White Collar Law

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Mr. Griscti represents clients in the ever-expanding area of white collar law. The term “white collar” denotes, usually, financial cases involving business and public entities and individuals, including professionals. He works closely with his clients to respond to regulatory or investigative inquiries, conduct necessary internal investigations, advise management regarding effective compliance programs, and communicate with government authorities. He has experience in large electronic and paper documentation retrieval, and production and privilege protection, which are often involved in response to subpoenas, “civil investigative demands,” or other formal requests for production of information. The goal of such white collar legal assistance is to favorably resolve regulatory inquiries or formal government investigations and, if necessary, efficiently and effectively defend civil or criminal enforcement in trial and/or appellate proceedings.


White collar law also involves representation of clients who are the victims of criminal acts. Examples include victims of embezzlement and other financial crimes. The goal of this advocacy is to obtain remedies through the civil court system, as well as through financial penalty judgments in criminal cases. These matters require experienced counsel. Mr. Griscti has represented individual and entity victims in federal and state civil cases and has worked with numerous law enforcement authorities locally to nationally to accomplish similar remedies in the country’s criminal justice systems. 


Mr. Griscti's career work in this practice area includes cases involving:


Antitrust — Criminal and civil antitrust investigations, including the shipping and transportation industries.


Appeals — Mr. Griscti has practiced before national and Florida appeals courts, including the Florida Supreme Court, the Eleventh and Fifth United States Circuit Courts of Appeal, and the Florida Courts of Appeal. He is a member of the Bar of the United States Supreme Court.


Asset Forfeiture and Other Financial Penalties — Asset forfeiture and seizure, and the imposition of substantial restitution, fine and other financial penalties, have become a primary tool of investigators and prosecutors in criminal, civil and administrative cases. Mr. Griscti represents individuals and companies in federal and Florida courts in asset forfeiture and financial penalty proceedings, including claimants to recover assets seized because of others’ misconduct. Experienced advocacy is required to obtain the return of real and personal properties from government authorities.


Bribery, Conflicts of Interest — These typically federal matters include representation of public and private individuals and entities in a variety of federal and state investigations.


Compliance — Compliance and integrity programs are required of many businesses and professionals by federal and state law. Such programs can help deter and, if necessary, timely report misconduct to appropriate law enforcement or regulatory officials. By doing so, a company and individuals often can also avoid investigative scrutiny and liability.


Controlled Substances Laws — Extensive and ever-changing laws regarding controlled substances have long been a primary arena of federal and state law enforcement and regulatory officials, including regulatory, civil or criminal investigations regarding the prescription or distribution of pharmaceuticals in the health care industry.


Conspiracy — This widely used theory of investigation and prosecution requires pretrial and trial experience. Mr. Griscti has litigated complex conspiracy cases to favorable settlement or, if necessary, trial and jury verdict.


Elections and Public Officials — Mr. Griscti’s representation has included elected officials and constituent witnesses in campaign contribution and other public official investigations. He also has participated in voting rights litigation. 


Environmental Enforcement — Criminal, civil and administrative investigations and proceedings are more commonplace today under the federal Clean Water Act (CWA), Endangered Species Act (ESA), and Environmental Protection Act (EPA), as well as state law counterparts. Clients have included private and also public employees, entities and agencies.


Export Control Laws — Entities with international operations and/or sales, and the companies that work with them, operate in a regulatory environment that is self-regulated with regard to export controls, yet subject to stiff penalties when violations go unreported. The number of export investigations and prosecutions has grown nationwide under the Foreign Export Control Act and affects many domestic entities and individuals, including academic and spinoff “start-up” innovation businesses. 


False Statement and Perjury — Government or private funding requires an application, usually made under penalty of perjury, that subjects the applicant to scrutiny by federal or state authorities for false statements. The conduct of a business or individual under investigation may be closely examined by authorities for accuracy. Mr. Griscti consults represents individuals and entities to help avoid liability or even the appearance of misconduct.


