White Collar Defense

Mr. Walsh’s primary white collar experience comes from representing a large, non-profit corporation that was the target of a federal investigation for almost two years.  Since this experience, Mr. Walsh has represented another corporate client in Texas subject to a federal investigation.  With this experience, Mr. Walsh has worked on a variety of key issues related to federal investigations of corporations:

  • Deferred Prosecution Agreement: Mr. Walsh negotiated and drafted significant portions of a deferred prosecution agreement that permitted a large, non-profit corporation to successfully dismiss a federal indictment for multiple counts of mail fraud under the Honest Services Doctrine (18 U.S.C. § 1346).
  • Corporate Cooperation with Federal Authorities: For two separate corporations under federal investigation, Mr. Walsh prepared a detailed memorandum for the United States Attorney’s Office to consider in determining whether the corporation adequately cooperated with the federal authorities in accord with the Department of Justice’s internal guidelines entitled Principles of Federal Prosecution for Business Organizations.  These guidelines were more commonly known at the time as the Thompson Memo or the McNulty Memo. 
  • Negotiate with Sitting United States Attorney: When a dispute arose concerning the interpretation of a section in a deferred prosecution agreement—a dispute that could have severely damaged the client, Mr. Walsh successfully negotiated a resolution with the sitting United States Attorney that minimized the financial exposure to the client.
  • Internal Investigation: Mr. Walsh assisted with the internal investigation of a former CEO concerning his alleged misuse of an expense account.
  • Prepare Witnesses for Grand Jury Testimony: Mr. Walsh was responsible for preparing multiple corporate witnesses for grand jury testimony.
  • Prepare Documents for Grand Jury Subpoena: Mr. Walsh was responsible for preparing the documents responsive to a grand jury subpoena. 
  • Privilege Issues/Upton Warnings: As part of the federal investigation, Mr. Walsh was responsible for navigating the corporation through the complexities of corporate attorney-client privileges issues, including issues related to the so-called Upjohn warnings for corporate executives.