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T. Markus Funk

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Partner

News
03.03.2014
Press Release

Accepting Mr. Van Gilder’s long-held position that he did not engage in legally cognizable tipping of others, that his conduct was more limited in time and extent than initially alleged, and that he should only be held responsible for the narrow actions he personally took in 2007, the SEC late last week filed its “Unopposed Motion for Entry of Proposed Final Judgments Against Defendant Michael Van Gilder and relief Defendant Stephen Diltz,” as well as its Second Amended Complaint, in federal District Court in Denver.

10.15.2013

The Reply Brief is available here and their Opening Brief is available here.  Both were submitted by Perkins Coie Partner T. Markus Funk and Associate Michael Sink.  Listen to the full oral argument here.

10.12.2013

Attorney Paul Calli wrote that “[t]he courtroom was filled to capacity and unfortunately I was relegated to the attorney overflow room, which was also packed, to listen to the oral argument. [Partner T. Markus Funk’s] performance was “compelling” . . . “effective,” . . . and “hammering.”

09.19.2013
Businessweek Quotes Funk on “Honey Laundering” Case
08.30.2013

“Injunctive relief is the tip of the enforcement iceberg, but that's all you need to sink the ship," said Perkins Coie LLP Partner T. Markus Funk. . . .  "They're waiting for the attorney general to make the first move [when it comes to California Transparency in Supply Chains Act enforcement] ... and once that piece falls, then you'll have advocacy groups and consumer groups putting pressure on a company; you'll have the media writing articles and you'll have plaintiffs' attorneys contemplating avenues of attack," Funk said. "Reputational [and financial] concerns for board members and executives and the companies are significant."

08.14.2013
Press Release

Rejecting both the government’s and the US Probation Office’s request for extended imprisonment, United States District Judge Wiley Daniel today sentenced former insurance executive Michael Van Gilder, 46, to five years probation, a $5,000 fine, and six months home detention (during which Mr. Van Gilder is permitted to leave the house for work, business travel, visits with his children, etc.).

07.30.2013
General News

“In a rare move, a federal judge determined that a man who pleaded guilty to mortgage fraud was responsible for only 5% of the $1.35 million in restitution owed to lenders . . . .  U.S. District Judge Milton I. Shadur [at Funk and Levin’s request] ordered Joseph Facchina to pay $67,480 to victims of a scam that federal authorities say was part of one of the largest mortgage fraud conspiracies ever prosecuted in Chicago.  All defendants in a case usually are held responsible for the entire amount of restitution regardless of their respective role in the offense. . . .  In addition to ordering Facchina to pay restitution, Shadur directed him to serve three years of probation. Prosecutors had sought a sentence of 27 months in prison.”

06.27.2013
General News

In July of 2012, the University of Colorado retained Perkins Coie partners T. Markus Funk and Bob Miller to review a wide range of areas touching on a number of academic departments and offices, including campus policing; student health services; the behavioral evaluation and threat assessment team (BETA Team); CU Office of the University Counsel; and environmental health & safety.  The independent review, which involved an “unparalleled number of legal issues and factual questions,” has been the subject of national and international media coverage.

06.08.2013
News Article
05.22.2013
General News

T. Markus Funk, Lanny Breuer and other former federal prosecutors specializing in the Foreign Corrupt Practices Act discuss the recent uptick in the Act's enforcement.

04.01.2013

“’The business community will be one of the most important change-makers in the human trafficking area in at least 20 years,’ said Funk, a partner at Perkins Coie in Denver who co-chairs the firm’s corporate social responsibility and supply chain practice. But it won’t be easy, Funk cautioned. [Mandated compliance] can be a daunting task, he said . . . .”

02.25.2013
General News

The article, under the “In-Demand Firms” header, features Markus Funk’s representation of Joel Esquenazi in his appeal from the longest-ever FCPA sentence.