False Claim Act and Related Whistleblower Litigation — The False Claim Act, known as the “Lincoln Law” because of its original passage by the Lincoln Administration during the Civil War period, this federal criminal and civil statute has been re-deployed in recent years by the federal government in often complex fraud cases. Florida and other jurisdictions have followed suit and use these powerful laws in criminal, civil and administrative proceedings alleging false claims. False claims investigations often are initiated by employees or third parties with knowledge of questionable practices of a business entity or professional. Potential civil financial and criminal penalties are very serious.


Foreign Corrupt Practices Act (FCPA) — Generally considered an international practice area, “FCPA” issues often arise for domestic entities and individuals that conduct commerce overseas. Effective programs should be implemented by clients to help ensure compliance with these laws. Mr. Griscti has practiced in this area of law since the “FCPA” became a popular tool of federal prosecutors in the 1990’s.


Fraud — Generally, fraud-based investigations are the staple of federal and state criminal law enforcement of corporate entities and their principals and employees in recent decades. Mr. Griscti has successfully defended fraud allegations, including through jury trials, in a broad variety of industries and cases, including businesses and individuals in the financial industry sector; contracting with public entities; agriculture; insurance; real estate transactions; and others.


Healthcare Fraud — This fast-growing sector of Government investigation and enforcement, federal and state, includes Medicare, Medicaid and Tricare investigations and cases involving private and public sector hospitals and physician practices; direct and ancillary healthcare services, such as durable medical goods; pharmaceutical services; the nursing home industry; and other healthcare entities and professionals.


International Sanctions — Increasingly an enforcement mechanism against domestic and foreign national individuals and entities, this area of practice is unique. It crosses borders but affects domestic and foreign individuals and entities, in, for example, technology and energy sectors. Mr. Griscti is versed in and has practiced in this area of white collar law, both with domestic and foreign clients. Economic sanctions have long been used by the United States, but not with the frequency and intensity as in the current international political and economic climate. Sanctions significantly affect not just foreign but also domestic business interests. They must be taken seriously today as a part of a domestic and foreign entity or individual’s due diligence and compliance.


Money Laundering, Structuring and Related Financial Offenses — “Money laundering,” once reserved for specific categories of criminal investigations, now is broadly defined in both the federal and Florida courts. Mr. Griscti has experience in these investigations and cases, as well with financial “structuring,” currency and suspicious activity reporting; virtual currencies; and other criminal, civil and regulatory investigations of financial activities.


Professional Licensing and Career — Professional and business licenses, livelihoods and careers are often affected by government investigations and enforcement actions. Mr. Griscti regularly assists clients in licensing and disciplinary proceedings, including before the Florida Bar, the Florida Boards of Medicine, Nursing, Accountancy, Veterinary Medicine, and other professional and business licensing agencies in Florida.


Records Expungement, Sealing and “Collateral Consequences” — This area of practice has been long in development in the Florida and Federal forums and includes records expungement and sealing; collection of criminal financial penalties; licensing consequences; employment complications; and other “collateral” consequences of criminal, civil and regulatory investigation and enforcement actions. Mr. Griscti has experience in these important related areas since he began his own practice of law in 1982.


“RICO” and Schemes to Defraud — These kinds of investigations also are commonly used action in federal and state criminal and civil cases. Mr. Griscti has successfully handled such matters at both the investigative and litigation stages of enforcement.


Victim’s Rights — Often, clients are the victims of criminal conduct, most often of financial crimes. Mr. Griscti provides a career of representation in navigating the rights of victims in both the federal and state judicial systems. The goal of this representation is to aid law enforcement in proving not only the extent of financial harm to the client, but also in recovering those losses through judicial imposition of criminal financial penalties such as restitution, and in the recovery of properties seized from innocent third parties by federal and state, as well as foreign, law enforcement officials.