Representative Matters

REPRESENTATIVE MATTERS

Firm handles matters involving, but not limited to the following entities: United States Departments of: Justice (DOJ); Labor (DOL); Treasury; State; Commerce; Homeland Security; Interior; U.S. Attorney Offices throughout the U.S.; U.S. Congress (House of Representatives/Senate); Federal Bureau of Investigation (FBI); Drug Enforcement Agency (DEA); Internal Revenue Service (IRS); Immigration and Customs Enforcement (ICE); Securities and Exchange Commission (SEC); Commodity Futures Trading Commission (CFTC); Federal Trade Commission (FTC); Texas Attorney General’s Office; Texas State Securities Board; Numerous District Attorney Offices.

Noteworthy Matters

  • Represented Enron Whistleblower in Congressional and related matters regarding the collapse of the 7th  largest U.S. corporation.
  • Represent Texas Attorney General in criminal prosecution relating to allegations of securities fraud.
  • Represented Chief BP Drilling Engineer with Congressional and related matters concerning the Macondo Well/Deep Water Horizon Explosion in the Gulf of Mexico. Client was not charged.
  • Represented the University of Texas Systems and Board of Regents in Texas Legislature’s impeachment proceedings of Regent.
  • Represented U.S. Olympic Committee member in Congressional investigation and other matters involving the U.S. Olympic Committee scandal (Salt Lake City). Client was not implicated.
  • Represented Major League Baseball player in Congressional and associated matters concerning the Steroid Scandal.
  • Represent USA Gymnastics in matters involving the sexual abuse scandal.
  • Represented an individual that attempted to bomb a civil war confederate statue.

Foreign Corrupt Practices Act

  • Petroleos de Venezuela S.A. (PDVSA): U.S. Department of Justice initiated a series of prosecutions for corrupt payments to officials of Venezuela’s state-owned and controlled energy company, PDVSA. Represent owner of several Texas-based companies charged with making corrupt payments to PDVSA officials.
  • Noble Corporation: Represented Noble’s General Counsel in an SEC investigation. Noble’s CEO and Noble’s Nigerian head of operations were charged with bribing Nigerian officials to obtain illegal permits for importation of drilling rigs. Client was not charged.
  • Weatherford International: Weatherford International paid $152.6 million to DOJ/SEC for FCPA offenses in the Middle East and Africa for Expert Control and FCPA violations.  Represented Weatherford International Executive who was not charged.
  • Parker Drilling Co.: DOJ/SEC case involving bribes paid to Nigerian officials to circumvent tax/custom laws.  Company plead guilty and agreed to pay $15.9 million for violating FCPA Anti-Bribery Provisions.  Represented CEO as local counsel.
  • USA v. ABB Vetco Gray Inc. et. al: Represented ABB Vetco Gray as local counsel in prosecution for FCPA violations in Nigeria.  ABB Group controlled over 500 companies.
  • Bridgestone: Represented Executive for alleged FCPA violations in South America.  Company was prosecuted. Client received no prison sentence.
  • Baker Hughes, Inc.: Company paid $44.1 million to settle DOJ/SEC probe into FCPA violations in Nigeria, Indonesia, Angola, and other countries.  Represented Executive who was not charged.
  • Willbros Group: Represented Willbros Executive for bribery and conspiracy to violate FCPA in Nigeria and Ecuador. Client was sentenced to one year and a day, fined $17,500.00.
  • ABB: Represented ABB Executive who was allegedly responsible for FCPA violations in South Africa.  Client was not charged.
  • American Rice, Inc.: Represented American Rice Executive post-conviction briefly for allegedly bribing Haitian officials in order to reduce company taxes.
  • Represented Senior Executive of a publicly traded multinational drilling company regarding a FCA investigation. No claims were pursued against the Firm’s client.

Healthcare Fraud/Anti Kickback

  • Represented compound pharmacist in multi-federal district False Claims Act investigation. No charges or action was filed.
  • Defended dentist in federal prosecution. Federal charges were dismissed due to Firm’s efforts.
  • Represented several dental practices and dentists in actions filed by the State of Texas under the Texas Medicaid Fraud Prevention Act.
  • Defended dental clinic in SOAH trial. Client was successful at trial.
  • Represented numerous physicians investigated and prosecuted for allegations of kickbacks, improper billing, and Stark violations. Several of the cases resulted in no criminal charges or civil actions.
  • Represented physicians, administrators, and others concerning Partial Hospitalization Programs with respect to Health Care Fraud and Medicare Fraud allegations.
  • Represented physicians, home health agencies, and others accused of Health Care Fraud and Medicare Fraud.

