White Collar Defense and Government Investigations Group

A growing arsenal of federal and state statutes and a stream of high-profile trials and convictions have placed companies and executives everywhere under intense scrutiny. Conducting business effectively while minimizing risks and distractions related to this scrutiny requires a new consciousness about corporate practice and the proactive support of experienced counsel. Fish & Richardson combines one of the nation's strongest white collar defense teams with a strategic perspective and systematic approach that can help prevent problems from occurring in the first place.

The best defense is a good prosecutor: a distinguished team of former federal prosecutors

We work preventively and proactively to develop strategies and take remedial actions to avoid governmental scrutiny. At the same time, we offer extraordinary resources to clients who do come under investigation or regulatory inquiry. Our firm is a national leader in high-stakes litigation, and our attorneys are seasoned in the issues involved in dealing with law enforcement agencies as well as civil litigation adversaries. We understand the nuances of working with government officials to find solutions that meet the needs of our clients as well as public policy. And, where necessary, we are knowledgeable, effective advocates at every stage of preparation, trial, and appeal.

A reputation built on high-stakes cases

The knowledge and skills we bring to such celebrated cases are equally applicable to a multitude of other matters that never make headlines- which in itself is often a measure of our success. Through comprehensive internal investigations and innovative compliance programs, we have helped dozens of companies to avoid and prevent criminal behavior, escape its damaging consequences, and keep their energies focused on growing and developing their business.

White collar practice areas

• Government Investigations
• Internal Investigations
• Tax Shelter Investigations
• Individual Representation
• Grand Jury Representation
• Antitrust
• Obstruction of Justice
• Public Corruption
• RICO Violations
• Government Contracting and Procurement Fraud
• Environmental Crimes
• False Claims Act and Qui Tam Proceedings
• Bank Fraud
• Currency Law Violations
• Financial Crimes
• Money Laundering
• Tax Fraud
• Computer Fraud and Cybercrime
• Food and Drug Fraud
• Healthcare Fraud
• Insurance Fraud
• Mail and Wire Fraud
• Employee and Tax and Pension Fund Fraud
• Securities Fraud
• Insider Trading
• USA Patriot Act
• Economic Espionage Act of 1996
• Export Administration Regulations
• Internal Traffic in Arms Regulations
• Foreign Corrupt Practices Act
• International Trade and Customs Fraud
• Trading with the Enemy Act

Securities litigation practice areas

• Securities Law Investigations
• Foreign Corrupt Practices Act
• Federal Securities Class Actions
• State and Federal Shareholder Derivative Lawsuits
• Merger, Acquisition, and Change of Control Lawsuits
• SRO Investigations and Proceedings
• Stock Exchange Investigations and Delisting Proceedings
• State Agency Investigations
• Commodity Futures Trading Commission Investigations

Services and strategies that protect companies and individuals

Internal investigations

Compliance programs

Litigation

Some of our most important work occurs before the charging stage. Every time we convince the government not to bring charges against our client, we score a win that doesn't make the news. In cases where dismissal has not been granted, we have repeatedly negotiated optimal settlements for our clients.

Governmental scrutiny can have a pervasive impact on a company, both internally and externally. We understand this impact in all its dimensions, from legal, regulatory, and financial to relationships with employees, customers, suppliers, and community constituencies. With insight and integrity, our attorneys advise clients on managing crises and dealing with the media. Our experience and perspective help us to achieve the best results for our clients across all aspects of each situation.

A team of national stature

Fish & Richardson's White Collar Defense and Government Investigations Group brings together an impressive slate of former federal prosecutors and federal agency law enforcement officials with decades of battle-tested experience. We work with clients preventively and proactively. Our broad experience enables us to provide clients the know-how to deal with both law enforcement agencies and civil litigation adversaries.

With Fish & Richardson you will have a highly respected, committed ally that provides vigorous, expert counsel.

Rick Castello, a principal in the New York office, has tried more than 75 jury trials to verdict. Before joining Fish & Richardson, Mr. Castello was a senior trial counsel for and advisor to the legendary Manhattan District Attorney Robert M. Morgenthau. At the Manhattan District Attorney's Office for more than 20 years, he specialized in handling and trying complicated and difficult cases and received the District Attorney New York Association award for distinguished and outstanding service to law enforcement and good government. Mr. Castello has used his extensive experience trying murder and other complex cases at the Manhattan District Attorney's Office to develop effective strategies for his clients. Mr. Castello is a regular commentator on Court TV.

