Securities & Regulatory Matters
Bozorgi Law has experience handling regulatory investigations and enforcement actions in both the financial and healthcare industries. We have represented clients during investigations, administrative proceedings, and in security enforcement actions filed by the Securities and Exchange Commission, the Department of Justice, and other law enforcement agencies, including the State of Florida Office of Financial Regulations, Centers for Medicare and Medicaid Services, and Health and Human Services, Office of Inspector General.
We have handled investigations involving alleged violations of federal and state securities laws, financial reporting violations, accounting fraud, insider trading, Foreign Corrupt Practices Act violations, health care fraud, improper sales practices, false claims, and drug mispricing and marketing.
We believe that the key to favorable outcomes in regulatory and civil enforcement actions is to gain command of the facts and the law. We guide our clients through the process of complying with their obligations while protecting their rights. We deal directly with regulators to advocate for our client’s position with the goal of avoiding the damaging effects of an enforcement action. If there is no way to avoid the filing of an enforcement action, we have the trial experience to vigorously defend our client’s interests in court.
Regulatory investigations often produce parallel proceedings that require a coordinated effort and defense. It is commonplace that a regulatory investigation will be accompanied by either a parallel civil proceeding brought by shareholders or a parallel criminal investigation being conducted by a prosecuting body. This is equally true of regulatory investigations in the healthcare industry. Our criminal defense experience helps us examine liability from many perspectives, with a goal of avoiding the landmines that are inherent in parallel proceedings.
Other representative securities & regulatory matters include:
Representation in the Southern District of Florida of former CEO of publicly traded company in an Securities and Exchange Commission Enforcement Action charged in a complaint alleging 13 claims for relief pursuant to Section 10(b) of the Exchange Act and Rule 10b-5; Section 17(a) of the Securities Act; violation of Section 13(b)(5) of the Exchange Act; and violation of Rule 13b2-1 and 13b2-2 of the Exchange Act. Case related to accounting fraud allegations and involved a huge volume of documents, expert financial analysis, and many discovery depositions. Case involved international witnesses and investigation. Complex pretrial motions were filed, which involved novel issues raised by the defense regarding “oral downloads” and waiver of work product privilege. All fraud claims were dismissed, and case settled for books and records violations.
Representation of individual tipee in insider trading investigation conducted by the Securities and Exchange Commission involving executive of publicly traded company. Declination issued.
Representation of witness subject to subpoena for testimony and subpoena for documents in insider trading investigation conducted by the Securities and Exchange Commission.
Representation of multiple employees living abroad and working at foreign subsidiary of United States publicly traded company, who were witnesses in Foreign Corrupt Practices Act parallel investigations being conducted by both the Department of Justice and the Securities and Exchange Commission.
Representation of dentists before Florida Agency for Health Care Administration regarding civil claims brought under the False Claims Act.
Representation of physician before Florida Department of Health regarding the purchasing of wholesale pharmaceuticals.
Representation of company in funeral business before Florida Department of Financial Services relating to sales of prepaid funeral services.
Representation of company providing speech therapy before Florida Agency for Health Care Administration.