White collar matters and investigations are rarely straightforward; they often unfold across jurisdictions, involve parallel proceedings and require careful handling of sensitive internal information. These matters carry the highest stakes, demanding lawyers with exceptional experience, judgment and credibility.

White Collar & Investigations

Experienced advocacy in response to crisis, scrutiny and enforcement.

White Collar & Investigations

Overview

For nearly five decades, clients have trusted Munger, Tolles & Olson’s discretion, credibility and deep understanding of white collar enforcement and investigations strategy, asking us to lead internal investigations, respond to government inquiries and defend companies and individuals in the most complex white collar matters.

MTO pioneered a proactive model of internal investigations, gathering and presenting evidence early and engaging directly with prosecutors, which helped shape federal cooperation guidelines. That legacy continues as we counsel companies on compliance, voluntary disclosure strategy and board-level response to alleged misconduct.

Our white collar team includes former federal prosecutors, fellows of the American College of Trial Lawyers and seasoned litigators who know how to meet with government agencies early, engage persuasively and deliver results. We have secured dismissals, convinced prosecutors to dismiss charges, negotiated favorable resolutions and, when necessary, gone to trial — and won.

Clients turn to us in matters involving catastrophic incidents and tragedies, securities and accounting fraud, insider trading, foreign bribery, tax evasion, trade secret theft and False Claims Act allegations. We have represented Fortune 500 companies, board committees, senior executives, elected officials, campaign professionals and public institutions in high-profile investigations and prosecutions across the country and around the world.

Our experience spans federal and state criminal enforcement, Securities and Exchange Commission (SEC) and Department of Justice (DOJ) inquiries, internal whistleblower complaints, and parallel civil and regulatory proceedings. We regularly interact with the DOJ, SEC, IRS, Financial Industry Regulatory Authority (FINRA), Federal Trade Commission (FTC), National Transportation Safety Board (NTSB), state attorneys general and district attorneys, and numerous other federal and state agencies. In today’s global enforcement landscape, we have also conducted cross-border investigations in Europe, Asia, the Middle East and Latin America.

When reputations, careers and business survival are at risk due to white collar allegations and investigations, clients count on MTO for steady guidance, deep experience and powerful advocacy.

Experience

High Profile

Pacific Gas & Electric in criminal investigations and charges arising out of catastrophic wildfires:
- Dixie Fire (the largest single fire in California history) – Handled investigation and negotiations resulting in declination of all criminal charges.
- Kincade Fire – Handled investigation and preliminary hearing, resulting in stipulated judgment dismissing all criminal charges.
- Zogg Fire – Handled investigation and preliminary hearing, resulting in order dismissing most charges, followed by stipulated judgment dismissing all remaining criminal charges.

Santa Anita Racetrack in a criminal investigation by a Los Angeles District Attorney Task Force relating to highly publicized equine deaths, resulting in a public report finding no criminal conduct by the racetrack.

Scaled Composites in internal investigation and government investigations relating to the crash of Virgin Galactic’s SpaceShipTwo.

Transocean, operator of the Deepwater Horizon, in numerous criminal and civil investigation and proceedings arising from the April 2010 oil spill in the Gulf of Mexico. Negotiated favorable misdemeanor plea and obtained successful trial verdict in federal multidistrict litigation, preserving company’s entitlement to full indemnity against all losses.

Aerospace, Defense and Government Services

Bechtel National Inc. (BNI), in defending against federal criminal charges of false billings in the clean-up of a massive nuclear waste project. MTO resolved the case through a civil settlement.

Lawrence Livermore National Lab in an investigation by DOE-OIG into allegations of time-charging fraud and a related False Claims Act action brought by a former design physicist at the lab.

