancial Fraud Law Report
- August 27, 2012 | Media MentionModernHealthcare.com
- August 13, 2012 | Media MentionBloomberg BNA's Federal Contracts Report
- June 27, 2012 | Press Release
- December 28, 2011 | Press Release
- November 10, 2011 | Media MentionBNA's Federal Contracts Report
- September 14, 2009 | Press Release
- December 31, 2008 | Press Release
- June 5, 2008 | Press Release
- December 31, 2007 | Press Release
- April 9, 2007 | Press Release
- January 9, 2007 | Press Release
- January 10, 2006 | Press Release
- June 21, 2005 | Press ReleaseWiley Rein & Fielding Congratulates Thomas Griffith on His Confirmation to the U.S. Court of Appeals
- December 6, 2004 | Press Release
- October 9, 2003 | Press Release
- August 29, 2003 | Press Release
- July 22, 2003 | Article
- March 20, 2003 | Press Release