White Collar Defense
White collar investigations move differently than street-crime cases. The government often has months or years of document review, grand jury testimony, and agent interviews before the target even knows they are under investigation. Early, experienced counsel changes the outcome.
Regulatory & Agency Defense
Before it becomes criminal
Many federal white collar cases begin as civil or regulatory inquiries. An SEC investigation, an IRS audit, a CMS billing review — each can escalate into a criminal referral. The line between civil and criminal liability is thinner than most clients realize.
John Kirby's experience on both sides of federal investigations means he can:
- Identify when a regulatory inquiry is likely to go criminal
- Engage with agency attorneys before a referral to the U.S. Attorney's Office
- Structure voluntary disclosures to minimize criminal exposure
- Coordinate civil and criminal defense strategy across multiple fronts
Fraud & Financial Crimes
Evidence-heavy, intent-driven
Federal fraud prosecutions — securities fraud, healthcare fraud, bank fraud, wire fraud, mail fraud — turn on two things: documents and intent. The government will have the documents. What they rarely have is a clear picture of intent.
- Securities fraud — insider trading, 10b-5, SEC parallel proceedings
- Healthcare fraud — False Claims Act, Medicare/Medicaid billing, kickback allegations
- Bank & wire fraud — financial institution fraud, mortgage fraud, honest services
- Public corruption — bribery, honest services fraud, 18 USC 201 and 666
Every fraud charge requires proof of specific intent. Challenging the government's theory of intent — through documents, witness testimony, and expert analysis — is often the difference between conviction and acquittal.
Work directly with a former federal prosecutor.
No associates. No junior partners. You get John D. Kirby on your case from day one.
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