02.07.2013
General News

Since 2002, the Ethical Sourcing Forum has provided companies with the business intelligence and data they need to make informed decisions on their increasingly offshore, outsourced supply chain. In December 2012, the Ethical Sourcing Forum issued a press release announcing that partner T. Markus Funk would be their March 7, 2013, Keynote Speaker. Markus in his address will survey the impending regulatory CSR deluge.

01.31.2013
General News
01.29.2013
General News
01.17.2013
General News

Partner, T. Markus Funk and Counsel Michael Sink, were quoted by Law Week Colorado on the constitutional issues presented by the government’s expansive interpretation of “foreign official” under the Foreign Corrupt Practices Act.

12.31.2012
General News

The article discusses the Perkins Coie white collar defense team of T. Markus Funk and Robert N. Miller and their role in representing insurance executive Michael Van Gilder against USDOJ and SEC insider trading charges.

12.26.2012
General News

Various media outlets, including the Chicago Tribune, Chicago Sun-Times, South China Morning Post, WLS Radio, NPR, Fox, and CBS, featured Perkins Coie Partner T. Markus Funk’s role in the landmark prosecution of recently-deceased Chicago organized crime boss Frank Calabrese, Sr.

12.24.2012
General News

Partner T. Markus Funk, who serves as lead appellate counsel for Joel Esquenazi in his historic FCPA case, was quoted by the Wall Street Journal on the appellate team’s objectives.  The Wall Street Journal had previously named Esquenazi 2012’s top corruption case/sentence.

12.20.2012
Press Release

Perkins Coie announced that Law Week Colorado, the state’s only newspaper published specifically for lawyers, law firms, corporate counsel and the judiciary, selected Denver partner Markus Funk as one of the top ten Lawyers of the Year.  Law Week Colorado has been presenting the Lawyer of the Year awards since 2008.

12.18.2012
General News

Judge Richard A. Posner, in his concurrence in Unites States v. Craig, cited Funk and Judge Virginia Kendall’s influential Child Exploitation and Trafficking: Examining the Global Challenges and U.S. Responses (2012) for the proposition that “sex offenders are more likely to recidivate than other criminals.”

12.18.2012
General News

Click here for the E.O. Flow Chart.

11.12.2012
General News

The World Bank in Washington, DC, invited T. Markus Funk and Judge Virginia Kendall to discuss their critically-acclaimed book, Child Exploitation and Trafficking.  From the invite:  “Funk and  Kendall will draw on their extensive experience to provide a practical survey of the history of child sexual exploitation, to discuss the interconnected web of domestic and transnational federal laws and law enforcement efforts launched in response and to examine the range of responses.”

10.30.2012
General News

The ABA-CJS Newsletter cover story focuses on the ABA Global Anti-Corruption Task Force’s various successes, including the 2012 publication of the Special Report on Compliance (authored by the University of Chicago Corporate Lab, in conjunction with Microsoft).  Denver Partner T. Markus Funk Chairs the Task Force with Chicago AUSA Andrew S. Boutros.

10.13.2012
General News

“’[Funk and Kendall’s] Child Exploitation and Trafficking: Examining the Global Challenges and US Responses is a book of broad appeal that offers practical advice while sharing the wealth of experience that the authors have in prosecuting child exploitation and trafficking cases,’ said Norma Abbene, Deputy Counsel to the Mayor.

09.27.2012
General News

The ABA Journal, in an article titled “Foreign Exchanges,” quotes Partner T. Markus Funk in the context of increasingly vocal calls for targeted reform the Foreign Corrupt Practices Act.

09.26.2012
News Article

Mikhail Reider-Gordon’s review of Partner T. Markus Funk and US District Judge Virginia Kendall’s Child Exploitation and Trafficking:  Examining the Global Challenges and U.S. Responses notes that book “provide[s] perhaps the first comprehensive history and current account of child exploitation and trafficking. . . . 