Paul Coggins, a principal in the Dallas office, was appointed United States Attorney in North Texas and served from 1993 to 2000. He was twice selected by the U.S. Attorney General to serve on the Attorney General's Advisory Committee (AGAC), including once as Vice Chair, where he forged relationships with law enforcement officials around the country. He was also Co-Chair of the AGAC's White Collar Crime Subcommittee. As United States Attorney, he prosecuted the first "three strikes- you're out" case and one of the first cases in the nation under the Economic Espionage Act. He has served as a Texas Special Assistant Attorney General. Mr. Coggins is a past President of both Dallas CASA (Court-Appointed Special Advocates) and the North Texas Crime Commission. He was a founder of the Southwest Section of the American Bar Association Committee on White Collar Crime. He has been chosen one of the "Best Lawyers in Dallas," a Texas "Super Lawyer," and one of the ''Best Lawyers in America" in Litigation and White Collar Criminal Defense.

John Helms, a principal in the Dallas office, served as an Assistant United States Attorney in Dallas for three years. In this role, Mr. Helms was recognized by the Executive Office of the United States Attorneys for his work in connection with the terrorist attacks on September 11, 2001, and by the United States Postal Inspection Service for his work on financial crimes. As a federal prosecutor and defense attorney, he has never lost a federal criminal trial. Mr. Helms is a Fellow of the Dallas Bar Foundation, and he has been selected as one of the "Best Lawyers Under 40 in Dallas" as well as one of the state's "Rising Stars" by Texas Monthly Magazine.

Bill Mateja, a principal in the Dallas office, previously spent 13 years as a federal prosecutor with the Justice Department. He served more recently as Senior Counsel to Deputy Attorneys General Larry D. Thompson and James B. Comey in Washington, DC, where he was the point person for President Bush's Corporate Fraud Task Force and oversaw the Department's white collar crime prosecutions, including its corporate and health care fraud efforts. Mr. Mateja also served as Counsel to the Director for the Executive Office for United States Attorneys and continued to serve as an Assistant U.S. Attorney during his appointments at Main Justice, having served in such capacity with the Northern District of Texas since 1991. As a federal prosecutor, Mr. Mateja prosecuted and tried many of the Northern District's most complex and sophisticated white collar crime and fraud cases. He is a Texas "Super Lawyer" and, in 2001 (when he turned 40), was recognized as one of the "Top 40 Under 40" in the first Texas survey of its kind.

Tom Melsheimer, Managing Principal of the Dallas office, served as an Assistant United States Attorney in Dallas, where he was honored by the Justice Department as one of the nation's top prosecutors. He has been described as one of the city's top "courtroom fighters" and one of the top trial lawyers in the Southwest. For three straight years he has been selected as one of the "Best Lawyers in Dallas" in the areas of both Business Litigation and White Collar Criminal Defense and a Texas "Super Lawyer" in a statewide poll.

Franceska Schroeder, a principal in the Washington, DC, office, has more than 15 years of experience serving clients in the space, defense, and other high-technology sectors. She routinely advises clients on export controls and sanctions administered by the Departments of State (International Traffic in Arms Regulations), Commerce (Export Administration Regulations), and Treasury (Foreign Assets Control Regulations).

Matthew Levine, a principal in the New York office, began his career in the Justice Department in 1997 and served as Deputy Director of Intergovernmental Affairs. Prior to joining the firm, he served as an Assistant U.S. Attorney for 10 years. During the time he was an Assistant U.S. Attorney in the Eastern District of New York and then an Assistant U.S. Attorney in the District of Columbia, he prosecuted hundreds of criminal cases and investigations. He has tried 17 jury trials and over 20 bench trials to verdict, and briefed dozens of appeals, arguing a number of them before the U.S. Court of Appeals for the Second Circuit, the U.S. Court of Appeals for District of Columbia Circuit, the New York State Appellate Division, and the District of Columbia Court of Appeals. In 2007, he served as both the Acting Chief and as an Assistant U.S. Attorney in the Business and Securities Fraud Section, and handled numerous securities fraud and white-collar investigations involving insider trading, accounting fraud, private placement fraud, as well as stock manipulation.