Northrop Grumman in:
- Internal and government investigations by the U.S. Air Force and the National Transportation Safety Board relating to crashes of a Global Hawk and other aircraft.
- Multi-year, multi-agency time-charging fraud investigation regarding allegations that government contractors overcharged on contracts with the Air Force. The matter was resolved with no criminal charges against the Company.
- Major defense industry companies in dozens of investigations for alleged criminal violations of false claims and false statement statutes, relating to everything from missiles and satellites to facility maintenance services.

Bribery and Public Corruption

A former executive at FirstEnergy Corp. in a federal criminal investigation and civil shareholder derivatives lawsuit.

Former CEO of savings & loan charged with accepting bribe from an investment bank. Obtained complete acquittal by jury.

Various Fortune 500 companies in dozens of Foreign Corrupt Practices Act, all resolved without prosecution.

Finance director of major U.S. Senate campaign — acquitted at trial.

Finance director of presidential campaign — no charges brought after we investigated and submitted detailed report.

Entertainment

An entertainment company in connection with federal investigation and prosecutions relating to money laundering, drug misbranding and other charges.

A celebrity entrepreneur accused of tax evasion. After a defense investigation showed that the government’s main witness embezzled money from Munger, Tolles & Olson’s client and hid exculpatory documents, the government dismissed all felony charges.

A major film studio in a commissioner’s charge investigation by the EEOC of alleged systemic discrimination against female directors.

A major motion picture CEO in a criminal tax-evasion investigation; investigation was dropped after successful five day “trial” on defense assertion or privilege in response to grand jury subpoenas.

Environmental

Transocean/Deepwater Horizon (noted above).

Southern California Edison in criminal prosecution for spill into protected waters.

Plains All American Pipeline in criminal (and all related civil) actions arising from a 2015 oil spill.

A utility in connection with allegations that a powerplant caused environmental contamination.

Financial & Securities Fraud

Robert Olan, in appeals to the U.S. District Court for the Second Circuit and in U.S. Supreme Court overturning insider trading conviction and rejecting government’s effort to expand insider trading, wire fraud and conversion statutes to cover alleged misuse of confidential government information.

General Reinsurance, a Berkshire Hathaway subsidiary, in federal and New York Attorney General investigation for its involvement with AIG and various finite insurance transactions.

Officers and directors of IndyMac Bank and New Century Financial in SEC and FDIC investigations arising from the financial crisis.

A major technology company in an SEC investigation of statements made by its former CFO in connection with the inadvertent early release of earnings results.

Fortune 100 retailer in a federal investigation into backdating of stock options.

Founder of communications company and sports-team owner in investigation and prosecution for securities fraud; negotiated resolution without jail time.

CEO of a media company in felony tax prosecution. All felony charges dismissed on plea to single misdemeanor with no jail time.

Intellectual Property and Technology

Applied Materials as the victim in a federal criminal trial resulting in conviction of former employee for possession of trade secrets.

A biotechnology company in a federal False Claims Act investigation relating to prescription drugs.

A Fortune 100 company in a criminal investigation of alleged theft of thousands of trade secrets from a competitor; charges declined as part of global settlement.

A major financial institution and its founder in a criminal investigation in the U.S. District Court for the Southern District of New York for alleged theft of trade secrets from former employer; no charges brought after trial victory in companion civil case.

Import/Export Laws

Represented vice chair of major motion picture studio in criminal investigation of alleged violations of Iranian export laws; no charges brought after multiple presentations.

Representation of major defense contractor for alleged violations of criminal statutes prohibiting exportation of certain technology; no charges brought after multiple presentations.

Sexual Misconduct

Major universities in internal and criminal investigations of alleged misconduct by administrators, faculty, coaches and physicians.

Activision Blizzard as co-counsel in reaching a $54 million settlement agreement in litigation with the California Civil Rights Department after a years-long investigation of alleged sex discrimination, sexual harassment and retaliation against female employees.

The Board of Trustees at the Thacher School, one of the nation’s elite boarding schools, in an independent internal investigation into decades of alleged sexual abuse at the school.