09.24.2012
General News

Wall Street Journal names Joel Esquenazi Case 2012’s #1 Corruption Sentence

09.24.2012
General News

Denver Partner T. Markus Funk is leading the landmark first appellate challenge to the government’s interpretation of the Foreign Corrupt Practices Act (Funk was not involved in the trial or sentencing)

09.12.2012
News Article

The article examines the charging potential inherent in 18 U.S.C. § 1519’s broad language.

09.03.2012
General News

"It’s no secret that Funk’s been in the news lately . . . . Yet this corporate law specialist has reason to be. His experience in supply-chain management and corporate social responsibility is nationally recognized. And you’ll likely keep hearing from him as companies continue to navigate the muddy waters of the Dodd Frank Act . . . ."

08.28.2012
General News

Seventh Circuit Court of Appeals Judge Richard Posner (joined by Judges Tinder and Hamilton) repeatedly cited partner T. Markus Funk’s book as authority for the use and effectiveness of computer encryption and the presence of files on hard drives even after a user “deletes” them. 

08.27.2012
General News
08.23.2012
General News

In InsideCounsel’s article, “A Sox Provision that Could Blindside Your Company,” Partner T. Markus Funk is quoted extensively on the recent emergence of 18 U.S.C. 1519, which prohibits anticipatory obstruction of justice.

08.22.2012
General News

The SEC today announced its final rules ordering companies to disclose their efforts to trace “Conflict Minerals” in their supply chains.  Perkins Partner (and former USDOJ and State Department lawyer) T. Markus Funk was widely quoted on the new Rules’ real-world impact on the business community.

08.02.2012
General News

The Chicago Daily Law Bulletin quoted Partner T. Markus Funk on the global challenges human trafficking poses, and referenced Funk's 2012 anti-trafficking book (co-authored with US District Judge Virginia Kendall).

07.18.2012
General News

Briefing sponsored by Senators Rubio and Cardin
Click here for video.

06.19.2012
General News
06.01.2012
News Article

InsideCounsel, in an article about US v. Noriega, quoted Partner T. Markus Funk on the scope of the Foreign Corrupt Practices Act.

05.23.2012
General News

The American Bar Association appointed Perkins Coie Partner T. Markus Funk, who along with Partner J. Cabou helped set up the firm's Corporate Social Responsibility and Supply Chain Compliance Practice (the first such specialized practice among the AmLaw 100), to serve as  Co-Chair of the ABA's Corporate Social Responsibility Committee (Markus is also the Chair of the ABA-Criminal Justice Section's Corporate Social Responsibility and Forced Labor Task Force).

05.11.2012
General News

Perkins Coie Partner, T. Markus Funk and Associate Michael Sink, filed their opening brief on behalf of Joel Esquenazi, who received the longest-ever sentence in an Foreign Corrupt Practices Act (FCPA) case (15 years).  This briefing, which Michael Koehler (the "FCPA Professor") described as "historic," represents the first time the much-debated definition of what constitutes a "foreign official" for FCPA purposes will be addressed by an appellate court.

04.30.2012
News Article
04.12.2012
General News

Hunter College posted a video of Perkins Partner T. Markus Funk and his co-author, Judge Virginia Kendall, discussing their anti-trafficking book with members of the New York media prior to the March 8, 2012, Mayor's Office event.

04.05.2012
News Article

In a story on human trafficking, the Chicago Tribune quoted T. Markus Funk on the phenomenon of organized human trafficking and mentioned his book (co-authored with U.S. District Judge Virginia Kendall) on the same subject.

03.16.2012
News Article

T. Markus Funk, Special Advisor to the Council and Co-Chair of the Global Anti-Corruption Task Force, recently released his new book entitled, Child Exploitation and Trafficking, which he co-authored with Virginia M. Kendall.

03.15.2012
News Article

Sponsored by the Office of the Mayor of New York City, Perkins Coie Partner T. Markus Funk and co-author U.S. District Judge Virginia Kendall discussed their book Child Exploitation and Trafficking: Examining the Global Challenges and U.S. Responses at the Roosevelt House in front of a capacity crowd.  Impacto Latin News covered the event, describing it as "incredibly informative".

