Wes J. Camden

THE CASES MENTIONED BELOW ARE ILLUSTRATIVE OF THE MATTERS HANDLED BY MR. CAMDEN. CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. NOT ALL CASE RESULTS ARE MENTIONED BELOW. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
 

Investigations and Compliance Matters
Wes routinely helps executives and companies with conducting internal investigations, assisting with subpoena compliance and interfacing with various state and federal regulators to address compliance concerns. Listed below are examples of matters he has handled in the past:

• Conducted an internal investigation into potential insider trading and Reg FD violations for a publicly traded biopharmaceutical company. Reported findings to board of directors along with recommendations for updating control measures. Drafted new Code of Conduct and Ethics and Audit Committee Charter to facilitate future compliance with securities laws.
• Represented publicly traded multinational software company in investigation of employee embezzlement. Identified over $100,000 of that had been misappropriated by former employee and negotiated return of stolen funds. Coordinated closely with general counsel to develop strategy for responding to embezzlement while ensuring compliance with all reporting obligations.
• Conducted an internal investigation into potential violations of the Foreign Corrupt Practices Act on behalf of a multinational privately held manufacturing company.  Identified weaknesses in compliance programs and addressed those weaknesses by drafting FCPA Compliance Program and conducting training of key personnel.
• Worked with multinational publicly traded tobacco distributor to develop compliance and response policies, including protocol for responding to the execution of a search warrant at the company.
• Represented pharmacy chain in response to joint state-federal investigation into potential violations of the False Claims Act. Conducted internal investigation into client’s potential exposure and negotiated favorable resolution to investigation.
• Represented an employee of a publicly traded multinational biotechnology company in connection with responding to an investigation by the SEC into potential insider trading issues. Coordinated production of documents and represented client through interview process, resulting in declination letter as to client.
• Represented an employee in connection with responding to an investigation by the Department of Justice and the SEC into potential Foreign Corrupt Practices Act violations by a publicly traded multinational corporation. Coordinated production of documents and represented client through interview process.
• Represented employees and executives of a Fortune 500 manufacturing company responding to a multi-jurisdictional federal investigation into potential violations of federal environmental laws. Worked closely with outside counsel for the company in preparing clients to respond to subpoenas for documents and testimony.

Litigation Matters
In addition to investigations and compliance work, Wes has extensive experience responding to enforcement proceedings. He routinely represents clients before regulators and enforcement agencies and has appeared on behalf of several clients at trial. Below is a sample of enforcement proceedings he has been involved with in the past:

• Represented former community bank executive charged by the U.S. Attorney’s Office for the Middle District of North Carolina with 27 counts of bank fraud, misappropriation of bank funds and money laundering, as well as conspiracy to commit those offenses.  Client acquitted on all counts at the conclusion of a month-long jury trial.
• Represented small business owner in connection with charges of mail fraud, money laundering, theft of government property, and obstruction of a federal forfeiture proceeding.  As a result of extensive pretrial litigation, theft of government property charge was dismissed prior to trial.  Client was subsequently acquitted on all counts at trial after less than two hours of jury deliberation.
• Represented client at trial in what is believed to be the very first computer hacking prosecution in the United States District Court for the Eastern District of North Carolina under 18 U.S.C. § 1030(a)(5)(A), the most serious violation possible under the federal Computer Fraud and Abuse Act. Jury was unable to reach a verdict at the conclusion of trial. Client subsequently accepted responsibility for alleged offenses and received a sentence that was a downward variance from the range recommended by the Federal Sentencing Guidelines.
• Represented large-scale poultry producer at trial in federal prosecution by the Department of Justice Environment and Natural Resources Division for violations of the Clean Water Act for failing to comply with municipal ordinance regarding wastewater pretreatment. After trial, client was acquitted of multiple counts, and for the counts of conviction, was sentenced to pay a fine in an amount which was less than 10% of the government’s final settlement demand.
• Represented former employee of a publicly traded semiconductor manufacturer in federal criminal prosecution in the Middle District of North Carolina for theft of trade secrets. After conducting extensive pretrial litigation, client accepted responsibility for alleged offense and received a sentence that was a substantial downward variance from the range recommended by the Federal Sentencing Guidelines.
• Represented client in responding to prosecution for fraud scheme involving diversion of corporate marketing funds. After multiple vigorously contested sentencing proceedings, the court sentenced the client to 18 months, with a recommendation for immediate designation to a halfway house. This sentence was a substantial downward variance from the range recommended by the Federal Sentencing Guidelines and well below the sentence sought by the government.
• Represented attorney accused of bank fraud in connection with real estate transactions.  Negotiated resolution that limited client’s exposure, and the client received a sentence that was a substantial downward variance from the range recommended by the Federal Sentencing Guidelines.
• Represented community bank in connection with forfeiture proceedings arising from prosecution of former bank customer. Negotiated the recovery of over $3 million in loan collateral that had been seized as a part of the federal investigation.
• Negotiated a civil, rather than criminal, resolution on behalf of a client accused of submitting false information in connection with a federal contract regarding air quality testing conducted pursuant to the Clean Air Act.
• Represented owner of privately held construction site development company in response to federal investigation into potential violations of the Clean Water Act. The U.S. Attorney’s Office ultimately declined prosecution.
• Represented client in post-conviction proceedings in which he sought to have his money laundering conviction vacated based on the Supreme Court’s decision in United States v. Santos. The District Court granted the requested relief, modified the client’s sentence to time served and reduced his restitution judgment to nothing.