PRACTICE AREAS > White Collar Criminal Defense and Government Enforcement
Our white collar defense practitioners have a proven record of success for individual and corporate clients in complex government investigations. Our lawyers include former federal and state prosecutors with many decades of experience on both sides of the isle. They know how prosecutors and investigating criminal agents plan and conduct their investigations. They have the savvy and the willingness to fight for their clients that these high stakes situations require.
The White Collar Defense and Government Enforcement practice at Earp Cohn is led by Edward F. Borden, Jr., a seasoned and aggressive trial lawyer and recognized leader in the criminal defense bar. Borden has the unique experience of having been on both sides of these cases, having served as the Camden County Prosecutor and as an Assistant United States Attorney in Philadelphia, in addition to many years as an active defense lawyer. His combination of experience, leadership and expertise provides a unique advantage to his clients. Ed has hands-on experience with the criminal justice system and knows how to work the rules and procedures effectively for his clients.
Our first goal in every criminal investigation is to avoid any charges at all. We appreciate that for most of our clients, the stigma of criminal charges – even if the prosecution is later defeated at trial – can be enormously expensive, both professionally and personally. While our lawyers have had their share of high profile victories at trial, their most prized wins will never make the news. In many cases, we have convinced prosecutors to close investigations without ever bringing charges. Even in cases where outright dismissal is not possible, we have frequently negotiated resolutions that were extremely favorable to our clients.
When a trial is required, we spare no effort in gaining an acquittal. We don’t approach such trials from a “defensive” perspective. Rather, we take the battle to the prosecutor, insuring that the jury understands our client’s perspective and why he or she should win. Most commonly, we work as a team with forensic experts, often accountants and data analysis experts, to insure a full and aggressive presentation of the evidence that proves that our client is not guilty.
Our clients’ identities are highly confidential. They have included businesses large and small. Most often in such investigations, we represent individuals and our clients have included public officials, lawyers, accountants, physicians and other professionals, as well as senior corporate officers and managers.
Our White Collar Criminal Defense Practice handles a variety of matters from the more typical to the very complex and high profile. The areas that give rise to white collar criminal prosecutions most often include:
Income Tax Violations
Earp Cohn lawyers have succeeded in avoiding indictment or securing acquittals on behalf of individual business owners, professionals and others in prosecutions for a variety of federal income tax violations over their years of practice.
Federal Program and Contract Fraud
We have successfully represented companies and individuals against allegations of defense procurement fraud, quality issues, kickbacks, and False Claims Act/qui tam violations.
We are prepared to assist companies in conducting internal investigations and in creating compliance programs consistent with the Federal Sentencing Guidelines. We have successfully managed suspension and debarment proceedings, and provide advice on the voluntary disclosure programs of federal agencies.
Cyber-Crime and Hi-Tech Investigations
Our practice group lawyers have substantial experience in the burgeoning area of Internet and hi-tech prosecutions. Mr. Borden represented the author of the “Melissa Virus” and, after negotiated guilty pleas with multiple prosecuting agencies, convinced the court to impose a 20-month sentence, literally dozens of years below what was originally sought by the prosecutors.
Securities Fraud
We have experience in investigations by the United States Attorney's Office, the U.S. Securities and Exchange Commission, NASD and state law enforcement agencies. We are prepared to represent clients in all phases of the investigative and prosecutorial process, from responding to subpoenas all the way to trial.
Health Care Fraud
Our attorneys have been involved in many significant health care cases in recent years. In addition, we have frequently defended senior employees of pharmaceutical companies accused of FDA violations and program fraud.
Public Corruption, Campaign Finance, and Election Law Fraud
We have successfully represented public officials who have been the targets of investigations and prosecutions and private individuals who have been targeted by prosecutorial and administrative bodies for campaign finance and election law violations.
Antitrust Violations
One of the members of our practice group is a former Trial Attorney with the Department of Justice Antitrust Division who has defended major business concerns in antitrust claims.
Other Areas
Our lawyers also have substantial investigative and trial experience in other areas that are often the subject of white collar prosecutions:
- Bankruptcy Fraud
- Bribery
- Compliance issues
- Counterfeiting
- Economic Espionage
- Environmental Law Violations
- Embezzlement
- Financial Fraud
- Identity Theft
- Insider Trading
- Insurance Fraud
- Kickbacks
- Mail Fraud
- Money Laundering
- Phone/Telemarketing Fraud
- Prescription Drug Violations
- Trade Secrets & Trade Secret Theft
If you or someone you know is faced with a white collar criminal issue, it is critical that a competent, experienced professional be retained to advocate your case and protect your rights.
For more information, contact Practice Group Chair Ed Borden at 856-354-7700 or eborden@earpcohn.com |
