White Collar Criminal Defense & Government Enforcement

Earp Cohn P.C.’s white collar defense practitioners have a proven record of success for individual and corporate clients in complex government investigations. Our lawyers include former federal and state prosecutors with many decades of experience on both sides of the aisle. They know how prosecutors and investigating criminal agents plan and conduct their investigations. They have the skills, the savvy and the willingness to prevail in situations where it is literally their client’s freedom that is at stake.

If you or someone you know is faced with a white collar criminal issue, it is critical that a competent, experienced professional advocate on your behalf and protect your rights.

The White Collar Defense and Government Enforcement practice at Earp Cohn P.C. is led by Edward F. Borden, Jr., a seasoned and aggressive trial lawyer and recognized leader in the criminal defense bar. Mr. Borden has valuable perspective gained from successful advocacy on both sides of such cases. He served as the Camden County, NJ Prosecutor and as an Assistant United States Attorney in Philadelphia, in addition to his many years of practice as an active defense lawyer. His combination of experience, leadership and courtroom tenacity provides unique advantages to his clients.

Our first goal in every criminal investigation is to avoid any charges at all. We understand that for most of our clients, the stigma of criminal charges – even if the prosecution is later defeated at trial – can be enormously expensive, both professionally and personally. While our lawyers have had their share of high profile victories at trial, their most prized wins never make the news. In many cases, we have convinced prosecutors to close investigations without ever bringing charges. Even in cases where outright dismissal is not possible, we have frequently negotiated resolutions that were extremely favorable to our clients.

When a trial is required, we spare no effort in gaining an acquittal. We don’t approach such trials from a defensive perspective; rather, we take the battle to the prosecutor, insuring that the jury understands our client’s position and why our client should prevail. Most commonly, we work as a team with forensic experts, often accountants and data analysis experts, to insure a full and aggressive presentation of the evidence that proves that our client is not guilty.

Our corporate clients include businesses large and small. The individuals we have represented include senior corporate officers and managers, public officials, as well as lawyers, accountants, physicians and other professionals.

Our Services

Our White Collar Criminal Defense Practice handles a variety of matters from the more typical to the very complex and high profile. The areas that give rise to white collar criminal prosecutions most often include:

• Income Tax Violations
  Earp Cohn lawyers have succeeded in avoiding indictment or securing acquittals on behalf of individual business owners, professionals and others in prosecutions for a variety of federal income tax violations.
• Federal Program and Contact Fraud
  We have successfully represented companies and individuals against allegations of defense procurement fraud, quality issues, kickbacks, and False Claims Act/qui tam violations. We are prepared to assist companies in conducting internal investigations and in creating compliance programs consistent with the Federal Sentencing Guidelines. We have successfully managed suspension and debarment proceedings, and provide advice on the voluntary disclosure programs of federal agencies.
• Cyber-Crime and Hi-Tech Investigations
  Our practice group lawyers have substantial experience in the burgeoning area of Internet and hi-tech prosecutions. Mr. Borden represented the author of the “Melissa Virus“ and, after negotiated guilty pleas with multiple prosecuting agencies, convinced the court to impose a 20-month sentence, literally dozens of years below what was originally sought by prosecutors.
• Securities Fraud
  We have experience in investigations by the United States Attorney’s Office, the U.S. Securities and Exchange Commission, NASD and state law enforcement agencies. We are prepared to represent clients in all phases of the investigative and prosecutorial process, from responding to subpoenas all the way to trial.
• Health Care Fraud
  Our attorneys have been involved in many significant health care cases in recent years. In addition, we have frequently defended senior employees of pharmaceutical companies accused of FDA violations and program fraud.
• Public Corruption, Campaign Finance, and Election Law Fraud
  We have successfully represented public officials, private individuals, as well as administrative bodies who have been the targets of investigations and prosecutions for campaign finance and election law violations.
• Antitrust Violations
  Our practice group includes a former Trial Attorney with the Department of Justice Antitrust Division who has defended numerous major business concerns and individuals in antitrust claims.

Our lawyers also have substantial investigative and trial experience in other areas that are often the subject of white collar prosecutions, such as: