White-Collar Defense & Investigations
When you receive that call or subpoena you need a highly-experienced team ready to protect your interest and launch an aggressive defense. In today’s environment individuals and corporations may find themselves running afoul of government regulations and the law. A simple commercial dispute may give rise to allegations of fraud and abuse. Simply responding to a grand jury subpoena or a Civil Investigative Demand (CID) will present logistical record-gathering challenges and expenses when directed at an innocent target or legitimate business.
With an existing network of expert investigators and former federal prosecutors we have experience representing individuals and companies before grand juries, and in federal and state courts at both the trial and appellate levels. We have a team of experienced trial attorneys across the United States who have conducted hundreds of jury trials and investigations in both the private and government sectors related to allegations in every significant area of white-collar crime. Whether it involves conspiracy, fraud, securities improprieties, government contracts, health care, environmental crimes, internal and regulatory investigations or breach of the Foreign Corrupt Practices Act.
With service in states’ Attorneys General Offices, U. S. Attorney Offices, and senior positions in the Department of Justice, we have the expertise to handle parallel state and federal criminal, regulatory, and administrative proceedings. We will put our experience, which includes the successful prosecution and defense of civil and criminal jury trials, to work for you. We will draw upon the subject-matter experience of our network in these areas:
- Banking / Securities Regulations
- Health care
- Pharmaceutical
- Government contracting / Procurement Fraud
- Environmental
Corporate Investigations & Regulatory Compliance
Martin Legal & Compliance Services has the experience you need when it comes to conducting thorough and discreet internal investigations to assess your next move be it in the area of employment issues, corporate governance issues, regulatory compliance, information security risks, or civil and criminal liability. Our network of expert attorneys have appeared before state and federal agencies, have conducted administrative investigations and proceedings, directed and participated in both state and federal criminal investigations, and managed private litigation stemming from qui tam complaints. We counsel our corporate clients, and their Board of Directors and Compliance/Audit Committees, behind the scenes, before regulatory agencies, and in the courts. We provide management the tools to understand what happened in their organization so they can determine a course of action.
We can provide advice on:
- Conducting internal interviews and the strategy process for an internal investigation
- Discipline of responsible members of the organization
- Protocols for self-disclosure of conduct to the government
- Advising and handling cooperating witnesses
- Waiving and retaining attorney-client privilege
- Overseeing document production
- Negotiation of Corporate Integrity Agreements and Non-Prosecution Agreements
Our services include:
- Advising on the development of compliance programs, including policy development and risk assessments
- Counseling and training senior leadership and Directors on corporate governance and the United States Sentencing Guidelines and how a compliance program is evaluated for ‘effectiveness’
- Providing Interim Compliance Officer and External Compliance Officer services
- Compliance Due Diligence reviews on healthcare acquisitions
- Independent Compliance Program Reviews
- Independent HIPAA Program Reviews
- Drafting voluntary disclosures
- Assistance with FDA, DEA and OIG investigations
False Claims Act / Qui Tam Defense / Consumer Protection
The Federal False Claims Act (FCA) is one of the most powerful tools available to the Department of Justice and purported whistleblowers (or qui tam ‘relators’). Now 33 states have similar FCA which often trigger involvement of the States’ Attorneys General Offices. We have experience advising clients on various state and federal FCAs, and prosecuting and defending FCA lawsuits with related civil and criminal investigations. We routinely conduct internal investigations, respond to government investigations, defend lawsuits filed under FCAs and seek to avert debarment and exclusion proceedings. We have experience working at the U. S. Department of Justice on FCA matters as well as within the state Attorneys General community. This experience provides you with invaluable insights, and allows you and your company to receive insight into government strategy and to prepare the groundwork for civil and criminal negotiations with government officials at both the state and federal levels.
In addition to a network of nationwide litigation capability, Alice is highly experienced and familiar with federal and state courts. As U. S. Attorney she led the Health Care Fraud Task Force for the Northern District of Alabama which recovered over $750,000,000 in civil qui tam recoveries, as well as the criminal prosecution of numerous health care providers.
As Chief Deputy Attorney General for the State of Alabama Alice led the Medicaid Fraud Control Unit (MFCU) in global settlements involving drug manufacturers. With over a decade of additional experience as a registered nurse, a medical malpractice defense litigator, and as VP of Ethics & Compliance for a regional hospital management operator, she uses her diverse experiences to defend health care providers. She also led the Consumer Protection Division and negotiated the largest settlements in state history for single-state settlements involving the termite industry, as well as a tax preparation software giant.
Alice also previously led the North Alabama Procurement Fraud Task Force in actions brought against contractors in the area of military and aerospace government contracting out of Huntsville, Alabama. She appreciates the complex, ever changing environment of government contracting and how critical knowledge of your industry’s requirements are to helping ensure your actions are clearly understood so an appropriate resolution will be reached as quickly as possible.
We have legal teams prepared to represent clients in the following industries:
- Health care
- Government contracting
- Consumer products
- Compounding pharmacies
To discuss your case with Martin Legal & Compliance Services, LLC, call our office at 256-710-8190. We are glad to discuss your situation to see if we can be of assistance. Or, if you prefer, contact us at alice@alicemartin.com and we will contact you directly.