Government and Internal Investigations

HSE’s Government and Internal Investigations team draws on the experience of our Manhattan peers but offers clients the attention and prioritization you expect from a smaller firm. 

We are trial and appellate lawyers, but we also have deep, hands-on knowledge about how various types of government investigations are conducted, managed, and resolved.  Our advice starts from the first moment a client learns of a problem—whether that’s the FBI showing up at their door, a subpoena landing in the mail, or an employee noticing something amiss in the workplace.  We give immediate, highly strategic advice to assess risks, mitigate them, and put our clients on the path to the best outcomes possible, consistent with their values.

Our team is led by a former Assistant U.S. Attorney from the Manhattan U.S. Attorney’s Office in the Southern District of New York.  The team includes a deep bench of highly qualified lawyers, many of whom previously practiced at AmLaw 100 firms, gained insights from judicial clerkship, or served elsewhere in the Justice Department or in the U.S. Army JAG Corps.

We serve our clients often in their darkest hours to guide them through not only legal problems, but oftentimes financial, reputational, and ethical quandaries as well.  Our team believes our job is to provide the best advice consistent with our clients’ values, and we do not see legal advice as a one-size-fits-all proposition.  We know that successfully mitigating a government investigation involves not simply responding to government demands but matching a client’s objectives with the strategies that will serve them best.

We have particular strength advising on:

  • Internal investigations, for organizations and in defense of individuals
  • Health care investigation, for organizations and professionals
  • False Claims Act and related qui tam or whistleblower actions
  • Securities violations, including accounting and disclosure fraud
  • Grant violations, including by nonprofits, colleges, and universities
  • Procurement fraud, including disadvantaged business enterprise fraud
  • Program fraud involving federal and state programs
  • Education sector investigations, both federal and state
  • Embezzlement and other wrongdoing by officers or employees
  • Bank fraud and fraud involving financial institutions
  • Criminal tax matters

We have advised clients in investigations brought by local, state, and federal agencies including:

  • U.S. Department of Justice (DOJ), including each of the U.S. Attorney’s Office in New York
  • U.S. Securities and Exchange Commission (SEC)
  • Federal Trade Commission (FTC)
  • Federal law enforcement agencies, including the Federal Bureau of Investigation (FBI), U.S. Postal Inspection Service (USPIS), U.S. Secret Service (USSS), Drug Enforcement Administration (DEA), U.S. Department of Homeland Security, including Homeland Security Investigations (HIS), and Internal Revenue Service, Criminal Investigation (IRS-CI)
  • Office of the New York Attorney General (NYAG), including the Medicaid Fraud Control Unit (MFCU), the Antitrust Bureau, the Charities Bureau, the Bureau of Consumer Frauds & Protection, the Civil Rights Bureau, the Criminal Enforcement and Financial Crimes Bureau, the Health Care Bureau, the Investor Protection Bureau, the Public Integrity Bureau, and the Taxpayer Protection Bureau
  • Inspectors General, including the Office of the Inspector General for the U.S. Department of Health and Human Services (HHS-OIG), the New York State Office of the Medicaid Inspector General (OMIG), the Office of the Inspector General for the U.S. Department of Housing and Urban Development (HUD-OIG), the Office of the Inspector General for the U.S. Department of Education (ED-OIG), and the U.S. Department of Defense Inspector General (DOD-OIG)
  • U.S. Department of Health and Human Services (HHS), including the Centers for Medicare and Medicaid Services (CMS), the Health Resources and Services Administration (HRSA), and the U.S. Food and Drug Administration Office of Criminal Investigations (FDA-OCI)

What We See on the Horizon

Contact our Government and Internal Investigations team for our latest insights about the following:

  • Post-pandemic investigations – The various responses by the federal government and state governments include billions of dollars in stimulus and other funding. We anticipate that, once the pandemic ends, pandemic-related investigations will begin as government regulators assess whether recipients of funds complied with relevant government requirements.
  • Effects of the Biden election – We anticipate that government compliance and enforcement priorities will shift – perhaps very significantly – in the wake of the 2020 presidential election. We expect civil rights and consumer protection investigations to resume both at the federal and state level, after a period of relative quiet, and for federal agencies to be more active in supporting government prosecution and False Claims Act efforts.
  • Avoiding pitfalls in government investigations – We regularly offer presentations to management and executive teams to prepare them for the possibility of an investigation and to guide them how to avoid the most common missteps.

Brian M. Feldman Featured in Medicare Compliance Commenting on False Claims Act Settlement

Scammers' Billions Ripped off from Pandemic Assistance Funds 'Tip of the Iceberg'

Brian M. Feldman Featured in McKnight’s Long-Term Care News on Second Circuit Ruling

National Media Covers HSE and Brian M. Feldman’s Successful Challenge in Second Circuit Court of Appeals

Harter Secrest & Emery Secures Victory at Second Circuit Court of Appeals for New York Health Facility Clients

The First PPP-Related Indictment in Buffalo Has Been Handed Down. The Enforcement Actions Are Just Beginning

Kristian D. Walker Appointed to the Renaissance Academy Charter School of the Arts Board of Trustees

New York Attorney General’s Loss Shows Limits of Price-Gouging Laws

SEC Settles First Enforcement Action Against a Public Company for Alleged Misleading Disclosures on COVID-19

Laura K. Schwalbe Appointed to WNY Heroes, Inc. Board of Directors

Harter Secrest & Emery Launches Online Resource to Track the Government's Enforcement of COVID-19 Financial Aid Programs

$10 Million Scripps Research Institute Settlement With Department of Justice Highlights Severe False Claims Act Risks for Federal Research Grant Recipients

Disgorgement Remains Available, if Limited, Equitable Remedy in Combatting Securities Fraud

Harter Secrest & Emery Welcomes Kristian D. Walker to its Government and Internal Investigation Practice

A Wave of Enforcement Actions May Follow in the Wake of COVID-19

View All Resources

Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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