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T.
Markus
Funk
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T. Markus Funk is a partner in Perkins Coie’s Litigation practice and a member of the firm’s Investigations & White Collar Defense group. A seasoned trial attorney and investigator who helped establish the firm's Corporate Social Responsibility and Supply Chain Practice, Markus counsels corporate and individual clients in the areas of complex commercial litigation, internal investigations, corporate white collar criminal defense. Markus focuses on corporate social responsibility and global supply chain compliance and due diligence, the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, healthcare fraud, False Claims Act, export control, civil fraud, class action defense, education law, and RICO matters. As a federal prosecutor in Chicago with ten years’ experience, Markus tried more than 24 federal cases, achieving convictions in all of them, headed the investigations of and indicted hundreds of cases, and also has extensive appellate experience.
During his tenure as a federal prosecutor, Markus prosecuted "Operation Family Secrets," which is described as the most extensive racketeering case of its kind in U.S. history. Selected from some 9,000 federal trials that year to receive the Attorney General's Award, the U.S. Attorney General personally presented Markus and the team with the highest trial performance distinction the Department bestows on federal prosecutors, a first for the Chicago US Attorney's Office.
From 2004-06, Markus served as the Department of Justice Resident Legal Advisor for Kosovo, helping oversee the U.S.’s multi-million dollar efforts to bring the rule of law to this war-torn region. In that capacity, Markus represented the United States at diplomatic negotiations, led Balkan-wide efforts to modernize anti-corruption and anti-fraud enforcement, and spear-headed the restructuring of Kosovo’s post-conflict justice system. Markus also worked with US and foreign government officials and business leaders to fight human trafficking. During this time, Markus authored, Kosovo Trial Skills Handbook, which the Department of Justice published and which was translated into Serbian and Albanian and remains the most cited source in Kosovo's Compilation of Applicable Criminal Laws.
In recognition of his service while abroad, the US Department of State conferred to Markus its Superior Honor Award for "sustained extraordinary performance," the highest general service award conferred by the State Department. Markus has the distinction of being the only person to have received both the Department of Justice's Attorney General's Award and the State Department's Superior Honor Award.
In addition to authoring dozens of criminal law-related academic and popular articles, as well as book chapters on a wide variety of topics, Markus wrote four books, including the highly regarded Child Exploitation and Human Trafficking: Examining the Global Challenges and U.S. Responses (Rowman Littlefield, 2012; co-authored with Chicago US District Judge Virginia M. Kendall) and Stemming the Suffering: Victims’ Rights and the International Criminal Court (Oxford University Press, 2010), and the forthcoming Mutual Legal Assistance Treaty Guide for federal judges (Federal Judicial Center). His legal work has been featured by outlets such as The Atlantic, CNBC, CNN, The Economist, The History Channel, Investor’s Business Daily, The Los Angeles Times, MSNBC, The National Law Journal, National Geographic TV, the New York Times, and The Wall Street Journal.
Markus started his legal career as a law clerk to the Hon. Morris S. Arnold of the U.S. Court of Appeals for the Eighth Circuit and Chief U.S. District Judge Catherine Perry, and as a Lecturer in Law at Oxford University.
Representative Matters
- Guided 2011 and 2012 FCPA disclosures to the US Department of Justice and the SEC.
- Counseled foreign government's Ministry of Commerce in export control dispute.
- Served as counsel to major university during Department of Homeland Security investigation.
- Prevailed in Colorado Supreme Court on Westwood Colleges defamation suit against class action lawyers who defamed the college outside of the litigation.
- Successfully counseled high-tech company during Department of Commerce and FBI export controls investigation.
- Counseled health care provider on foreign bribery-related matter.
- Represented individual charged with federal mortgage fraud offenses.
- Represented Veteran's Administration official in internal investigation.
- Advise corporate clients on California Transparency in Supply Chain, Conflict Minerals, and other Corporate Social Responsibility compliance matters.
- Retained post conviction to handling appeal of Joel Esquenazi, who received longest-ever FCPA sentence.
- Counsel to individual charged with computer fraud.
- Represented individual in employment conflict with former German employer.
- Devises and implements FCPA and other corporate policies and procedures, and conduct corresponding trainings.
- Represent individuals accused of FCPA violations.
- Conduct internal fraud, export control, FCPA, and other investigations in the US and abroad (including in China, India, Canada, and South America).
- Provided counsel and represent clients in multiple major global products liability litigation matters.
- Regularly counsel Fortune 500 and other U.S. and foreign companies on a range of issues, including FCPA, foreign global anti-corruption enforcement, and export control compliance and due diligence.
Professional Recognition
Professional Leadership
Related Employment
Clerkships
- Hon. Morris S. Arnold, U.S. Court of Appeals for the Eighth Circuit, 1999 - 2000
- Hon. Catherine D. Perry, Chief Judge, U.S. District Court for the Eastern District of Missouri, 1995 - 1997
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- University of Oxford, Ph.D. Candidate
- Northwestern University School of Law, J.D., Senior Research Honors, 1995
Book Review Editor and Articles Editor, Journal of Criminal Law & Criminology
- University of Illinois, B.A. & B.S., Phi Beta Kappa, Bronze Tablet, summa cum laude, 1992
- Colorado
- District of Columbia
- Illinois
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the District of Colorado
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