Regulatory Investigations and Enforcement Actions
Bozorgi Law has experience handling regulatory investigations and enforcement actions in the financial and healthcare industries. We have represented clients in investigations, administrative proceedings, and securities enforcement actions brought by the U.S. Securities and Exchange Commission (SEC), the Department of Justice (DOJ), and other regulatory agencies, including the State of Florida Office of Financial Regulation, Centers for Medicare & Medicaid Services (CMS), and the U.S. Department of Health and Human Services Office of Inspector General (HHS OIG).
Our work has involved investigations into alleged violations of federal and state securities laws, financial reporting violations, accounting fraud, insider trading, Foreign Corrupt Practices Act (FCPA) violations, healthcare fraud, improper sales practices, false claims, and drug mispricing and marketing.
We believe that the key to achieving favorable outcomes in regulatory and civil enforcement actions is gaining a full command of both the facts and the law. We guide our clients through the process of complying with their obligations while protecting their rights. Our attorneys engage directly with regulators to advocate for our clients’ positions, with the goal of avoiding the damaging effects of an enforcement action whenever possible. When litigation is unavoidable, we have the trial experience to vigorously defend our clients’ interests in court.
Regulatory investigations frequently lead to parallel proceedings that require a coordinated defense. It is common for a regulatory inquiry to be accompanied by a related civil lawsuit brought by shareholders or a concurrent criminal investigation conducted by prosecuting authorities. The same is true of investigations in the healthcare industry. Our deep criminal defense experience allows us to evaluate exposure from multiple perspectives and to navigate the inherent risks of parallel proceedings with strategic precision.
Our representative regulatory investigations and enforcement actions include:
Representation in the Southern District of Florida of former CEO of publicly traded company in a SEC Enforcement Action charged in a complaint alleging 13 claims for relief pursuant to Section 10(b) of the Exchange Act and Rule 10b-5; Section 17(a) of the Securities Act; violation of Section 13(b)(5) of the Exchange Act; and violation of Rule 13b2-1 and 13b2-2 of the Exchange Act. Case related to accounting fraud allegations and involved a substantial volume of documents, expert financial analysis, and many discovery depositions. Case involved international witnesses and investigation. Complex pretrial motions were filed, which involved novel issues raised by the defense regarding “oral downloads” and waiver of work product privilege. All fraud claims were dismissed, and case settled for books and records violations.
Representation of individual target subject to a subpoena for documents in a CFTC investigation relating to investor fraud. There was a parallel criminal investigation.
Representation of multiple employees living abroad and working at foreign subsidiary of a United States publicly traded company, who were witnesses in a FCPA investigation being conducted by the DOJ with a parallel SEC investigation.
Representation of individual tipee in insider trading investigation conducted by the SEC involving executive of publicly traded company. Declination issued.
Representation of witness subject to subpoena for testimony and subpoena for documents in insider trading investigation conducted by the SEC.
Representation in the Southern District of Florida of CEO of international corporation charged with wire fraud regarding activities in Europe, the Middle East, and the United States, together with a related enforcement action brought by the SEC.
Representation of dentists before Florida Agency for Health Care Administration regarding civil claims brought under the False Claims Act.
Representation of physician before Florida Department of Health regarding the purchasing of wholesale pharmaceuticals.
Representation of company in funeral business before Florida Department of Financial Services relating to sales of prepaid funeral services.
Representation of company providing speech therapy before Florida Agency for Health Care Administration.