Whiteford has extensive experience conducting highly sensitive and complex internal investigations on behalf of private and public sector clients. We represent companies, boards of directors, and special committees in investigations of alleged or potential misconduct by employees, vendors and directors and officers involving regulatory compliance, employment issues, fraud, corporate governance and possible criminal misconduct. In the course of such investigations, we advise on matters of privilege, confidentiality, data privacy and internal and external communications. At the same time, we identify potential reporting obligations, interface with law enforcement and government officials at state and federal levels and handle government and grand jury subpoenas. Post-investigation, we advise on internal controls and governance initiatives that can help to safeguard a company or organization going forward.
Representative matters include:
Investigation of a former officer and director in claims arising from embezzlement, fraud and tax evasion, including working with state and federal law enforcement and negotiating remediation for the company.
Confidential investigation of potential fraud by a CFO, including working with the Board of Directors and a forensic accounting firm to assess and resolve the matter.
Investigation for company of labor and employment complaints of discrimination and harassment.
Investigation for nonprofit organization of accounting irregularities, including working with forensic accounting firm to analyze and report on findings to the Board of Directors.
Investigation on behalf of a Special Committee of the Board of Directors of a public company, including assessment of potential claims involving fiduciary duties, fraudulent transfer and statutory claims.
Ethics investigations on behalf of nonprofit credentialing client.
Investigations of Title IX complaints involving athletes, coaches and staff in university and school settings.
Investigations arising from corporate ethics hotlines, along with internal compliance audits.
Investigations of potential legal claims to be brought by investigating parties.
Advice and counsel regarding investigations by governmental entities, including the Office of Inspector General and United States Attorneys’ Office, U.S. Securities and Exchange Commission (SEC), Public Company Accounting Oversight Board, and state boards of accountancy.
The Department of Justice’s Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime memorandum released on May 12, 2025, signals a shift in DOJ corporate criminal enforcement. The memorandum signals a shift from past DOJ directives and focus, recognizing that ”not all corporate misconduct warrants federal criminal prosecution,” that “prosecution of individuals, as well as civil and administrative remedies directed at corporations, are often appropriate to address low-level corporate misconduct and vindicate U.S. interests,” and that DOJ “must strike an appropriate balance between the need to effectively identify, investigate, and prosecute corporate and individuals’ criminal wrongdoing while minimizing unnecessary burdens on American enterprise.”
In recent media appearances, New York State Attorney General Letitia James announced that her office will “significantly expand” the use of the Martin Act—New York General Business Law article 23-a—to investigate and, where appropriate, prosecute insider-trading activity occurring wholly or partially within the State. Enacted in 1921, the Martin Act confers uniquely broad civil and criminal enforcement powers to the Attorney General, permitting the State to pursue securities fraud cases without establishing scienter, reliance or damages and to subpoena documents and testimony even in the absence of a pending action. Willful violations of the Act constitute a class E felony punishable by up to four years imprisonment and a $5,000 fine; each fraudulent act may be charged separately, and the Attorney General may also seek injunctive relief, disgorgement and civil penalties of up to $10,000 per violation, together with pre-judgment interest and, in appropriate cases, a bar from serving as an officer or director of a public company.
On her first day in office, Attorney General Pam Bondi announced several changes to the standards governing the exercise of prosecutorial discretion, charging decisions, plea negotiations and sentencing recommendations.
The U.S. Department of Justice (DOJ) and the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) have recently announced two enforcement actions that demonstrate the U.S. government's aggressive and expansive application of U.S. law to foreign conduct with minimal U.S. nexus. These actions underscore the need for foreign companies and individuals to be aware of and comply with U.S. legal requirements, especially in the areas of anti-corruption and sanctions, and to implement effective compliance programs and controls to mitigate the risk of U.S. enforcement. Our firm has extensive experience and expertise in advising and representing clients on these complex and evolving issues, and we are ready to assist you in navigating the challenges presented by the U.S. regulatory and enforcement landscape.
The Department of the Treasury’s Office of Foreign Assets control (OFAC) issued a final rule amending specific reporting and procedural regulations effective November 7, 2024. OFAC published the interim final rule on May 10, 2024, seeking comments by June 10, 2024. The final rule’s enactment is noteworthy because OFAC seriously considered public comments concerning reporting requirements for unblocked or transferred property. The final rule adds three exceptions to the reporting of unblocked or transferred property based on the public comments received after publication of the interim final rule.
Whiteford is pleased to announce that Dennis M. Fitzpatrick, a seasoned litigator with over 20 years of experience investigating and prosecuting complex criminal cases, leading dozens of sensitive and complicated investigations, both in the U.S. and abroad, has joined the firm as a Partner in Washington, D.C.
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