A prestigious record

Internal investigations

• Conducted an internal investigation on behalf of the Dallas Independent School District to look into alleged procurement card abuse and fraud occurring over a three-year period.
• Represented the State of Texas as a Special Assistant Attorney General in an internal investigation of a redistricting scandal.
• Conducted an internal investigation for a Fortune 500 corporation that uncovered a kickback scheme engineered by an officer of the company and provided an investigative report to federal authorities. The officer was indicted for fraud, pled guilty, and received a five-year sentence.
• Conducted an internal investigation for a Texas hospital in connection with allegations that the hospital violated various health care statutes, including the antikickback statute and the Stark Act.

Fraud

• In the massive Enron litigation, obtained a dismissal on the pleadings for a national law firm in the class action lawsuit filed by Milberg, Weiss.
• Represented a national $700 million manufacturing concern in connection with dual SEC and U.S. Attorney's Office accounting fraud investigations.
• Was lead counsel for one of the world's largest disc manufacturers, its subsidiary and officers of the subsidiary, in civil RICO case. Our motions to dismiss (though not ruled upon) were instrumental in assisting client in resolving favorably.
• Negotiated an agreement not to criminally prosecute a major venture capitalist previously identified as the target of a federal securities fraud investigation.
• Represented a developer and a former Texas mayor in the longest bank fraud trial in the state's history, which resulted in a hung jury.

Health care fraud/qui tam

• Represented various health care providers in connection with HIPAA-related matters. Voluntarily disclosed possible HIPAA violations to the appropriate HHS authorities.
• Represented a Texas ambulance company accused of defrauding Medicaid by transporting ambulatory patients.
• Represented a Texas durable medical equipment provider in connection with charges that it defrauded Medicare.
• Represented a doctor in one of the largest individual health care prosecutions, obtaining a reversal of all major charges on appeal and establishing favorable new law regarding "medically unnecessary" procedures.
• Defended a data processing company in a qui tam lawsuit, leading to a $15 million counterclaim settlement cited by National Law Journal as the "Top Defense Verdict" of 1998.
• Defended a publicly traded health care provider in a federal and state whistleblower action.

Theft of trade secrets

• Represented a Fortune 500 technology concern by not only prosecuting a civil trade secrets case, but also coordinating an indepth criminal referral for DOJ's Computer Crimes and Intellectual Property Section.
• Represented one of the world's largest brokerage firms, whose trade secrets were stolen and copyrights infringed by a competitor.

Immigration

• Represented an employee of a major food processor indicted for alien smuggling after a three-year federal investigation of the company's hiring practices and convinced the government to dismiss the indictment.

Individual representation

• Negotiated an agreement with federal authorities not to criminally prosecute a major textile company previously identified in court filings as the co-conspirator of an individual later convicted of fraud.
• Procured a nontarget letter for an attorney accused of assisting in a massive moneylaundering scheme involving embezzled proceeds.
• Represented the CEO of a publicly traded wireless data provider in connection with a shareholder's derivative action alleging, among other things, breach of fiduciary duty.

Public corruption

• Represented an elected state official in a federal bribery and fraud investigation.
• Obtained a jury verdict of not guilty on all counts for a former Dallas police officer in a federal civil rights case.
• Defended a senior government official in a federal bribery trial.

Government entities

• Sued the City of Houston on behalf of a nationwide concessionaire, obtaining a federal court decision that the City had violated the Open Meetings Act. The judge further ruled that the City's awarding of a concession contract to a competitor had been illegal and thus must be nullified.

Election law

• Represented three Fortune 500 companies in connection with the Travis County District Attorney's investigation of PAC activities in Texas. Two of the companies were never indicted, and for the third company (which hired F&R post-indictment), the firm obtained a dismissal of the charges.

Export, defense, and international trade regulations

• Developed and help maintain comprehensive export control and trade compliance programs for major U.S. high-technology equipment manufacturers and services providers with offices in the U.S. and abroad.
• Advised large group of investors on U.S. trade regulatory requirements arising in connection with the proposed purchase of a U.S. communications company by a foreign company.
• Secured authorizations needed to allow the sale of a high-technology company's assets to an international consortium that included shareholders from countries against which the U.S. maintains trade and economic sanctions.
• Represented a U.S. company in the negotiation of a consent decree arising from alleged violations of the International Traffic in Arms Regulations.

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