White Collar and Investigations

The group draws upon the experience and expertise of some of the most highly regarded white collar litigators, including 8 former federal prosecutors.

The firm’s white collar lawyers bring the same creativity and problem-solving experience to white collar cases that are the hallmarks of Munger Tolles. They are seasoned trial lawyers who have an equally strong track record of persuading the government not to file criminal charges or to bring other enforcement actions in the first place.

Munger Tolles represents clients under criminal investigation and the targets of enforcement proceedings in state and federal courts and related administrative proceedings throughout the U.S. Our lawyers have defended clients under investigation by the Department of Justice, the Securities and Exchange Commission, the Internal Revenue Service, the Financial Industry Regulatory Authority, the Federal Trade Commission, as well as other state and federal agencies. The firm also has substantial experience representing clients under criminal investigation in Europe, Asia and Latin America.

Munger Tolles also has a widely acclaimed internal investigation practice. Our firm Chair Brad Brian literally wrote the book on the area, Internal Corporate Investigations (ABA, 4TH Ed., 2017). The firm has conducted hundreds of investigations in the United States and around the world on behalf of both Fortune 500 and smaller companies, representing the company itself in some instances or independent, special and/or audit committees in others. 

Representative Matters

Munger Tolles’ experience in white collar-related matters includes the representation of:

• Baxter International, Inc. Audit Committee in overseeing the company’s internal investigation, earnings restatement and self-reporting to the SEC after the discovery that employees were effecting intra-company transactions for the purpose of generating foreign currency gains.
• Transocean in successfully defending the drilling company in civil and criminal litigation arising from the April 20, 2010, oil spill in the Gulf of Mexico. Munger Tolles obtained a trial verdict in the federal multidistrict litigation, concluding that Transocean was not grossly negligent and, therefore was (1) fully indemnified by BP for compensatory damages and (2) not liable for punitive damages. In actions brought by the U.S. Department of Justice, Munger Tolles secured a favorable settlement.
• A former CEO in a closely watched “clawback” claim brought by the SEC under the Sarbanes-Oxley Act. Our client settled with the SEC for less than the government was seeking in damages.
• A San Diego technology company in an FCPA investigation by the DOJ and SEC.
• An employee of a Fortune 500 company in an FCPA investigation by the DOJ and SEC.
• The former director of a New York Stock Exchange listed public company in connection with an SEC investigation into allegations of tipping with inside information.
• A global aerospace and defense technology company in connection with two civil investigations by the Department of Defense, Office of Inspector General and the U.S. Attorney’s office in Los Angeles in connection with the severance of a former officer and whether the company's accounting violated the Federal Acquisition Regulations.
• The former officers and directors of IndyMac Bank and New Century Financial in litigation and investigations arising from the current financial crisis.
• A major financial institution in an investigation of its underwriting of municipal bonds by the SEC.
• A major mortgage company in DOJ and SEC investigations of its disclosure and origination practices.
• A celebrity entrepreneur accused of tax evasion. After a defense investigation showed that the government’s main witness embezzled money from Munger Tolles’ client and hid exculpatory documents, the government dismissed all felony charges.

Contact:
John Berry
Brad D. Brian
Lisa J. Demsky