Investigations

Organizations of all types—public companies, privately held businesses, local governments, research groups, nonprofits, educational institutions, and others—face increasing scrutiny from regulators, enforcement agencies, whistleblowers, employees, boards, stakeholders, the media, and the public. When concerns arise, or when something simply appears to have gone wrong, Smith Anderson helps organizations assess risk, determine the facts, and respond with independence, sound judgment, and discretion.

Smith Anderson’s Investigations practice focuses on two primary areas: government-facing investigations and internal investigations for businesses, local governments, nonprofits, and educational institutions. Our team is led by two former federal prosecutors with extensive experience in investigations conducted by the FBI, HHS, Offices of Inspector General, military investigators, Medicaid Investigations Division, and other federal and state agencies. Their experience gives clients firsthand insight into how government investigations are conducted, how enforcement agencies evaluate matters, and how organizations can respond most effectively. This includes investigations or claims brought by the government or qui tam relators under the False Claims Act.

When investigations uncover potential exposure, we help clients address the consequences. We advise on remediation, policy and procedure improvements, communications strategy, regulatory compliance, and risk mitigation. If civil, administrative, or related litigation proceedings become unavoidable, our experienced litigators are prepared to manage those matters effectively and efficiently. Benchmark Litigation has recognized Smith Anderson as “North Carolina Firm of the Year” for Litigation every year since 2020. That experience enables us to guide clients through a broad range of investigations, from government enforcement actions to sensitive internal matters.

• Government & Regulatory Investigations: We represent businesses, health care organizations, government contractors, grant recipients, nonprofits, and other entities in civil and regulatory investigations initiated by federal and state government agencies, including matters involving the False Claims Act, the Controlled Substances Act, anti-kickback statutes, Stark Law, grand jury subpoenas, search warrants, civil investigative demands and administrative subpoenas, Medicare and Medicaid regulations, OSHA, and other government enforcement initiatives. Our attorneys identify legal and reputational risks, develop response strategies, manage interactions with government authorities, and help clients mitigate potential civil, administrative, and business consequences. When administrative or civil proceedings are unavoidable, our experienced litigators are prepared to manage those matters efficiently and effectively.
• Internal Investigations: Organizations also turn to Smith Anderson when internal issues arise involving sensitive workplace, governance, financial, regulatory, and operational issues that require an independent, objective investigation. We conduct comprehensive internal investigations involving allegations of harassment, discrimination, retaliation, conflicts of interest, financial mismanagement (including allegations of embezzlement, employee theft, and fraud), policy violations, regulatory noncompliance and other corporate misconduct matters. Our attorneys help organizations determine what happened, evaluate legal and reputational risk, and recommend practical next steps.

Clients benefit from our multidisciplinary team, which brings together lawyers with deep experience in litigation, regulatory, employment, health care, local government and corporate law. Many of our attorneys also serve on boards and governing bodies, including two former university boards of trustees, giving them a practical understanding of the risks and responsibilities organizations face.

Whether responding to government scrutiny or conducting an independent internal investigation, Smith Anderson provides objective, business-focused counsel that helps organizations understand the facts, evaluate risk, and make informed decisions. We work closely with clients to develop practical strategies that protect their legal interests, minimize business disruptions, preserve stakeholder confidence, and position their organizations to move forward.

Retained as counsel by clients across a wide array of industries to represent them in government investigations or to conduct internal corporate investigations. These include:

• Representing physician-owned medical practices, government contractors, and other businesses in qui tam litigation brought under the False Claims Act, including successfully obtaining government declination, negotiating pre-intervention settlement, and otherwise responding to government inquiries.
• Representing corporations in investigating employee embezzlement, kickbacks, and other financial improprieties, including recovering millions of dollars on behalf of employers, coordinating with law enforcement, and working with insurance companies in addressing employee theft.
• Representing companies in participating as witnesses in federal criminal proceedings, including responding to federal grand jury subpoenas, navigating search warrants and other unannounced inspections and audits, and sitting for interviews by federal criminal investigators.
• Representing government contractors in addressing allegations of procurement fraud and assistance with self-reporting to government.
• Representing assisted living and skilled nursing facilities in regulatory investigations and investigations of employee misconduct, including managing reporting obligations and challenging license actions and civil penalties imposed by regulators.
• Representing companies in investigating corporate officers for breaches of fiduciary duty, conflicts of interest, and other misconduct.
• Representing government and municipal entities in investigating misconduct, including elected official corruption, asset diversion, falsification of records, failure to fulfill statutory duties, and misconduct by law enforcement officers.
• Discrimination and employee misconduct, including allegations of pattern and practice of sexual harassment and racial discrimination.