The Law Offices of Daniel J. Hurson provide representation in the following practice areas (click on individual practice area for more information):

• Maryland Office Practice
• Department of Justice (DOJ) Investigations
• Foreign Corrupt Practices Act (FCPA) Investigations
• Officer, Director, Manager and Employee Defense
• Official Misconduct Matters
• Accounting Malpractice Matters
  
• Procurement Fraud, False Claims Act, Government Contracting Matters
• Financial Institutions Fraud
• Health Care Fraud, Food and Drug Administration (FDA) Matters
• Securities Enforcement Defense
• Intellectual Property Crimes
  
• White Collar Criminal Defense
• Environmental Criminal Defense
• Observed Fraud or Misconduct, Retaliation and Government Intervention
  
• General Civil Business Litigation
• Victim and Witness Representation
• Freedom of Information Act (FOIA) Requests and Appeals
  
• Tax Fraud
• Export and Anti-Boycott Violations
• Corporate Internal Investigations and Corporate Monitoring

MARYLAND OFFICE PRACTICE

From my office in the historic district of Annapolis, Maryland, I will continue to undertake litigation matters in the federal and state courts of Maryland.  I will also undertake matters before Maryland administrative boards and agencies.  I will draw upon my experience as a former Assistant United States Attorney for Maryland, and as an Assistant State's Attorney in Maryland.

WHITE COLLAR CRIMINAL DEFENSE

 

Much of Daniel J. Hurson's practice is devoted to “white collar” criminal defense and related civil matters.  Traditionally, this means the defense of federal and state criminal charges involving anything other than traditional “street crime.”  In recent years, the breadth, variety and seriousness of “white collar” crime has expanded radically.  New statutes such as the Foreign Corrupt Practices Act (FCPA) have vastly increased the scope of federal crimes.  Sentences for white collar offenses have become much longer, and many cases which used to involve probation now involve actual jail time.  State prosecutors, such as state attorney generals, have become much more active in this area of the law.  Many laws now require disclosure to the government of the discovery of potential criminal activity-it is not sufficient to wait for the government to discover the issue first.  Even when not required by law, failure to disclose can have serious consequences for business entities if the government eventually finds out about the problem before it is self-reported.  Corporations increasingly assist the government in investigating and prosecuting their own employees and officers. 

 

It is also difficult to predict which cases will draw the attention of the government, which will remain as civil in nature only, and which will draw the full wrath of the powerful weapons the government has at its disposal.  Civil cases can become criminal at the total discretion of the government.  Individuals and business entities are equally at risk.  Recently, activity never previously thought to merit criminal attention has been treated criminally.  The notion that “everybody is doing it” is no defense.  Simply talking to federal officers or even in house investigators or lawyers without counsel can be very risky.  Sentences can approach and even exceed those given for violent crimes if substantial amounts are lost, such as in accounting frauds.  Anyone who gets involved in the criminal investigation process, however tangentially, should seek counsel immediately.  The Hurson Law Firm can provide immediate consultation and representation in these matters.

SECURITIES ENFORCEMENT DEFENSE

 

Daniel J. Hurson represents individuals and business organizations in investigations relating to the securities laws conducted by the Securities and Exchange Commission (SEC),  the Financial Industry Regulatory Authority (FINRA) and the United States Department of Justice (DOJ).  Daniel J. Hurson has served both as an Assistant United States Attorney and as Assistant Chief Litigation Counsel for the SEC in Washington, D.C.  He is familiar with SEC enforcement procedures and policies.  He has tried SEC matters in court, and negotiated matters with SEC staff on behalf of individual clients.  He has represented clients domestically and abroad in insider trading, market manipulation, accounting fraud, FCPA investigations, options backdating, and similar matters.

The reach of the securities laws is broad, and increasingly these matters are treated by the government as both civil and potentially criminal matters.  Daniel J. Hurson has represented individual employees in investigations in which their employer is working closely with the government but has agreed to advance legal fees for its employees.  In any situation in which an individual employee is asked (or ordered) by superiors to discuss a potential SEC or DOJ matter with company counsel or in-house or outside investigators, the attorney-client privilege belongs to the company, not the employee.  The company can (and usually does) tell the government what its employees have told in-house counsel or investigators.  We recommend strongly that before consenting to such interviews, employees ask the company for the opportunity to obtain their own lawyer at company expense, if possible, to give them independent counsel.


OFFICER, DIRECTOR, MANANGER AND EMPLOYEE DEFENSE

Dan Hurson is frequently retained to represent individual officers, directors, managers and employees in corporate internal investigations and government (SEC, DOJ, FINRA) investigations. Mr. Hurson is generally free of the conflicts many large firm lawyers have, and can fashion lower priced fee arrangements, with lower retainers, than can lawyers in larger firms. Mr. Hurson encourages such individuals to contact him as early as possible in the course of such investigations.

