White Collar Criminal Defense and Corporate Investigations — Representative Engagements

Trial Success

Orrick's lawyers obtained the complete acquittal of the former CFO of McKesson HBOC of charges of criminal conspiracy and securities fraud in which he faced up to 25 years in prison and $2 million in fines, if convicted. This was a rare defeat for the U.S. Department of Justice in its prosecution of corporate defendants. The Orrick team and defendant made a strategic decision to waive a jury trial and try the case in front of the bench. This acquittal was featured when Orrick was profiled in The National Law Journal's "Defense Hot List."

Stock Options Backdating

Orrick's lawyers represent several companies and numerous senior executives in the recent wave of stock options backdating investigations initiated by the SEC and the offices of the U.S. Attorneys for the Northern District of California and Southern District of New York, as well as internal investigations initiated by directors and executives not currently under government scrutiny.

Internal and Government Investigations

• Orrick's lawyers represented the audit committee of a multinational telecommunications company in investigating possible violations of the Foreign Corrupt Practices Act. The investigation has covered China, Mongolia, India, Thailand, Viet Nam, Taiwan, Japan and Haiti, among other countries.
• Orrick's lawyers represented an energy company in criminal and civil investigations by the Department of Justice Enron Task Force, SEC, CFTC and FERC in connection with natural gas market manipulation allegations arising out of California's energy crisis.
• Orrick's lawyers conducted an internal investigation for a hedge fund related to possible employee misconduct regarding insider trading.
• Orrick's lawyers conducted an internal investigation for a financial services company concerning allegations of improper trading activity.
• Orrick's lawyers conducted an internal investigation of the New York branch of a foreign bank regarding possible fraudulent investment activities.

Representation of CEOs, CFOs and other Senior Employees

• Orrick's lawyers represented the former Chairman and CEO of a medical equipment manufacturer in connection with investigations by the Department of Justice and SEC arising out of revenue recognition irregularities.
• Orrick's lawyers represented the former CFO of a Fortune 100 pharmaceutical company in connection with criminal securities fraud charges by the United States Department of Justice and parallel SEC enforcement action.
• Orrick's lawyers represented employees of a Korean DRAM chip manufacturer in connection with a criminal price fixing investigation by the United States Department of Justice, Antitrust Division.
• Orrick's lawyers represented a publicly traded company in an investigation by the New York Attorney General's Office concerning the allocation of IPO shares.
• Orrick's lawyers represented senior executive of a Philippines telephone company in connection with criminal price fixing investigation by the United States Department of Justice, Antitrust Division.
• Orrick's lawyers represented the CFO of an apparel manufacturer in a securities fraud investigation by the SEC and the Department of Justice following an earnings restatement.
• Orrick's lawyers represented a large investor in a market manipulation investigation by the SEC and the Department of Justice concerning a publicly traded Internet company.
• Orrick's lawyers represented a defense contractor in an investigation by the Department of Defense/DCIS and Department of Justice concerning procurement fraud.

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