Mr. Griscti represents clients in the ever-expanding area of white collar law. The term “white collar law” includes consultation and, if necessary, litigation representation of entities and/or individual clients with Federal, state, local or international agencies and tribunals. White collar law includes criminal, civil, and administrative regulatory enforcement. These matters often are complex in scope and subject matter and require experienced counsel.
Mr. Griscti's firm works closely with clients to respond to such enforcement actions through thorough factual review and fact-specific legal research, conducting internal investigations if necessary and providing consultation regarding compliance programs. The objective is to effectively communicate with government authorities, avoid imposition of enforcement penalties, and if necessary defend the client in enforcement litigation.
The goal of such white collar defense is to favorably resolve regulatory inquiries or formal government investigations and, if necessary, efficiently and effectively defend criminal, civil, or administrative enforcement in trial and/or appellate litigation.
Mr. Griscti has experience in large electronic and paper documentation retrieval and production, which often involves protecting privileged information in response to subpoenas, “civil investigative demands,” or other formal requests for production of information.
White collar litigation, especially in federal forums, requires experience with enforcement of international laws, treaties or sanctions. The "Foreign Corrupt Practice Act," the "Foreign Export Control Act," and similar laws of the United States, as well as similar laws of other countries, necessarily requires familiarity with litigation of such issues in domestic and foreign jurisdictions. Mr. Griscti has significant experience in this global practice area.
White collar law also involves assisting clients who are the victims of criminal acts. Examples include victims of embezzlement and other financial crimes. The goal of this advocacy and, if necessary, litigation, is to obtain remedies through the civil court system, as well as through financial penalty judgments in criminal or civil cases.
Economic sanctions on foreign countries, entities, and individuals are increasingly used by the United States and other countries to further national security, foreign policy, or economic objectives. Though economic sanctions are primarily directed at overseas actors, they have serious implications for domestic individuals and entities who operate within the global community. Entrepreneurs, institutions, and academics involved with the international exchange of goods, services, and technology are at risk of violating an economic sanction, which could result in serious consequences.
Mr. Griscti's firm necessarily encounters sanctions issues in the innovation and technology sectors of private businesses that surround a primary state University, as well as "on campus" in collegiate departments that necessarily exchange technology and research with their global counterparts and colleagues.
Economic sanctions imposed by the Office of Foreign Assets Control (OFAC) operate under a complex interaction between domestic and international regulations and foreign policy developments. OFAC, the Department of Commerce, and the Department of State maintain lists of entities, including institutions and universities, with whom interaction is prohibited. Effective compliance with economic sanctions requires actors to anticipate, have knowledge of, and comply with OFAC regulations in all transactions and communications with foreign entities.
Compliance can be a challenge for any person or business who operates globally. Mr. Griscti advises clients at local, national, and international levels on the subtleties and scope of the ever-changing United States sanctions regulations.
OFAC investigates and enforces violations of economic sanctions regulations. Mr. Griscti works closely with clients to make voluntary disclosures when necessary to mitigate harm caused by potential violations and, if necessary, effectively navigate civil enforcement proceedings and settlement negotiations.
If notified by OFAC of a knowing or willful regulatory violation, the Department of Justice may impose a range of criminal sanctions. Violators may be subject to substantial monetary fines and face imprisonment. Individuals in violation of economic sanctions on behalf of an institution or business risk termination and tainted careers. Criminal sanctions litigation requires familiarity with litigation of such issues in domestic and foreign jurisdictions.