DEPARTMENT OF JUSTICE INVESTIGATIONS

 

Daniel J. Hurson represents individuals and businesses being investigated by the United States Department of Justice (DOJ).  Any matter in which an individual or business entity has contact with the DOJ is by definition a serious matter.  Regardless of whether such individuals or entities are told they are or are not the “targets” of any investigation, it is prudent to decline to have any discussions with the DOJ or its agents, such as the FBI, or agree to appear before a grand jury, without first consulting counsel.  It can be a crime to lie to a federal investigator, even in an informal interview, and even when no record is made of the interview, other than the government investigator's notes or recollections.  Criminal cases have even been brought for alleged lies or misstatements made to an internal investigator or in-house lawyer, if such information is provided to the government.

Daniel J. Hurson has experience in representing targets and witnesses before the DOJ and its various divisions and branches.  Often, he represents cooperating witnesses, or corporate officers, directors and employees referred to us as clients by larger law firms representing the company.  Any employee asked to give testimony to an internal investigation or a government agent should seek first to have counsel provided to them by their employer.  As noted elsewhere on this website, company counsel, even one who is well known to and otherwise friendly to the employee, represents the company, not the employee.  Anything said to company counsel is not a privileged conversation as to the employee, and can be provided to the government in its investigation.

ACCOUNTING MALPRACTICE MATTERS

Daniel J. Hurson has represented corporate clients in connection with lawsuits against their former accounting firms.  These cases may arise in the context of a corporate bankruptcy, when a bankruptcy trustee or debtor-in-possession seeks to hold the corporate accountant responsible for audit failures that may have led to the bankruptcy.  In other cases, the lawsuit may involve allegations by a third-party entitled to rely on the auditor's reports who has been damaged as a result of such reliance.  Daniel J. Hurson has brought cases both on contingency arrangements and mixed hourly rate/contingency arrangements.  Contact us today about your accounting malpractice issue.

OFFICIAL MISCONDUCT MATTERS

 

Daniel J. Hurson defends public officials, government employees and related individuals under investigation for alleged official corruption, conflict-of-interest or similar allegations.  During his time as a federal prosecutor, Daniel J. Hurson prosecuted high-ranking public officials, and in private practice has represented them in trials involving alleged bribery, mail and wire fraud, extortion, conflict-of-interest and related allegations.  We also represent career government employees under investigation for alleged misconduct.  We understand the gravity of these allegations when leveled against public officials or government employees.  In such matters, we attempt to act discretely to investigate the charges and attempt to resolve them short of indictment and trial.  However, if need be, we are fully prepared to vigorously contest such charges in court and before a jury.

FOREIGN CORRUPT PRACTICES ACT (FCPA) DEFENSE

 

Daniel J. Hurson represents individuals and businesses being investigated for FCPA violations.  Enforcement efforts by the DOJ and SEC under the FCPA have increased dramatically in recent years.  Between 2006 and 2008, the DOJ brought as many cases as it had in the previous twenty-eight years.  This extremely broad statute is frequently used against individuals and corporations in both foreign bribery and accounting fraud cases.  Foreign governments are also stepping up enforcement activities.  The accounting provisions applying to public companies and their employees are easy to violate but carry severe penalties.

In some case in which we have been involved, the corporation is cooperating with the government and we are retained (sometimes at the request and expense of the corporate employer) to represent individual officers and managers.  FCPA cases are typically investigated both as civil matters at the SEC and as criminal investigations and prosecutions brought by the DOJ.  Any individual or employee who is asked to be interviewed by in-house counsel or the government in connection with such a matter should first consider consulting private counsel.

We are also equipped to conduct internal investigations for smaller firms and businesses who cannot afford typical large firm legal fees for such matters.

PROCUREMENT FRAUD, FALSE CLAIMS ACT MATTERS, AND GOVERNMENT CONTRACTING ISSUES

 

Daniel J. Hurson represents individuals and government contractors under investigation by government agencies regarding allegations of procurement fraud, false claims, and similar matters relating to government contracting.  A recent Justice Department National Procurement Fraud Task Force has given priority to these types of cases, which are increasing in frequency and severity.  With the onset of vastly increased government contracting activity to fulfill the recent financial stimulus law, there will be even closer scrutiny by federal agents of these expenditures.