03.2012
General News
03.12.2012
General News
02.13.2012
General News

Funk's article and accompanying decision trees will be used as part of the International Bar Association, OECD, and United Nations Office on Drugs and Crime's ongoing effort to (1) investigate the role of lawyers in international transactions affected by corruption, (2) raise awareness among legal professionals about the devastating effects that may result from this crime, and (3) promote the highest standards to prevent corruption in this profession.

02.06.2012
General News

According to the influential FCPA Compliance and Ethics Blog, "these articles fill a valuable niche for the compliance practitioner. I hope that you will review and use them in your practice going forward."

02.01.2012
General News

T. Markus Funk was interviewed and quoted by the Denver Post in an article examining the global phenomenon of trafficking in human beings and the nexus between organized crime and this particular form of exploitation.

01.20.2012
General News

University of Chicago; Northwestern University School of Law
Judge Posner, author of nearly 40 books and widely considered one of the world's most distinguished scholars, described Funk and Kendall's Child Exploitation and Trafficking: Examining the Global Challenges and U.S. Responses as “a milestone on the road to improved policy in this difficult and important area, this book will be an invaluable resource to judges, prosecutors, police, policymakers, criminologists, and the defense bar.”

01.19.2012
General News

Partner T. Markus Funk was featured in an ABC-7 report on the guilty pleas of Jerry Scalise and Robert Pullia

01.06.2012
General News

Funk and Trombino in their article break down the form, function, and flow of the  FCPA and the UK Bribery Act.

01.03.2012
General News

T. Markus Funk and M. Bridget Minder author "Bribery of Foreign Officials: The FCPA in 2011 and Beyond: Is Targeted FCPA Reform Really the “Wrong Thing at the Wrong Time”? in the Bloomberg Law Reports. The in-depth piece not only summarizes 2011 enforcement trends, but also addresses the arguments raised against the growing call for targeted FCPA reform.

01.03.2012
General News

The BBC reports that Brazil's official "dirty list" of employers using slave labor was extended to include 294 companies and individuals, representing the highest number since officials began compiling the list in 2004.

01.01.2012
General News

High-visibility outlets, including the FCPA Professor ("This is a very useful one-stop chart for anyone involved in FCPA issues or likely to encounter foreign bribery issues"), the FCPA Blog ("Travel Act bribery cases made simple . . . an excellent tool"), and the White Collar Crime Prof Blog ("[C]aptures the essence of the FCPA . . . It's terrific"), have posted Perkins Coie partner T. Markus Funk's FCPA/Travel Act Decision Tree.

01.01.2012
General News

The White Collar Crime Prof Blog published Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk's novel and practical UK Bribery Act decision tree/"cheat sheet" and chart comparing the anti-bribery laws of the US, UK, China, and India describing it as "extraordinary."

12.17.2011
General News

"[Providing] a resource regarding not only victims, but various sex crimes, the court system, defense strategies and computer techniques perpetrators use to hide information, as well as how law enforcement can find it."

12.14.2011
General News

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk has drafted a very handy decision tree sketching out the key analytical steps in evaluating a potential bribery situation.

12.08.2011
General News

The Chicago Daily Law Bulletin, in an article titled "Blago Faces Nearly $22K in Court Penalties," quoted T. Markus Funk on how and when federal judges typically impose fines on convicted defendants such as former Illinois governor Rod R. Blagojevich.

12.01.2011
General News

InsideCounsel, in an article titled "Data shows that companies lose a week's earnings to fraud every year" quoted partner T. Markus Funk throughout the article addressing the quantifiable impact of fraud on companies' bottom line. The story ran in the December 2011 issue of InsideCounsel.

11.14.2011
General News

Law Week Colorado

10.29.2011
General News

T. Markus Funk, a white collar partner at Perkins Coie and former federal prosecutor, was tapped to draft and present a resolution at the ABA Criminal Justice Section Council meeting to clarify the FCPA. 

