Q&A With Carlton Fields' Kevin Napper

by Carlton Fields

Originally Published in Law360, New York - May 10, 2013.

Kevin NapperKevin J. Napper is a shareholder in Carlton Fields' Tampa, Fla., office. He has practiced in the areas of white collar criminal defense, governmental investigations, internal investigations, and complex civil trial law for more than 28 years. He represents public companies and executives in Foreign Corrupt Practices Act investigations involving allegations of kickbacks and bribery to government officials in developing countries and has conducted internal investigations for public and private companies involving allegations of financial mismanagement, theft, fraud, and other violations of criminal law. He has also represented executives of public and private companies in grand jury investigations conducted by the U.S. Department of Justice.

Q: What is the most challenging case you have worked on and what made it challenging?

A: I represented the controller of a public company who was one of 10 executives of the company who were indicted for what was essentially alleged as a scheme to cook the books to meet Wall Street expectations. The entire E-suite was indicted, including the CEO, chief operating officer, chief financial officer, general counsel, etc. The government’s two cooperators were also executives in the company, including the assistant corporate controller, who reported to my client.

There were many challenges in the case, both legal and personality, but perhaps the most challenging was keeping 10 individuals with different agendas, egos and legal exposure, and their legal teams — and their different personalities, egos and agendas — all moving forward towards a common goal: acquittal or other successful resolution of the case.

After eight years, the matter was successfully resolved as to all of the 10 indicted individuals. This was a complex but highly successful example of different law firms, lawyers, and clients working together under extreme stress and sometimes difficult circumstances to successfully resolve a very difficult legal matter.

Q: What aspects of your practice area are in need of reform and why?

A: The United States Department of Justice’s obligations to provide exculpatory and/or other discovery information under Brady, Giglio and Jenks is in need of serious reform. The rights of the accused are paramount and prosecutors wield an enormous amount of power. They have a fundamental obligation to provide the accused with all of the discovery in a criminal case, not just the discovery that helps the prosecution if the criminal justice system is going to function in a fundamentally fair and efficient manner.

Q: What is an important issue or case relevant to your practice area and why?

A: The Foreign Corrupt Practices Act is a burgeoning area of practice. The DOJ and the U.S. Securities and Exchange Commission have made it an enforcement priority to investigate and prosecute these cases in an effort to “level the playing field” for businesses who do business in an ethical and lawful manner. Investigations and prosecutions under the FCPA have increased substantially in recent years as a result. This keeps white collar crime attorneys, like myself, busy advising clients on these issues, and business executives ever mindful of the perils and potential pitfalls of doing business abroad.

Q: Outside your own firm, name an attorney in your field who has impressed you and explain why.

A: There are many. Hank Asbill at Jones Day in Washington, D.C., is a consummate lawyer. He is a gifted tactician, writer, and exceptionally talented trial lawyer who represents his clients zealously, ethically and very successfully.

Q: What is a mistake you made early in your career and what did you learn from it?

A: I assumed that if the law and the facts were on your side you would almost automatically win. I quickly learned that at trial anything can happen and you must be better prepared than your opponent and never, ever take anything for granted (and never, ever, ask a question of a witness on cross-examination that you don’t know the answer).



DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields

Carlton Fields on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.