White-Collar Criminal Defense and Securities Litigation
Represented a former accountant and senior director of financial reporting at a large telecommunications company in an action brought by the Securities and Exchange Commission (SEC) against two former accountants, and the former CEO, CFO and president of the company. The SEC alleged fraud in excess of $3 billion and asserted claims predicated on alleged accounting, internal controls and disclosure violations. Kevin took the lead on behalf of the defense group in the vast majority of the 69 depositions in the case and in an important 702 hearing. The court granted summary judgment in favor of Kevin’s client and against the SEC on all claims.
Represented a physician charged in 48 counts with antikickback violations and patient mistreatment. Following a 3 month trial and appeal by the government, the physician was not convicted on any count.
Represented a meat production company on false statement charges arising from an e-coli outbreak and nationwide recall. The company was acquitted of all charges following a 3 week trial.
Represented a supervisor of an oil field who was charged with the negligent discharge of oil and failure to report the discharge of oil into waters of the United States. Kevin brought motions to dismiss the indictment based on the government’s impermissible attempt to expand the scope of the negligent discharge provision of the Clean Water Act, and on the ground that the reporting requirement was being unconstitutionally applied to his client. The government then dismissed the indictment against Kevin’s client.
Represented an environmental laboratory during a four-year grand jury investigation after one of the client’s branch labs was searched by more than 30 EPA agents. Kevin was told by the Department of Justice (DOJ) that it intended to bring charges against the company. Following a written submission and presentation to the Environmental Crimes Section of the DOJ as to why it should not indict the company, the DOJ declined prosecution.
Represented the former chief financial officer of a solar panel manufacturer in connection with a grand jury investigation related to a loan of over $400 million to the company pursuant to President Obama’s green energy initiative. Kevin was told his client was the target of the grand jury investigation. Following submissions by Kevin explaining why his client should not be charged, the DOJ declined to pursue charges.
Helped a large, international specialty chemical company resolve a federal grand jury investigation regarding RCRA violations in connection with storing elemental phosphorous.
Represented a natural gas trader in investigations by the Commodities Futures Trading Commission (CFTC) and the DOJ into suspected manipulation of market prices. No action was taken by either the CFTC or DOJ against the trader.
Represented a plant environmental manager in a grand jury investigation resulting in a declination of prosecution.
Represented two former employees of a large telecommunications company in investigations by the SEC and DOJ relating to suspected accounting and disclosure violations. Neither the SEC nor DOJ took action against either employee.
- Summary judgment in multibillion dollar alleged accounting fraud case by SEC
- Acquittal of doctor in case alleging 48 counts involving purported illegal kickbacks
- Acquittal of company in false statements case
Internal Investigations
Spearheaded an internal investigation and secured a declination on behalf of a client with a project in Afghanistan suspected of FCPA violations. In connection with this investigation, Kevin visited Kabul, Afghanistan on two occasions to interview employees, former employees, and vendors.
Conducted an internal investigation in India. Kevin visited New Delhi and Mumbai three times to conduct witness interviews and computer forensic and document reviews.
Conducted an internal investigation into alleged mischarging allegations on behalf of a government contractor.
Conducted an internal investigation on behalf of a government contractor with respect to the award of various task orders under an Air Force contract.
Spearheaded an extensive internal investigation on behalf of a for-profit college across 17 campuses in several States. This investigation was conducted over a seven-week period and involved interviews of more than 200 individuals and forensic document examination, which culminated in a 300+ page report of findings and recommendations.
Conducted an internal investigation on behalf of an environmental laboratory related to potential reporting issues and prepared a corporate compliance and ethics manual and training program, which the laboratory implemented.
Conducted an internal investigation on behalf of a large telecommunications company in connection with accounting and disclosure issues pertaining to a particular equipment transaction. The DOJ declined to take action against the company.
- Internal investigation in Kabul, Afghanistan
- Internal investigations for various government contractors
- Developed corporate compliance and ethics manual and training program
Commercial Cases
Successfully defended a national sports organization in an action brought by the developer with respect to projects to renovate the Olympic Training Center in Colorado Springs.
Successfully defended a large sports, entertainment and media holding company, and its subsidiaries, in various multimillion-dollar breach of contract and tort actions.
Obtained summary judgment for a large utility in a multidistrict, multibillion-dollar reverse qui tam action brought against over 300 companies in the oil and gas industry alleging underpayment of royalties for natural gas extracted from federal and Indian lands. The company prevailed on appeal in the Tenth Circuit and certiorari was denied by the Supreme Court. The district court then ruled that the company was entitled to recovery of its attorneys’ fees and costs incurred in the litigation.