 

Daniel J. Hurson can also assist clients not under investigation to evaluate the extent of internal investigation and disclosure needed to comply with new federal regulations governing many government contractors.  In December 2008, new federal government regulations were issued, called the “Contractor Code of Business Ethics and Conduct,” which impose strict compliance, internal control, and disclosure obligations on government contractors.  Such firms, including small businesses, can be suspended or debarred for knowing failures to disclose misconduct.  Daniel J. Hurson can review facts and devise due diligence and compliance programs, to counsel government contractors in these situations.  No one should wait until the government begins an investigation to develop and implement internal controls and compliance programs designed to detect potential fraud or similar violations.  For modest fixed fees, we can develop ongoing compliance programs in which we are on call to review ongoing compliance issues.

FINANCIAL INSTITUTIONS FRAUD                    

 

Daniel J. Hurson acts as counsel to institutions and individuals in matters relating to alleged frauds involving banks and other institutions.  These cases can take many forms, and numerous investigations are now being conducted in connection with the subprime and credit crises, including cases involving mortgage fraud, credit card and loan fraud, identity theft, false statements to financial institutions, international currency and financing transactions, and money laundering.  We also handle civil and criminal investigations and administrative actions by the Federal Deposit Insurance Corporation (FDIC) under the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA), as well as matters arising under the Bank Secrecy Act.

HEALTH CARE FRAUD AND FDA MATTERS

 

Daniel J. Hurson will handle cases involving health care laws and regulations, including false claims under Medicare and Medicaid, as well as Food and Drug Administration (FDA) regulatory investigations.  Hospitals, nursing and rehabilitation centers, HMO’s, pharmaceutical companies and their sales representatives, private insurance companies, clinics, medical labs, medical equipment providers, physicians, nurses, therapists, medical assistants and practice groups are all potential targets of the Inspector General of the United States Department of Health and Human Services (HHS), the United States Department of Justice (DOJ) and various state Medicaid Fraud Unit investigations.  Smaller companies are reportedly now being targeted for "quick hits."  Doctors are also now under scrutiny for improper financial relationships with drug companies and device manufacturers.

Such cases have increased markedly in recent years.  The DOJ's Medicare Fraud Strike Force has indicted 192 defendants in Louisiana and Florida for fraudulent Medicare billing, including recent convictions for operating sham clinics in Miami.  Cases are brought under the Medicaid False Claims Statute and Medicaid Anti-Kickback Statute, Health Care fraud statute, the FIDCA, the Prescription Drug Manufacturing Act, Stark referral laws and various Health Insurance Portability and Accountability Act (HIPPA) anti-fraud provisions.  Off-label marketing, pain management clinics and internet pharmacy cases are also brought under the Health Care Fraud and Conspiracy law, misbranding laws, money laundering statutes, the False Claims Act, False Statement Act, and Social Security Act.  HHS can exact heavy sanctions and can exclude providers from Medicare and Medicaid programs.

TAX FRAUD

 

Daniel J. Hurson can represent individuals and entities in criminal tax investigations brought by the Criminal Investigation Division (CID) of the IRS.  Offenses may involve tax evasion, failure of employers to collect taxes or to pay payroll taxes,  failure to file returns, and “tax perjury” (willfully filing false documents), and more recently alleged abusive tax shelters and offshore tax havens.  The so-called “omnibus clause” criminalizes attempts to interfere with the administration of the internal revenue laws through corrupt or forcible acts, such as bribery.  Daniel J. Hurson has experience in criminal tax cases both as a prosecutor and defense lawyer.

 

EXPORT AND ANTI-BOYCOTT VIOLATIONS

 

A federal multi-agency initiative to combat illegal exports of restricted military and dual-use technology from the United States has resulted in criminal charges against more than 255 defendants in the past two fiscal years.  In this age of terrorism, these cases are taken very seriously by the U.S. Government.  More than 500 agents and prosecutors are now at work on export control cases.  These cases are typically investigated by Immigration and Customs Enforcement (ICE), the FBI, the Department of Commerce’s Bureau of Industry and Security (BIS), the Pentagon’s Criminal Defense Investigative Service (DCIS) and other agencies.  Many cases involve exports to China, Iran, or Mexico.  These cases often involve complex statutory and regulatory questions and international issues. Sometimes the goods in question involve technical expertise, software, technical data, or simply items shipped without proper licenses. Some involve the observance of foreign boycotts not recognized by the United States, such as boycotts of certain shipments to Israel.  Jail terms are not uncommon for serious violations, but in some cases voluntary self-disclosure of violations may avoid more serious consequences. In any investigation by these agencies, it is important to have counsel.  Daniel J. Hurson can represent businesses or individuals in these kinds of cases, or assist in making voluntary disclosures.

