The Gibbons Criminal Defense Department is widely recognized as one of the best in the region. Department members, who include several former Assistant U.S. Attorneys, rely on a wealth of both prosecutorial and defense experience in defending the interests and rights of companies and individuals, including foreign governments, multi-national and domestic corporations, business executives, and medical, legal, and accounting professionals, in a wide variety of criminal, quasi-criminal, civil, administrative, and regulatory matters, many international in scope, at all levels of the federal and state judicial systems. The Department is often able to avert criminal proceedings by conducting comprehensive internal audits and investigations or developing corporate compliance programs beforehand, and by aggressively advocating for clients before the relevant law enforcement or regulatory agencies. Gibbons attorneys have also had substantial success investigating and referring for prosecution matters in which clients have been victimized by, or otherwise had an interest in, the wrongful actions of third parties, and in monitoring the ensuing public investigations or prosecutions on clients’ behalf. When criminal or administrative charges have been filed against a client of the firm, Gibbons has successfully represented those clients for purposes of grand jury and other subpoena compliance, through pretrial proceedings, at trial, and, when necessary, for sentencing and on appeal.
While our experienced trial lawyers are known for their trial experience and are certainly not afraid to go to trial, they often use that leverage for clients’ benefit, and do not reflexively accede to prosecutors’ or regulators’ demands, understanding the inherent value to clients of avoiding the criminal process – and its inherent uncertainties – to the greatest extent possible and to obtaining closure as quickly as possible. Thanks to our recruitment focus on judicial clerks, our Criminal Defense attorneys are exceptional researchers and brief writers who never rely on boilerplate but explore and, ultimately, make creative legal arguments (in pre-indictment, trial, and especially appellate contexts), often yielding outstanding results. The Firm has investigated and defended against allegations of business, accounting, securities, bank, insurance, tax, healthcare, and government contract fraud, and has been involved in many high-profile investigations and prosecutions of alleged political and union corruption, at home and abroad. Other areas in which the department is active include:
- Antitrust/Bid Rigging
- Violations of:
- Federal Election Campaign Act
- Arms Export Control Act
- USA PATRIOT Act
- State and federal RICO statutes
- Cable piracy
- Environmental enforcement
- Regulatory offenses arising under the jurisdictions of:
- Securities and Exchange Commission
- Federal Election Commission
- Food and Drug Administration
- Federal Aviation Administration
- Department of Defense
- United States Customs Service
In addition, our attorneys regularly represent medical, legal, accounting, and other professionals in matters pending before professional licensing boards, as well as public sector employees in disciplinary proceedings brought by government agencies.
Post-Conviction and Appellate
Internal, Regulatory, and Audit Committee Investigations
As one would expect from a firm headed by John J. Gibbons, former Chief Judge of the United States Court of Appeals for the Third Circuit and one of the nation’s preeminent attorneys, the firm is often retained to represent the interests of convicted or otherwise sanctioned companies and individuals through all stages of the federal and state post-conviction and appellate processes, including sentencing. The firm has an extremely active practice in many of the federal circuits, especially the Third Circuit, where Gibbons attorneys have prevailed in a number of cutting-edge appeals, covering such areas as abatement of conviction; expert testimony; voluntary waiver of death penalty appeal; forfeiture; double jeopardy; sentencing guidelines and many others. The firm is also among the premier appellate practitioners in the New Jersey Supreme Court and the Superior Court of New Jersey, Appellate Division, where Gibbons attorneys have argued and won scores of precedent-setting appeals, in numerous areas of criminal law and procedure, including searches and seizure, eyewitness identification evidence, the admissibility of confessions, the rules of evidence, discovery, the scope of numerous statutes, juvenile rights, the protection of battered and pregnant women, public office forfeiture, and the death penalty. Our civil appellate practice, covering such subject matters as the First Amendment, corporate oppression, immigration, freedom of information, and gay and lesbian rights, has also yielded extraordinary victories, and great accolades inside and outside the legal community., Finally, we have recently become increasingly involved in U.S. Supreme Court litigation both as amici curiae in important criminal cases and as counsel of record.
Comprising experienced defense attorneys and former government attorneys from various investigative agencies – including the Securities and Exchange Commission (SEC), United States Attorneys offices, and various other prosecutors’ offices – our practice represents corporations and individuals in connection with both civil and criminal investigations and enforcement proceedings, brought by the U.S. Department of Justice; the Attorneys General of New Jersey, New York, and other states; and such agencies as the SEC, Financial Industry Regulatory Authority (FINRA), and Federal Trade Commission (FTC), among many others. We have handled significant investigations on behalf of Fortune 100 companies, pharmaceutical companies, telecommunications and financial services firms, government contractors, and nonprofits, among many others. Gibbons offers a multi-disciplined and client-oriented approach to internal investigations that seeks to ferret out the truth without unduly burdening the corporate entity, ultimately seeking to bring to justice those who may have committed corporate wrongdoing, as well as recommending internal reforms aimed at preventing future defalcations or compliance problems.