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Email: dfoster@fredlaw.com
Office: 612.492.7110
Assistant: Carol Held, 612.492.7855
White Collar & Regulatory Defense
Internal Investigations
False Claims Act Defense
Foreign Corrupt Practices Act & Anti-Corruption
Health Care Fraud & Compliance
Litigation
Appellate
Food, Drug & Medical Device Regulation
Aging & Disability Providers
Government Contracts & Grants
Corporate Sustainability & Social Responsibility
Dulce co-chairs Fredrikson & Byron’s White Collar & Regulatory Defense Group. With over 18 years of experience representing individuals and business organizations in cases brought by federal and state law enforcement agencies, she understands the unique challenges these cases present. Her practice focuses on criminal and civil regulatory matters involving alleged financial fraud, embezzlement, healthcare fraud, False Claims Act (FCA) violations, Foreign Corrupt Practices Act (FCPA) violations, trade secrets theft, illegal immigration, environmental and other compliance concerns. In the #MeToo era, she has also handled numerous workplace investigations involving allegations of criminal sexual misconduct.
She guides her clients through all stages of their involvement in regulatory and compliance matters: from responding to government subpoenas and search warrants, to conducting internal investigations, reporting crimes to government officials and defending individual and business clients in administrative hearings, criminal and civil trials and appeals.
Dulce investigated reports of major embezzlement at the Town & Country Club in St. Paul by a former employee. She guided club officials and worked with prosecutors to develop criminal claims against the employee, who pleaded guilty in April 2018 to embezzling more than $1 million. Read more here. In 2016, Dulce represented Howard Root, the former CEO of Vascular Solutions, in a landmark federal trial in Texas on felony charges for alleged violations of FDA restrictions against off-label promotion. The month-long trial raised significant questions about the constitutional limits of the FDA’s authority and resulted in a complete acquittal. Read more here.
In addition to investigations and trials, Dulce also works with business clients to help them avoid future problems. She develops compliance plans, leads employee training programs and conducts acquisition due diligence in global transactions with potential corruption risks.
Few situations are as difficult as becoming the target of a criminal investigation. Prosecutors hold most of the cards and the stakes couldn’t be higher. Dulce is a skilled litigator who is not only knowledgeable about the criminal justice system, but an advocate with over 17 years of experience addressing the unique challenges criminal defendants face. She understands that every client is different and listens to each client’s concerns. Dulce has a proven record of success, including:
Dulce has represented many other individuals, companies, and institutions in federal and state matters across a wide range of industries, from minor misdemeanor infractions to serious, complex felonies.
Dulce has experience handling a wide range of civil matters, from garden variety breach of contract cases to complex civil litigation. Her practice focuses on matters involving fraud, trade secrets theft, embezzlement and other regulatory and compliance violations, including:
Dulce co-authored the introductory chapter to the Minnesota CLE guidebook on Handling Internal Investigations. She has guided numerous corporations through internal investigations involving high-risk regulatory and compliance concerns. Her practice includes domestic and cross-border investigations and crosses a wide variety of industry sectors: from life sciences to agriculture, construction, industrial manufacturing and academia. She understands the importance of tailoring an investigation to a client’s size, needs and particular business model, and brings the breadth of her experience with law enforcement agencies to bear in developing investigation strategies. Examples include:
The Foreign Corrupt Practices Act (FCPA) has become a focus of increased concern among companies with global business operations, as the SEC and federal prosecutors have devoted more and more resources towards FCPA enforcement. Dulce is experienced in leading cross-border investigations into possible corruption and addressing the unique data privacy, linguistic and cultural challenges these investigations present. She also assists corporations that are proactively seeking to strengthen their anti-corruption compliance programs to limit enforcement risk, including:
December 10, 2018
The arrest of Meng Wanzhou, one of China’s leading tech executives, highlights the broad reach of U.S. sanctions and the increasing boldness with which the U.S. government is acting to control the conduct of foreign actors. But U.S. companies engaged in global trade should also remain vigilant and take precautions to avoid tripping over the lines.
December 1, 2017
The DOJ has announced a potentially dramatic shift in its enforcement policy with regard to the Foreign Corrupt Practices Act (FCPA), the federal statute that prohibits bribery of foreign officials.
August 9, 2016
Global companies in the United States have an uneasy relationship with the Foreign Corrupt Practices Act. Most recognize that corruption can be damaging to business, but decry the statute as unfair: Because the United States is more aggressive about enforcing its anti-corruption laws than other countries, U.S. companies are more likely to be prosecuted for bribing foreign officials. The FCPA effectively tilts the playing field against us in foreign business transactions. But the global landscape gradually may be changing. Corruption prosecutions outside the U.S. are becoming more common, and many foreign governments have signaled a change in perspective by enacting new and stricter anti-corruption laws.
July 28, 2016
On July 20, a jury in Massachusetts convicted former Acclarent executives William Facteau and Patrick Fabian of 10 misdemeanor counts of misbranding and adulteration based on alleged off-label promotion of the Stratus sinus spacing device. They were acquitted of 14 related felony charges, but they have vowed to fight the misdemeanor convictions in future motions and appeals. The Facteau verdict contrasts with the clean sweep obtained by Vascular Solutions and its CEO, Howard Root, last February, when a Texas jury acquitted them of all counts of misbranding and conspiracy for allegedly promoting the Vari-Lase varicose vein device off-label. The two cases are different in significant respects, which may account for the disparate results. But they also bear many similarities, which provide a road map for medical device and pharma manufacturers to future off-label prosecutions in the wake of recent First Amendment precedents.
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