False Claims Act / Qui Tam

  • Represent Qui Tam relator in False Claims Act litigation against electronics distributor that allegedly conspired to sell Chinese manufactured computer components to the United States while representing the products were made in a Trade Agreements Act country. Successfully settled against lead defendant for more than $1 million. Litigation against Chinese manufacturer continues.
  • Represent Qui Tam relator in False Claims Act litigation against seven physicians related to fraudulent home health care certifications, violations of Anti-Kickback Statute and Stark Law, and billing for services not provided or not medically necessary. Successfully resolved case against three defendants to date.
  • Represented Qui Tam relator in False Claims Act litigation where Defendants paid the United States over $1 million to resolve claims that they improperly billed the Medicare program for sleep studies.

Whistleblowers

Represented numerous high-profile whistleblowers including:

  • Enron (Named Time Magazine Person of the Year 2001)
  • Countrywide (Activities reported helped fuel Great Recession of 2008)
  • Congressional Scandal (lobbying scandal involving illegal gifts and campaign donations to legislators).
  • Imperial Sugar Plant Explosion (Represented Executive who exposed facts before Congress of dust explosion at a sugar refinery killing 14).
  • Energy Trading Company
  • Represent whistleblowers in Tax Court litigation challenging the Commissioner’s abuse of discretion regarding eligibility for whistleblower rewards under I.R.C. § 7623.
  • Represented Sarbanes-Oxley whistleblower in Department of Labor proceedings. Award determination granted to Firm’s client.

Securities (SEC) And Commodities (CFTC)

  • Represented several traders in multiple felony investigations involving Energy Market manipulation.
  • Represented Trader in reporting of National Gas Reserves.
  • Represented Chief Accounting Officer is Dynegy Investigation. No charges were filed.

Fraud

  • Represented Chief Compliance Officer of former national mortgage company regarding civil claims under False Claims Act (FCA) and Financial Institutions, Reform, and Enforcement Act of 1989 (FIRREA). Matter settled favorably for Client.
  • Represented an individual in criminal proceedings for a fraudulent billing and kickback scheme from a large, privately held multinational corporation. The client received favorable sentencing results.
  • Represented bond trading company and its principals regarding $68 million wire fraud and bank fraud investigation. No charges were filed against Firm’s clients.

Internal Investigations

  • Represented International Company in $9 million embezzlement scheme carried out by former in-house counsel. Successfully located and liquidated assets obtained with stolen money for Firm’s client.
  • Conducted investigation on behalf of large insurance company exposing a multimillion-dollar accident fraud ring. Investigation resulted in criminal prosecutions of 8 individuals and the filing of a civil RICO suit.
  • Represented multiple companies in investigations of alleged mismanagement and misappropriation of company property and funds.
  • Represented cruise lines for alleged violations of federal gambling laws. The client was not charged.
  • Represented company in investigation of alleged diversion of company funds by senior management and fraudulent invoicing scheme.
  • Represented tugboat company in Seaman’s Manslaughter investigation conducted by U.S. Coast Guard. Client was not charged.

Antitrust

  • Represented International Freight Forwarding Executive in criminal and civil matters involving alleged international price fixing conspiracies. Client was not charged.
  • Represented executive in the Marine Hose Antitrust litigation involving alleged global marine hose price fixing conspiracy.
  • Represented Executive in criminal matter for role in a conspiracy to fix prices of anti-vibration rubber parts installed in vehicles.

Congressional And Government Matters

  • Represented a large contractor’s involvement in the assembly of the Colombia Space Shuttle that exploded. Prepared Client for Congressional testimony and obtained a favorable outcome for Client.
  • Represented the University of Texas System/Board of Regents in impeachment proceedings by a Texas Legislature select committee against individual Regent. Favorable outcome obtained for Clients.
  • Represented Executive of food company in plant explosion that killed 14 people. Represented Client for testimony before a U.S. Senate Subcommittee. No charges were filed against Client.
  • Represented Client in Deepwater Horizon Investigation conducted by U.S. Department of Homeland Security, U.S. Coast Guard and other governmental agencies.

