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T. Markus Funk

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Partner

T. Markus Funk is the founding Co-Chair of Perkins Coie's Supply Chain Compliance Practice and 2013's "Lawyer of the Year."  Markus served as a decorated Chicago federal prosecutor, Section Chief with the U.S. State Department-Balkans, clerk with the federal court of appeals and district court, and law professor.

During his time in public service, Markus and his team prosecuted "Operation Family Secrets," which National Public Radio lauded as "one of the most important criminal investigations . . . in American history."  At the time of his departure from the Department of Justice, the Chicago Sun-Times described Markus as a "street-smart prosecutor with an Oxford pedigree."

Markus has successfully tried 24 federal jury cases, argued and briefed dozens of federal appeals, directed hundreds of investigations, and on a daily basis advises public and private entities and individuals on challenging ethics and compliance matters. 

In private practice since 2010, Markus focuses on internal investigations, complex commercial litigation both at the trial and appellate levels, white collar criminal defense, corporate social responsibility and supply chain compliance, and corporate counseling.

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.

Internal Investigations: Markus has conducted and directed dozens of sensitive, high-stakes internal investigations, many of which have involved serious allegations of fraud and corruption. His investigative experience in the public and private sectors has ranged from long-term, multi-national federal criminal investigations involving large teams of investigators and many wiretaps, to domestic and trans-national internal investigations involving senior corporate and political officials, lower-level employees, corporate entities, and others. His understanding of compliance, audit, and internal control issues gives him additional depth in conducting investigations involving fraud or financial improprieties, often under intense media scrutiny.

Based on his senior government and leadership posts both in the United States and overseas, Markus is experienced in understanding the causes of corrupt behavior within institutions and governments. Markus now uses these unique insights and experiences to counsel clients. Illustrating Markus’s diverse practice, he recently conducted internal investigations in, among other places, Russia, Kazakhstan, China, Germany, Mexico, Ghana, Uzbekistan, Peru, and India.  Markus was also retained by the University of Colorado to help lead an internal review relating to former student and "Colorado Theater Shooter" James Holmes. In addition, Markus served as lead counsel in the first federal appellate challenge to the constitutionality of the Foreign Corrupt Practices Act, which has been the subject of wide-ranging coverage in the FCPA and ant-corruption bars.

Litigation: Markus is an experienced trial and appellate lawyer, having successfully tried 24 federal jury trials (most as first chair), and acted as lead counsel in more than 400 in-court evidentiary hearings and other contested proceedings. His recent representations in private practice for small, medium-sized, and publicly-traded companies have ranged from products liability, contract, counterfeiting, trademark, defamation and intellectual property litigation, to commodities fraud, insider trading and False Claims Act matters.

Compliance, Governance, and Ethics Counseling: Markus is the architect of dozens of compliance programs for U.S. and international companies of all sizes, has led numerous internal investigations and subsequent self-disclosures to the DOJ and SEC, and represents individuals and companies in high-stakes, complex Foreign Corrupt Practices Act, U.K. Bribery ActU.S. Travel Act, insider trading, fraud, fiduciary duty, import/export, customs, OFAC, export control, cybercrime, False Claims Act, defamation, and other high-profile criminal and complex civil litigation matters.

Corporate Social Responsibility and Supply Chain Compliance: Markus helped establish and co-chairs the firm's Corporate Social Responsibility and Supply Chain practice (the first such specialized practice among the AmLaw100), and is a recognized leader in the areas of supply chain compliance and the business community's efforts to fight human trafficking, as well as forced and child labor.  New legal requirements, such as those found in the California Transparency in Supply Chains Act, the Executive Order Strengthening Protections Against Trafficking in Persons in Federal Contracts, the European Union's Directive on Transparency and its amendments, and the proposed federal Business Transparency in Trafficking and Slavery Act, impose unique compliance and third-party due diligence obligations on the global business community.  Markus and his team have a well-earned reputation for helping clients find common-sense solutions to these emerging compliance challenges.

Criminal Defense:  Markus and his team led numerous disclosures and referrals to various branches of the federal and state government, have successfully resolved various FCPA self-disclosures, and recently obtained no-action letters from the Office of Foreign Asset Control and the FBI for Fortune 200 companies.  In addition, Markus and his co-counsel recently obtained a sentence of probation for a high-profile Denver insider trading defendant who was facing the most severe sentence the DOJ ever sought in an insider trading case.  Markus also recently obtained a sentence of probation for a mortgage fraud client involved in a multi-million dollar mortgage fraud conspiracy.

