Parallel Civil and Criminal Cases
In addition to possible criminal penalties, clients may face civil actions, from the government and lawsuits filed by the purported victims of an alleged crime. Federal agencies (i.e., the SEC, FTC, CFTC, etc.) often begin with civil investigations that become the basis for criminal charges.
Legal matters that involve simultaneous criminal and civil cases are complex and require special care. These separate, but related, cases are not “played” by the same set of rules, do not have the same timetable, and may not even be filed in the same court.
On occasion companies involved in civil litigation will sue, after a criminal case has been filed or completed, in order to leverage a better result in civil court. At Mallett & Saper we strive to protect our clients by anticipating the possibility of civil litigation from the start.
As a result of criminal investigations, federal and state authorities often seek the forfeiture of money and property that they claim to be the proceeds of illegal activity. Mallett & Saper specializes in seeking the return of assets that have nothing to do with criminal activity and have been illegally seized.
Whistleblower (“Qui Tam”) suits:
There are federal and state laws allowing private lawsuits against wrongdoers when the government is the victim of fraud. The federal “qui tam” statute specifically provides that the first party to report fraud against the government shall receive a share of any recovery, but only if the “whistleblower” is not convicted of criminal involvement on the fraud.
1996-2004, Ed Mallett was on a team that received a portion of the $1.9 billion repaid to the government by Colombia Healthcare in 2004. Our client, an innocent victim of healthcare fraud, was never charged with a crime.