Civil Matters

  • Represented Chief Compliance Officer of former national mortgage company regarding civil claims under False Claims Act (FCA) and Financial Institutions, Reform, and Enforcement Act of 1989 (FIRREA). Matter settled favorably for Client.
  • Represented Texas-based investment firm regarding internet-based fraud scheme.
  • Represent Plaintiffs in Class Action Suit related to surprise Medical Emergency Billing.
  • Represented entities and individual principals in FTC investigation involving violations of the Business Opportunity Rule regarding unsubstantiated earnings claims for a work at home business. Firm’s client received favorable settlement.
  • Represented individual in suit brought by the FTC regarding online employment placement service. Firm negotiated favorable settlement for client.
  • Represented International Company in $9 million embezzlement scheme carried out by former in-house counsel. Successfully located and liquidated assets obtained with stolen money for Firm’s client.
  • Represented interests of client’s companies in high profile divorce proceedings.
  • Represented dental appliance manufacturer in breach of contract dispute involving a warrant and related motions to compel arbitration.

Environmental

  • Lawsuit filed against Shell’s Deer Park facility, eighth largest domestic oil refinery and one of the world’s largest petrochemical producers. Shell settled agreeing to dramatically reduce air pollution, extensively upgrade the plant, enhance air emission monitoring, and pay a $5.8 million penalty.
  • Lawsuit filed against the Chevron Phillips Cedar Bayou chemical plant in Baytown, Texas. Chevron settled and paid a $2 million penalty to establish a pediatric asthma clinic serving Ship Channel communities.
  • Sued the ExxonMobil’s Baytown refinery and chemical plants, the largest manufacturing facility in the U.S. After a Federal trial, Court failed to find Exxon liable for the illegal pollution. After being overturned by the Fifth Circuit Court of Appeals, the District Court ruled that Exxon violated its permits times and assessed a $20 million penalty, the highest penalty awarded to a citizen environmental lawsuit in U.S. history. Exxon has appealed that ruling; final resolution is pending.
  • Represented a senior British Petroleum drilling engineer assigned to Deepwater Horizon oil rig in the BP Deepwater Horizon Oil Spill. Client was not prosecuted.
  • Defended several individuals with hazardous waste disposal and dumping. Obtained positive results for Clients.

Immigration

  • Represented several executives and employees of large companies involved in immigration-hiring; Multiple cases. Favorable outcome for Clients.

Public Corruption

  • Investigated activities at a Constable’s Office that ultimately leading to the prosecution and/or dismissal of Constables, First Assistant and Captain.
  • Investigated activities at a District Attorney’s Office resulting in the prosecution and conviction of two District Attorney criminal investigators.
  • Represented whistleblower who provided information leading to the prosecution of a U.S. Congressman, Lobbyist and several Congressional Staffers.
  • Represented a former Congressional Aide charged with a scheme to illegally provide funds to a Congressman.

Post-Trial – Habeas Litigation

  • James Scott Colburn: convicted of capital murder suffered from mental illness. Federal habeas litigation involved competency to stand trial and to be executed. Resulted in a rare stay of execution from the United States Supreme Court.
  • Anibal Garcia Rousseau: convicted of the capital murder of a Federal Agent. The Texas Court of Criminal Appeals remanded Rousseau’s case to the trial court for an evidentiary hearing on actual innocence. Rousseau died in prison before exoneration.
  • Rulford Garfield Aldridge: convicted of capital murder. During federal habeas litigation, the federal court took the usual step of convening an evidentiary hearing, ultimately determining Aldridge, on death row for 17 years, was incompetent to stand trial. The court ordered Aldridge released or retried.
  • Ronald Jeffrey Prible: convicted of a double murder. Habeas litigation, raised serious questions regarding innocence and prosecutorial misconduct. The federal court convened a hearing to issue an opinion. Matter is still pending.
  • Larry Ray Swearingen: convicted of murder. Firm obtained six stays of execution and three evidentiary hearings. The Texas Legislature also amended the Criminal Code’s DNA Chapter because of Swearingen’s case.
  • Thomas Bartlett Whitaker: convicted of orchestrating murders of his mother and brother. Clemency was granted at the last minute. Whitaker’s sentence was commuted to life in prison.