Reflective of Markus's ongoing commitment to victims of crime, including businesses who have been victimized, and strong relationships within the law enforcement community, the American Bar Association in 2014 awarded Markus the Frank Carrington Crime Victim Attorney Award (awarded to one person per year who has done the most for victims of crime in the United States).

U.S. Government Service: From 2000-10, Markus served in various capacities as an Assistant U.S. Attorney in Chicago. Selected from some 9,000 federal trials in 2007 to receive the Attorney General's Award (the "John Marshal Award"), the U.S. Attorney General personally presented Markus and his team with the highest trial performance distinction the Department bestows on federal prosecutors for their successful three-month trial capping the prosecution of Operation Family Secrets. The case remains the most extensive organized crime case of its kind in U.S. history, and was the first time a prosecutor from the Chicago U.S. Attorney's Office received the Department of Justice's most exclusive award for demonstrated courtroom and litigation ability.

From 2004-06, Markus served as the Department of Justice Resident Legal Advisor for post-war Kosovo, helping oversee the U.S.'s multi-million dollar efforts to bring the rule of law to this battle-weary region. In that capacity, Markus represented the United States at diplomatic negotiations, led Balkan-wide efforts to modernize anti-corruption, anti-fraud, cybercrime, 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 (DOJ, 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.

Thought Leadership: In addition to authoring more than 100 law-related academic and popular articles, as well as chapters on a wide variety of topics, Markus has authored a number of critically acclaimed books and guides, including:  The Global Anti-Bribery and Corruption Survey (Oxford University Press, forthcoming); The Haiti Trial Skills Manual (American Bar Association, 2012); Child Exploitation and Human Trafficking: Examining the Global Challenges and US Responses (Rowman Littlefield, 2012, co-authored with Chicago U.S. District Judge Virginia M. Kendall); The Darfur Trial Skills Manual (American Bar Association, 2010); The Montenegro Trial Skills Manual (DOJ, 2010); and Stemming the Suffering: Victims' Rights and the International Criminal Court (Oxford University Press, 2010). In addition, in 2014, Markus wrote Mutual Legal Assistance Treaties and Letters Rogatory: A Guide for Judges (Federal Judicial Center, 2014), which the U.S. Government has distributed to all federal judges in the country.

Markus's cases and legal analysis have been featured by outlets such as The AtlanticCNBC, CNNThe EconomistThe History ChannelInvestor's Business Daily, Los Angeles Times, MSNBCThe National Law Journal, Bloomberg, National Geographic TVNew York TimesReuters, and The Wall Street Journal, and receives regular invitations from governments, institutions, and individuals, including the DOJ, the U.S. State Department, The World Bank, The Mayor of New York City, the American Bar Association, The University of Chicago, Northwestern University, Georgetown University, and Harvard University to speak on legal issues and address lay and professional audiences.

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

  • 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.
  • Conducted cybercrime investigations relating to, among other things, computer intrusions, exceeding authorization, and data theft, and made referrals to the authorities on behalf of clients.
  • Achieved historically low sentence for defendant in national insider trading case.
  • Led 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 advises corporate clients of all sizes on supply chain and brand-image-protection issues, including California Transparency in Supply Chains Act, Foreign Corrupt Practices Act, Executive Order Strengthening Protections Against Trafficking in Persons in Federal Contracts, Conflict Minerals, and other Corporate Social Responsibility and Supply Chain Compliance matters.
  • Conducts internal fraud, export control, FCPA, and other investigations and counseling involving the U.S. and foreign counties including: China, Africa, India, Canada, Russia, Indonesia, Kazakhstan, Germany, Uzbekistan, and South America. 
  • Guide FCPA disclosures to the DOJ and the SEC, and regularly advise on various foreign anti-corruption regimes, including the U.K. 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, and represents individuals and companies implicated in insider trading, health care, mortgage fraud, bribery cases.
  • Represented government official in internal investigation.
  • Provide counsel to, and represent clients in multiple major global products liability litigation matters.
  • On behalf of a Fortune 50 company, persuaded the court to deny TRO lodged against employees.
  • Counsels individual and corporate clients on Stark Law, Anti-Kickback Statute, and related health care law issues.

Professional Recognition

         

Professional Leadership

Community Involvement

Related Employment

Clerkships

  • Hon. Morris S. Arnold, U.S. Court of Appeals for the Eighth Circuit, 1995 - 1997
  • 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