10.13.2011
News Article

Corporate Counsel Magazine, in an article titled "The End of an Era for Stock Option Backdating Scandals," quotes partner T. Markus Funk: "T. Markus Funk, a partner in Perkins Coie's Investigations and White Collar Defense group, has been listening. Although the backdating scandals are now mostly history, Funk says the enduring lesson for in-house and outside counsel is that the SEC and federal prosecutors are likely to continue to heavily scrutinize the advice lawyers give their clients. Federal law enforcers get inspiration from their past successes, according to Funk. He says there's no reason to believe they 'will shy away from their consistent practice of seeking to leverage their enforcement programs by targeting those legal and accounting professionals they consider failed gatekeepers.'"

07.28.2011
General News

Partner T. Markus Funk, a former federal prosecutor, was featured in CNBC's "American Greed" series special "Mob Money: Murders and Acquisitions." Markus discussed, among other things, the "Operation Family Secrets" case, which stands as the most extensive mob-murder prosecution in the US and resulted in Markus and the team receiving the US Department of Justice's highest trial performance distinction.

07.26.2011
General News

Colorado Law Week previewed a panel on the new SEC whistleblower bounty rules that will be moderated by T. Markus Funk. The panel will include the SEC's Regional Director, the head of the Fraud Section of the Colorado US Attorney's Office and IHS General Counsel Sean Radcliffe.

06.13.2011
General News

T. Markus Funk and Caryn L. Trombino's article "Is The Government Listening" was selected for publication in Richard L. Cassin's Be My Guest: Byline Posts From the FCPA Blog (2011)

06.05.2011
General News

Colorado Law Week features Judge's endorsement of Perkins' argument that lawyer who filed class action suits against client Westwood Colleges and made arguably defamatory statements about Westwood cannot rely on the litigation privilege: "[T]he [litigation] privilege does not extend to remarks lawyers make on the courthouse steps, or anywhere else outside the court proceeding, said Markus Funk, a Perkins Coie partner who has consulted on the case. “Simply because you are an attorney who filed a lawsuit does not convey to you carte blanche permission to exit the courthouse and utter defamatory statements about the defendant,” Funk said. “The lesson is that, although the law renders statements made in the context of litigation non-actionable, counsel who exceed the boundaries of what constitute  ‘litiga­tion’ do so at their own peril.”

05.26.2011
General News

In January 2011, Bloomberg Law Reports published T. Markus Funk's Another Landmark Year: 2010 FCPA Year-In-Review and Enforcement Trends for 2011.  In May, the Bloomberg editors selected this article for inclusion and re-publication in its Bloomberg Law Quarterly.

05.25.2011
General News

"T. Markus Funk, a white collar partner at Perkins Coie, said the new rules may also make companies more inclined to come forward to the SEC when confronted with internal wrongdoing. 'An increase in tips breeds an increase in self-reporting,' he said. 'If a problem is widely known within a company, that’s an additional reason to come forward rather than wait for the ax to drop.'"

05.20.2011
General News

The ABA Criminal Justice Section's "Leadership Connections"  highlighted the Global Anti-Corruption Task Force which Partner Markus Funk co-chairs, noted that the Task Force's website within two months of its launch has already been featured on over 5,000 other websites.

03.16.2011
General News

Both Nightline and Fresh Air ran double segments examining the landmark 130-witness, 3-month racketeering trial for which the Attorney General presented Markus the US Department of Justice's highest trial distinction. The fourth book on the case is a Top 15 New York Times Best Seller.

03.14.2011
General News

The article describes Funk as a "high-profile former federal prosecutor now working in Denver [at Perkins Coie]," and extensively quotes him on the Department of Justice's novel application of "anticipatory obstruction of justice" (18 USC Section 1519) in the context of a recent Chicago "honey laundering" indictment.

03.14.2011
General News

The ABA Global Anti-Corruption Task Force, co-chaired by Funk, is launching a new website "by practitioner and for practitioners."  Law Week Colorado profiled both the Task Force and the website.

