Reflective of its innovative and value-based approach to client representation, Faruki, through the creation of its Corporate Victim Representation practice, has effectively pioneered a new sub-practice within the traditional white collar area.
Faruki interweaves the criminal and civil laws to secure monetary recoveries for corporate clients who have suffered loss as a result of the criminal actions of others (employees, agents, competitors, etc.). While the process is novel, creative, and complex, the goal is remarkably straight-forward: to secure significant monetary recoveries on behalf of clients through expert use of the federal and state criminal laws and their corresponding restitutive components, thereby avoiding the significant risk and often astronomical cost of the alternative, civil litigation.
At its core, Faruki’s Corporate Victim practice group approach is grounded in the criminal restitution laws. While these laws have existed for decades, most civil practitioners – those to whom most clients turn to seek monetary recovery when they have been illegally or tortuously harmed – are not familiar with these laws or, to the extent they are, lack the background, relationships, and know-how to make use of them. This is not surprising, given that in many respects the criminal restitution laws are the enemy of the civil practitioner; after all, the very point of the restitution laws is to allow victims, including corporate victims, to be made whole without being forced to resort to the risk, headaches, and expense of civil litigation. Appropriately utilized, however, these restitution laws provide a tremendous opportunity for corporate victims, insofar as they obligate federal and state prosecutors to pursue restitution on behalf of victims. In other words, the restitution laws obligate federal prosecutors and investigative agents to do in many cases what a corporate victim would otherwise have to do (at great expense) – hire private counsel to pursue a monetary recovery so as to make the client whole.
A primary reason why the restitution laws have been historically underutilized and largely ignored is because, while federal and state prosecuting authorities are empowered and often obligated to seek restitution on behalf of victims, they have little incentive to. This is so because, quite simply, primary focus is understandably given to the criminal side. Criminal prosecutors are traditionally judged on number of convictions, length of sentencing, etc. – not their ability to recover funds on behalf of victims. This is particularly the case when the victim is a nameless, faceless, and often profitable corporation. The lack of victim focus can be overcome, however, if corporate victims are able to interface with prosecutors and investigative agents in the appropriate manner. This requires counsel possessed of two critical qualifications: (1) knowledge of the restitution laws, and (2) credibility with the prosecutors and investigative agents.
Faruki has been able to secure large recoveries for clients at minimal expense precisely because its attorneys are uniquely possessed of these two critical qualifications. Ben Dusing, white collar practice group leader and former white collar federal prosecutor, studied and successfully utilized the restitutions laws over his five-year career as a Assistant United States Attorney, helping to secure significant restitution judgments on behalf of corporate and individual victims of white collar crime. In other words, Mr. Dusing knows the restitution laws because he has successfully used them. Mr. Dusing also brings unparalleled credibility to the table. Having worked on major investigations and prosecutions with members of the Federal Bureau of Investigation, the United States Secret Service, IRS-Criminal Investigation Division, and the United States Postal Inspection Service, among others, Mr. Dusing is a person these prosecutors and investigators know and trust, and with whom they are happy to work. Significantly, Mr. Dusing knows what is important to these prosecuting and investigative authorities, and therefore knows how to align authorities’ incentives with those of his clients. Mr. Dusing’s credibility with law enforcement is reflected by the numerous honors bestowed upon him during his career as a federal prosecutor.
Such awards include:
IRS Award, presented in recognition of Mr. Dusing’s support and leadership in the formation of the Title 31 Financial Crimes Task Force in the Eastern District of Kentucky (August 2010).
IRS Award, in recognition of Mr. Dusing’s outstanding assistance and support to the law enforcement responsibilities of the Internal Revenue Service – Criminal Investigation Division (August 2009).
IRS Award, presented in recognition for Mr. Dusing’s outstanding assistance and support to the law enforcement responsibilities of the Internal Revenue Service – Criminal Investigation Division, Nashville Field Office (2009).
United States Postal Inspection Service Award, presented in recognition of Mr. Dusing’s contributions to the U.S. Postal Inspection Service, Cincinnati, Ohio Field Office (2009).
United States Postal Inspection Service Award, presented in recognition of Mr. Dusing’s outstanding service and dedication in successfully prosecuting criminal RICO action investigated by USPIS (2009).