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When You are the Target (Or Want to Avoid Becoming the Target): Strategies for Proactive Management of a Government Investigation

November 29, 2007
Arnold & Porter LLP
1600 Tysons Boulevard, Suite 900
McLean, VA
22102-4865

In an age when government investigations of US companies can result in major financial penalties and criminal prosecutions, corporate counsel must minimize risk and take aggressive steps to manage the investigation from the beginning. Experienced counsel and a current official from the US Attorney's Office will discuss core strategies in-house counsel can utilize to communicate with the government to help keep a an investigation from spinning out of control. Discussion will include:

  • How to respond to an investigation
  • Establishing a dialogue with the government
  • How to plead your case before an enforcement decision is reached

James W. Cooper is a partner in Arnold & Porter LLP's White Collar and Criminal Defense and Litigation practice groups. A former senior Justice Department attorney and Assistant US Attorney for the District of Columbia, Mr. Cooper served as the Deputy Chief of the Criminal Division and Acting Chief of the National Security Section at the US Attorney's Office for the District of Columbia.

John Roth is Chief of the Fraud and Public Corruption Section of the United States Attorney's Office for the District of Columbia and Acting Deputy Assistant Attorney General in the Criminal Division of the Department of Justice. The Fraud and Public Corruption Section (FPC) is responsible for the investigation and prosecution of a variety of white collar crimes. These include economic crimes, such as tax violations, thefts, and embezzlements, as well as business, banking, securities, telemarketing, credit card, computer, identity theft, mail, wire, health care, and consumer frauds.

Michael D. Trager is a senior partner in the Washington, DC, office of Arnold & Porter LLP, where he chairs the firm's nationally ranked Securities Enforcement Practice and co-chairs the firm'' Securities Enforcement and Litigation Practice Group. Prior to entering private practice, Mr. Trager served in the SEC's Division of Enforcement in Washington, DC, where he conducted investigations and represented the government in litigation.

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