02.16.2011
General News

The influential Main Justice website featured an in-depth article on the soon-to-be-launched ABA Global Anti-Corruption Task Force website.  Markus Funk is the Task Force's National Co-Chair, and was quoted extensively for the piece.

02.07.2011
General News

Markus Funk, a Perkins Coie Partner, was interviewed by the American Medical News concerning his take on the latest developments  and trends in the government's fight against health care fraud.   The American Medical News is the leading trade publication in the health care sector, as well as the official news source of the American Medical Association.

02.01.2011
General News
02.01.2011
General News

Perkins Coie Partner, Markus Funk was quoted throughout an article published in InsideCounsel on Tuesday February, 01.  The article, "U.S. FCPA Enforcement Receives International Praise," written by Steven Anderson, on the continuing effort to tackle foreign bribery by the Foreign Corrupt Practices Act (FCPA).  The article discusses the incredible increase in cases over the last several years. "In ’05, which was considered the banner year at that time, the FCPA folks prosecuted five individuals and collected something like $16 million," stated Funk "And then you contrast that with 2010, where if you look at the top eight cases alone, they collected more than $1.5 billion—that’s with a B."  Such dramatic increases are often met with criticism, particularly when they cross international borders, but this is one area where the world seems to be squarely behind the hardline U.S. stance. In October 2010, the Organization for Economic Cooperation and Development (OECD) issued a glowing assessment on the state of U.S. anti-corruption enforcement. "The U.S. obviously is the world leader in this department," says Funk. "The U.S. historically has been responsible for 70 percent of the world’s foreign anti-bribery prosecution, second place being the U.K. with a little bit over 4 percent. So the U.S. is a world leader—it’s the poster child for robust foreign anti-corruption enforcement efforts."

01.18.2011
General News
01.12.2011
General News
12.08.2010
News Article

"[I]mportant new book" . . . "fascinating overview" . . . "builds a fascinating case" . . . "well-reasoned criticism" . . . " For all of these reasons, T. Markus Funk‘s Victims’ Rights and Advocacy at the International Criminal Court is a valuable read and resource for those who care about international justice."
- Prof. Juliet Sorensen, Book Review, Northwestern University School of Law's Journal of Criminal Law & Criminology.

11.17.2010
General News

ABC 7 News "I-Team" investigative report features T. Markus Funk

11.15.2010
General News

The American Bar Association has invited Perkins Coie Partner T. Markus Funk to join its Litigation magazine editorial board. Funk will advise on the editorial direction of the magazine, which is considered to be the preeminent journal in the field. Published four times a year, Litigation offers practice information on common problems and interests for the lawyers who try cases and the judges who decide them. All members of the bar's Litigation Section received the publication.

11.14.2010
General News

T. Markus Funk was quoted in articles titled, "What's in a mob nickname?  What's it to you?"

11.11.2010
General News
11.10.2010
General News

Markus Funk was interviewed on ABC7 news.

11.09.2010
General News

The Bureau of National Affairs (BNA), one of the World's leading publisher of print and electronic law-related news and information, has added T. Markus Funk, a partner in Perkins Coie’s Litigation practice and a member of the firm’s Investigations & White Collar Defense group, to its newly formed Criminal Law Reporter Advisory Board.  As a Board Member, Markus will, among other things, critique publication content, contribute analysis, and identify significant legal developments and trends.   

10.20.2010
General News
10.20.2010
General News

The FCPA Professor Blog features a Q&A with T. Markus Funk on the global reach of the Dodd-Frank whistleblower bounty provisions.

10.18.2010
General News
10.12.2010
General News
10.11.2010
General News
10.06.2010
News Article

"Among the growing number of publications on the emerging legal status of victims in the international criminal justice system, this book is, to this reviewer’s best knowledge, the first to provide an in-depth analysis of the role and impact of victims and their advocates on the proceedings before the International Criminal Court (‘ICC’ or ‘the Court’). . . . [B]ecause of its clearness, pragmatism and facile structure, it is easy to imagine Funk’s book becoming very soon a ‘must-have’ on the desks of practitioners working on victims’ participation and victims’ rights at the international level."

