Internal Investigations

Barton employs attorneys from some of the most prestigious law enforcement agencies in the country. Barton’s Internal Investigations team consists of former prosecutors of the SDNY; Manhattan, Bronx, and Queens District Attorney’s Office; and a New York Detective and U.S. Special Agent.

Barton regularly conducts corporate internal investigations at the request of clients concerned with an existing or potential internal issue. Our team works tactfully and thoroughly, seeking to minimize exposure and provide timely solutions for the matter at hand, whether it be suspected criminal activity, regulatory violations, SEC or FINRA violations, money laundering, fraud, embezzlement, corporate espionage, F.C.P.A. insider trading, trade secret theft, or other financial-related malfeasance or illegality.

As a result of the collective Barton experience, our investigations are done professionally, with regard to the requisite evidentiary issues and potential client strategies. If there are issues to be found, the Barton team is very effective at identifying them. We conduct internal investigations at the independent request of clients and also as a supplement to already on-going government investigations.

Barton understands the significance of the identification and, at times, self-reporting of issues identified internally in certain industries. We regularly work to mitigate exposure to the client that may result from investigation findings. At times, our internal investigations identify criminal or regulatory violations. If criminal activity or issues pertaining to law enforcement are found, Barton is adept at liaising with the federal, state, and local authorities to minimize the impact on the client, and we can also provide clients with assistance to resolve the issue.

Barton has successfully negotiated cooperation agreements and other non-criminal sanctions for self-reporting of client issues after our internal investigation has identified them. Barton is committed to handling these highly sensitive internal investigations as discreetly and efficiently as possible, while also recommending the proper recourse once the investigation has concluded.

Work in this Area

Internal Investigations

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Representative Matters

Has represented companies in cases involving allegations of sexual harassment, including conducting thorough internal investigations. After the investigations, we provided reports to top management, including conclusions and recommendations.

Represented a family-owned real estate company regarding a data incident. Our role was to liaise with insurance carriers, secure and contract with a forensic investigator, lead the investigation and analyze the results to determine whether a breach had occurred while keeping the conversation privileged.

Represented a New York City hospital system by leading an investigation into breach of patient information from five hospitals and disclosure onto five Internet search engines, while also coordinating breach response and reporting.

Led investigation into and provided counsel and coordination for response to theft of trade secrets from a multi-national oil equipment manufacturing corporation, where theft originated in eleven countries.

Analyzed futures trading activities of U.S. subsidiary of a Japanese corporation, drafted policies and procedures, and presented training seminar to relevant management and traders.

Conducted an internal investigation of suspected employee theft and fraud, including supervising polygraph examination of employee.

Assessed investment house’s over-the-counter derivatives trading operations, revised policies and procedures to address deficiencies, and provided training for traders.

Investigated and reported to Federal Reserve Board and firm management on whistleblower complaint against investment bank concerning employee misconduct with off-market pricing of Yen options trades, and improper booking and confirmation of derivatives transactions.

Represented client in all aspects of the enforcement investigation, including coordinating discovery, conducting internal investigation of allegations, defending on-the-record testimony, and negotiating settlement.

Pursuant to Consent Decree, assessed and reported to the Board of Directors and the New York Stock Exchange on investment house’s policies and procedures for order entry, Rule 144a transactions, margin trading, new account documentation, and supervision of institutional and retail accounts. Recommended changes to policies and procedures based on lessons learned from the investigation.

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