INTERNAL INVESTIGATIONS

Bondurant, Mixson & Elmore, LLP is experienced and uniquely situated to conduct internal investigations for corporate clients.

The firm’s experience in the field of business crimes field began with the antitrust expertise of Emmet Bondurant, who is widely recognized as one of the top antitrust attorneys in the country.
 
While continuing to uphold the firm’s reputation in the field of antitrust, BME lawyers are also experienced in securities, RICO, health care, employment and other substantive areas.  For example, in more than 25 years of practice, Edward Krugman has conducted numerous corporate internal investigations of potential price-fixing and securities law violations.  John Floyd was appointed as a Special Assistant Attorney General to assist the State of Georgia in its successful RICO prosecution of two former professors at the Medical College of Georgia.  Along with Ben Fox, John has represented companies in the health care industry in government investigations, qui tam litigation and internal investigations.   Jill Pryor, who concentrates her practice in the areas of securities litigation, corporate governance, RICO and accounting fraud, recently conducted an internal investigation involving the CEO of a high profile non-profit corporation.  As a firm, we regularly represent companies and individuals (including directors, officers, and other professionals) designated as targets, subjects or fact witnesses in federal and state grand jury investigations and prosecutions. We have also assisted clients in designing and implementing effective internal compliance programs that comport with the federal Sentencing Guidelines.

Because BME focuses solely on litigation, we are uniquely situated to serve as truly independent investigators to design and implement such investigations, complete the necessary factual and legal analysis, report on our conclusions, and where appropriate, make disclosure to government agencies and recommend remedial measures.  Whether companies or individuals face potential criminal legal issues, serious civil litigation and administrative implications, or both, our broad experience in complex cases enables us to respond rapidly and effectively.

Representative Cases

  • Represented the Chief Financial Officer of a publicly-traded company in an options backdating investigation.
  • Investigated alleged construction contracting fraud against the Fulton County School Board, resulting in recoveries of almost $7 million.
  • Represented many targets and witnesses in investigations by the Department of Justice and other governmental authorities.
  • Represented a defendant in an eight year battle against a False Claims Act relator who attempted to amend the complaint at least four separate times, we defeated every attempted amendment and won the case in the 11th Circuit, generating an important new opinion that has since been followed in at least three other circuits.
  • Represented a defendant who was accused of participating in a major theft ring, we obtained a low-dollar settlement, re-established a business relationship between the defendant and the plaintiff company, and insulated the defendant from a pending criminal investigation.
  • Represented plaintiffs in a RICO case against former employees who literally stole an entire computer software development company.

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