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T. Markus Funk

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Partner

T. Markus Funk is a partner in Perkins Coie’s Litigation practice and a member of the firm’s White Collar & Investigations group.  In the summer of 2012, Law Week Colorado named Markus the top corporate/compliance lawyer. In December 2012, Markus was named "Lawyer of the Year."

By way of example of Markus’ diverse practice, he is lead counsel in the first federal appellate challenge to the constitutionality of the Foreign Corrupt Practices Act (named the #1 corruption sentence of 2012 by the Wall Street Journal), and has been retained by the University of Colorado to help lead an internal review relating to former student and "Colorado Theater Shooter" James Holmes.  Markus is also the architect of dozens of compliance programs for U.S. and international companies of all sizes, has led numerous internal investigations and subsequent disclosures to the USDOJ and SEC, and represents individuals and companies in some of today’s most challenging FCPA, UK Bribery Act, US Travel Act, insider trading, fraud, OFAC, export control, False Claims Act, defamation, and other and high-profile criminal and civil matters.

Markus also helped establish and co-chairs the firm's Corporate Social Responsibility and Supply Chain Practice (the first such specialized practice among the AmLaw100).

As a federal prosecutor in Chicago with ten years’ experience, Markus tried more than 24 federal cases (achieving convictions in all of them), headed hundreds of investigations, and indicted hundreds of cases and argued more than a dozen cases in the U.S. Courts of Appeal. During his tenure with the government, Markus also led trainings for USDOJ, U.S. State Department, and foreign law enforcement personnel on interviewing techniques and authored a handbook and book chapters on the same topic.

Described by the Chicago Sun-Times as a “street-smart prosecutor with an Oxford pedigree,” Funk and his team prosecuted "Operation Family Secrets," which National Public Radio in 2013 lauded as "one of the most important criminal investigations . . . in American 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 U.S. 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, anti-fraud, and anti-counterfeiting enforcement, and spear-headed the restructuring of Kosovo’s post-conflict justice system. Markus also worked with U.S. and foreign government officials and business leaders to fight labor trafficking and exploitation. During this time, Markus authored the Kosovo Trial Skills Handbook (USDOJ, 2006), which remains the most cited source in Kosovo's Compilation of Applicable Criminal Laws.

In recognition of his service while abroad, the U.S. Department of State conferred upon Markus its "Superior Honor Award," which is the highest general service award the State Department confers.  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 authored a number of books, including The Haiti Trial Skills Manual (American Bar Association, 2012), The Darfur Trial Skills Manual (American Bar Association, 2010), The Montenegro Trial Skills Manual (USDOJ, 2010), the Mutual Legal Assistance Treaty Guide for Federal Judges (Federal Judicial Center, forthcoming), the Global Anti-Bribery and Corruption Survey (Oxford University Press, forthcoming), Child Exploitation and Human Trafficking: Examining the Global Challenges and U.S. Responses (Rowman Littlefield, 2012, co-authored with Chicago U.S. District Judge Virginia M. Kendall), and Stemming the Suffering: Victims’ Rights and the International Criminal Court (Oxford University Press, 2010).  His legal work has been featured by outlets such as The Atlantic, CNBC, CNN, The Economist, The History ChannelInvestor’s Business Daily, The Los Angeles Times, MSNBC, The National Law Journal, National Geographic TV, the New York TimesReuters, 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.

Connect with Markus via LinkedIn

Representative Matters

  • Engaged by the University of Colorado to conduct an internal review relating to former student and "Colorado Theater Shooter" James Holmes.
  • Lead internal investigations and related compliance efforts for various mining interests in the U.S., Africa, and South America.
  • Achieved historic sentence for defendant in national insider trading case.
  • Leading the appeal for Haiti Teleco's Joel Esquenazi in first-of-its-kind appellate challenge against longest-ever FCPA sentence for an individual (the Wall Street Journal named it the #1 corruption sentence of 2012).
  • Successfully obtained 2013 OFAC Non-Action Letter for multi-national company following trans-national internal investigation.
  • Regularly advise corporate clients on the California Transparency in Supply Chains Act, Executive Order Strengthening Protections Against Trafficking in Persons in Federal Contracts, Conflict Minerals, and other Corporate Social Responsibility and Supply Chain Compliance matters.
  • Routinely counsel dozens 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.
  • Conduct internal fraud, export control, FCPA, and other investigations in the United States and abroad (including in China, Africa, India, Canada, and South America). 
  • Guide FCPA disclosures to the U.S. Department of Justice and the SEC, and regularly advise on various foreign anti-corruption regimes, including the UK Bribery Act, the German Anti-Corruption Act, India's Prevention of Corruption Act, and the Chinese Anti-Bribery Laws.
  • Prevailed in Colorado Supreme Court on Westwood Colleges defamation suit against class action lawyers.
  • Counseled foreign government's Ministry of Commerce in export control dispute.
  • Represented major university faculty chair during Department of Homeland Security investigation. 
  • Successfully counseled high-tech company during Department of Commerce and FBI export controls investigation. 
  • Represent individuals and companies implicated in insider trading, healthcare, mortgage fraud, bribery cases.
  • Represented government officials in internal investigation.
  • Represented Veteran's Administration official in internal investigation. 
  • Provided counsel and represent clients in multiple major global products liability litigation matters.
  • On behalf of a Fortune 50 company, persuaded Court do deny TRO lodged against employees.
  • Counsel individual and corporate clients on Stark Law, Anti-Kickback Statute, and related health care law issues.

Professional Recognition

  • Recipient of the American Bar Association "Frank Carrington Crime Victim Attorney Award" (awarded to person/organization who has done most for victims of crime in U.S.), 2014
  • Named a Colorado and Illinois "Super Lawyer," by Super Lawyers, 2012 - 2014
  • Named "Colorado Lawyer of the Year," by Law Week Colorado, 2012
  • Ranked in Chambers USA, "America's Leading Litigation Lawyers" and "America’s Leading White Collar Lawyers," 2012 - 2014
  • Recipient of the U.S. Department of Justice Attorney General’s Award ("John Marshal Award for Litigation Excellence"), 2008
  • Recipient of the Chicago Crime Commission's "Star of Distinction," 2008
  • Recipient of the U.S. Department of State's, "Superior Honor Award," 2007
  • Rated superb on Avvo.com, 2010 - present 
  • Named the "Barrister’s Best" (#1) Corporate/Compliance Lawyer In Colorado, 2012
  • Invited Fellow, Litigation Counsel of America (Trial Lawyer Honorary Society), 2013 - present
             

Professional Leadership

Community Involvement

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

Education

  • University of Oxford, Ph.D.c.
  • 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

Bar Admissions

  • Colorado
  • District of Columbia
  • Illinois

Court Admissions

  • 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