Robert L. Folks & Associates, LLP is a Long Island based firm with a metropolitan area wide practice.The firm brings to the table an array of investigative, forensic, legal and law enforcement skills.Partners Robert L. Folks and Cynthia A. Kouril have extensive public sector and prosecutorial experience at both the municipal and federal level and maintain a network of professional relationships with law enforcement agencies at all levels.
The firm offers its services to corporate clients and provides services to corporate directors.These services include independent investigations, corporate compliance programs, organizational monitorships and independent private sector inspector general services.The firm regularly represents municipal and county governments and their agencies.
Mr. Folks served as both a state and federal prosecutor for over fifteen years as an Assistant District Attorney in SuffolkCounty and as an Assistant United States Attorney for the Southern District of New York under Rudolph Guiliani.He has successfully represented large municipalities and public corporations and litigated a variety of complex litigations for the past eighteen years.Mr. Folks, a former Dean of the Suffolk County Bar Association Academy of Law, has had extensive litigation experience and has represented and continues to represent hospitals and municipalities, including SuffolkCounty.Moreover, for the past twelve years Mr. Folks has represented SuffolkCounty in a variety of civil rights and other claims.His experience with municipalities is enhanced by virtue of his experience as Deputy County Attorney under then County Executive Peter Fox Cohalan.A portion of his responsibilities included the investigation of the Southwest Sewer District.Most recently, Mr. Folks has been co-counsel with two national firms in a matter which involved a complex environmental and regulatory matter for a major United States corporation.Mr. Folks has also investigated, litigated and participated in a remediation of nuclear material and other biohazards.He was also a consultant to Lilco on the Shoreham litigation which involved the sale of the nuclear power plant to Long Island Power Authority.
Mr. Folks recently referred a matter for prosecution resulting from an investigation on behalf of the Southampton Public Schools.He also recently completed an investigation on behalf of the North Babylon School Board.
Ms. Kouril, a former Special Assistant United States Attorney in the Southern District of New York under several different U.S. Attorneys, former counsel to the Inspector General for the N.Y.C.Department of Environmental Protection where she investigated threats to the New York City water supply and other environmental crimes, as well as public corruption and fraud against the government, and former Examining Attorney at the N.Y.C. Department of Investigation, authored the policy document for the County of Nassau proposing the establishment of a new Department of Investigation to combat waste, fraud and abuse and outlining how such a department could be built from scratch.That proposal has been adopted and the plan has begun to be put into effect.Prior to the appointment of the new Nassau County Commissioner of Investigations, Ms. Kouril on behalf of the firm and aided by NGH Associates, conducted two investigations for NassauCounty on an IPSIG (Independent Private Sector Inspector General) basis.One of those investigations resulted in a criminal referral to the FBI. The other, a background investigation into a firm and its principals proposing to do business with the County that would involve significant investment of County resources, uncovered evidence of prior failures of similar projects by this vendor, an unfavorable litigation history and questionable financial and business practices.Upon reviewing the information uncovered, the County abandoned the proposal.
The firm has recently completed a large scale Medicaid fraud investigation on behalf of another local government which resulted in a referral to the United States Attorney’s Office.Currently, the firm is pursuing the recovery of funds embezzled from a company by a manager of one of its overseas subsidiaries.
In addition to complex corporate and commercial litigation representation, Robert L. Folks & Associates, LLP offers the following specialized services to municipal and corporate clients:
Independent Investigations:When charges of wrongdoing emanate from audit results, a whistleblower or as a consequence of a routine government review, top management and the board of directors need to learn all the facts about the matter.Complete and accurate information is a critical tool that will allow management to respond to external investigations, rebut false charges, maintain investor and public confidence and make informed decisions.Institution of an independent investigation also transforms the corporation’s posture from defensive to proactive by allowing the corporation to uncover the truth itself and demonstrate that it will take prompt action to resolve its own problems without the need for government intervention.
Monitorships and IPSIG Services:In some instances, such as contracting with government agencies or as a result of criminal prosecution or consent decree, the contractor or corporate target is required to engage the services of an independent private sector inspector general (IPSIG) or monitor to assess the company’s compliance with relevant laws and regulations and to deter, detect and report on illegal or unethical conduct on the part of corporate officers and employees, contractors, suppliers and agents.
IPSIG Services Directly to Government Entities:From time to time, government entities require outside IPSIG services to provide investigation, audit or legal services, either because of a conflict of interest, to augment the government entities limited staff, or because specialized expertise is required for a discrete project.Retaining IPSIG services directly allows the governmental entity the flexibility of optional staff on an as needed basis without commitment to a permanent increase in head count.
Services for Corporate Directors:Pursuant to the Sarbanes-Oxley Act, corporate boards or committees thereof are required to seek independent advice regarding their company’s compliance with the law.Proposed regulations of both the New York Stock Exchange and NASDAQ indicate that directors must have the authority to engage and fund independent counsel and other advisors necessary to provide them with information and advice sufficient to enable them to exercise independent review over proposed corporate actions rather than unquestioningly ratifying the recommendations made by management.
Corporate Compliance Programs:The firm helps corporate clients to develop, implement and improve corporate compliance which are increasingly required by recently enacted laws, regulations and government policies.Current case law and the recently enacted Sarbanes-Oxley Act raise the very real possibility that directors may face personal liability for failing to require that their corporations implement compliance programs.The existence of a meaningful compliance program can provide the basis for the Department of Justice declining to prosecute the corporation itself in the face of employee wrongdoing.
To provide the entire spectrum of legal auditing and investigative services as they may be needed, we have assembled a team of investigators, forensic accountants and related technical experts.These services are available through the firm’s strategic alliances with Investigative Management Group, Holtz Rubenstein Reminick LLP, NGH Associates and Global Digital Forensics.