INTELLECTUAL PROPERTY CRIMES

 

Intellectual property crimes cover a wide range of issues, including online piracy, protection of business trade secrets and actions against counterfeit products that may pose a threat to public health and safety.  Copyright infringement cases may be brought under a variety of provisions in the United States Code.  Some cases are brought under the 1966 Economic Espionage Act (EEA).  Mail and wire fraud statutes are also used.  EEA prison sentences of up to fifteen years are allowed and corporate fines up to $10 million may be levied.  The Justice Department's Computer Crime and Intellectual Property Section (CCIPS) may bring such cases.  Recent legislation provides for forfeiture, destruction and restitution for crimes such as copyright infringement, counterfeit labels and unauthorized recording of motion pictures.  From the victim’s standpoint, to determine if a potential case should be presented to the government for prosecution, care must be taken to weigh the various advantages or disadvantages involved in presenting a case to the government and alternatives at the state level or in private litigation.  Daniel J. Hurson can assist in making such evaluations and in presentation of a case to the government.

 

CORPORATE INTERNAL INVESTIGATIONS AND CORPORATE MONITORING

 

Daniel J. Hurson represents Special Litigation Committees of Boards of Directors and Equity committees and debtors-in-possession in bankruptcy matters, internal investigations and during SEC investigations. These cases can involve internal investigations, review of internal compliance controls and consideration of possible claims against officers, directors, and third-party professionals such as lawyers and accountants.  For example, we recently represented a corporate board special committee investigating whether to bring claims against its accounting and law firms.  The Law Offices of Daniel J. Hurson is also equipped to serve as a corporate monitor in settlements with the SEC or DOJ.  Due to our small size, we typically are free from conflicts and may be able to undertake these assignments for more modest fees than may be required by a large law firm.  We also offer "flat fee" monitoring and compliance programs for medium and smaller firms and businesses.

 

REPRESENTATION OF INDIVIDUALS AND COMPANIES IN MATTERS INVOLVING OBSERVED FRAUD OR MISCONDUCT, RETALIATION, OR THE NEED FOR GOVERNMENT INTERVENTION

 

The Law Offices of Daniel J. Hurson represents individuals who have issues with their employers or others regarding potential fraud, securities law violations, retaliation, and similar issues.  Some, but not all, such individuals might be considered “whistleblowers”.  Some individuals or companies want to bring matters of potential law violations to the attention of the government, but do not know how to do so, or have tried and failed to get the attention of government agencies.  As a small firm, we are often free of conflicts, and appreciate the opportunity to help such individuals pursue their grievances at modest cost, or even under contingency fee arrangements in appropriate cases.


ENVIRONMENTAL CRIMES

Daniel J. Hurson represents individuals and businesses being targeted by federal or state authorities for environmental crimes.  Whether it is a Justice Department investigation or an action being brought by state attorney generals, we can provide the counsel and representation needed to properly defend criminal environmental cases, including matters brought under the Clean Water Act (CWA), the Clean Air Act (CAA), and the Resource Conservation and Recovery Act (RCRA).  With heavy fines and/or jailtime possible in such matters, it is vitally important for individuals and companies to retain counsel when they believe they are the target of a criminal investigation involving environmental matters, or when they receive formal notice that they are a defendant.


FREEDOM OF INFORMATION ACT (FOIA) REQUESTS AND APPEALS

Daniel J. Hurson represents individuals and groups seeking to file FOIA requests with federal and state government agencies and offices.  We can also represent clients in appeals of adverse FOIA decisions.  The FOIA process can become complex, with disclosure exceptions available to the government, and multiple procedural requirements for initial requests and appeals.  In many situations, having counsel can make the entire process less confusing and burdensome.


VICTIM AND WITNESS REPRESENTATION

Victims of crime and witnesses involved in federal or state civil or criminal investigations and cases can benefit from counsel.  Daniel J. Hurson is available to represent individuals in these matters.  We can explain rights available to clients under the federal Victim of Crime Act, the Crime Victims' Rights Act and the Victims' Rights and Restitution Act, among other federal and state statutes.  We can advocate on behalf of a victim or witness in all court documents and proceedings, including efforts to obtain restitution in financial crimes, and how to best respond to a subpoena issued by government officials or private litigants.


GENERAL CIVIL BUSINESS LITIGATION

Daniel J. Hurson is available to represent individuals and business entities in all forms of general civil business litigation.  From contract claims, to business torts, to real estate disputes to deceptive trade practices actions, we can represent our clients' interests in federal or state court proceedings.  Disputes can grow costly and disruptive to everyday business operations.  It is important to retain counsel when these conflicts arise.  We strive to vigorously fight for our client's best interests in all aspects of business litigation, including negotiations, trials and alternative dispute resolution proceedings.