Thompson & Knight attorneys have been involved in a significant number of internal investigations, including investigations of bribery and corruption, Foreign Corrupt Practices Act (FCPA) issues, securities fraud, tax fraud, and management self-dealing. We also represent management regarding a wide variety of corporate malfeasance allegations through assistance with internal investigations, disclosure to government agencies, and implementation of remedial measures, including designing and implementing effective internal compliance programs.
Our attorneys regularly defend companies, officers, and directors in formal and informal civil and criminal proceedings before the Securities and Exchange Commission (SEC), other federal and state regulatory agencies, and industry self-regulatory groups such as the NYSE and NASD.
FCPA Investigations. In recent years, the SEC and Department of Justice (DOJ) have increased their aggressiveness in FCPA enforcement, including increasing the number of new prosecutions against companies and individuals; imposing larger penalties; forcing companies to disgorge any profits obtained through an FCPA violation; and, as part of any settlement agreement, appointing third-party compliance monitors to ensure the transgressor's FCPA compliance and reporting to the SEC and DOJ.
Thompson & Knight attorneys are well-qualified to help clients address the challenges of this environment of enhanced examination and regulation. We draw on the expertise of corporate and business litigation lawyers with years of experience representing public reporting companies, nonprofit organizations, directors, and officers in a wide variety of investigations involving civil and criminal regulators at both the state and national levels.
We understand that internal investigations can, and often do, create tension between board members, management, audit firms, and government regulators. Because of our broad-based experience with each of these interest groups and providing best and worst practices in conducting and managing internal investigations, our attorneys regularly help clients address and solve some of the most difficult issues that companies experience.