10.05.2010
General News
10.01.2010
General News
09.30.2010
General News
09.28.2010
General News

Markus Funk was interviewed by Fox News Chicago about evidence revealed during the landmark "Family Secrets" mob-murder trial concerning an alleged mob bookmaker and loan shark. View video.

07.26.2010
General News
07.10.2010
General News

Markus Funk commented in an article titled, "A Special Report on Gambling." 

Publications
04.09.2014
Author, Article
Magazine of the Deutsch-Amerikanische Juristen-Vereinigung (German-American Lawyers Association)

This article conducts a comparative analysis of Germany’s anti-corruption laws, and examines why its efforts to fight bribery are second only to the United States (with the UK Bribery Act only occupying the to-some-surprising distant third spot).

03.26.2014
Co-Author (With Navigant’s Mikhail Reider-Gordon), Article
Westlaw Journal

This article and accompanying flow chart examine the just-enacted “Brazil Clean Companies Act,” a groundbreaking legislative effort at stemming corruption in the world’s seventh largest economy.

03.04.2014
Co-Author, Article
Westlaw Journal

A central, recurring definitional challenges facing FCPA practitioners worldwide is whether, and under what circumstances, traditional local authorities, such as tribal leaders, qualify as “foreign officials” under the FCPA.  Perkins Coie Senior Counsel Barak Cohen and Partner T. Markus Funk, both former USDOJ prosecutors, provide the most comprehensive analysis on this issue to date, concluding that the one-size-fits-all analytical approach once favored by observers cannot be reconciled with present-day enforcement realities.

02.20.2014
Article
Bloomberg BNA

Following a relatively flat enforcement landscape and some bumps in the 2013 prosecutorial road, the DOJ and the SEC appear poised to spring back into action on FCPA and related anti-corruption enforcement.  Perkins Partner T. Markus Funk and Associate Sambo “Bo” Dul take a closer look at the year that past and what lies ahead.  (Article also reprinted in Vol. 3, No. 2 of the FCPA Report)

01.13.2014
Article
Litigation Journal

We live in a world that appears small each day due to the ease of instantaneous electronic communication.  As a result, gathering evidence for use in litigation or criminal cases increasingly is a global challenge.  Partner T. Markus Funk and US District Judge Virginia Kendall describe the substance and procedure of the two primary avenues for obtaining such evidence, namely, Mutual Legal Assistance Treaties (MLATs) and Letters Rogatory.

01.12.2014
Article
Bloomberg-BNA

Perkins Coie Partner T. Markus Funk and Associate Sambo “Bo” Dul anticipate the top 10 compliance challenges facing businesses worldwide in 2014.  (Reprinted in vol. 22, issue 2, ABA Criminal Justice Section Newsletter (Winter 2014).

01.06.2014
“Key Compliance Issues To Watch in 2014”
Article
Law Week

Perkins Partners T. Markus Funk and Michael Sink survey five hot-button regulatory and compliance issues worth paying attention to in 2014.

01.01.2014
Co-Author, Client Update

Now that 2013 has wrapped up, it is that time of year again when Markus and Bo dust off the compliance crystal ball and take a look at what might be in store for 2014. Trends examined include FCPA enforcement, supply chain compliance, OFAC actions, the conflict minerals rules, carbon copy prosecutions, and SEC actions on whistleblower complaints.

10.29.2013
Co-Author, Article

Journal article co-authored with U.S. District Judge Virginia Kendall and Perkins Coie Associate Elizabeth Banzhoff.

09.20.2013
ACC Docket (co-authored with Ciber, Inc. General Counsel Sean Radcliffe)

A company’s board of directors has a duty of care to respond to and investigate allegations of wrongdoing by officers and employees of the company. But what happens when the board member is the one in the investigatory hot seat? Do the same investigative rules and techniques apply when, for instance, a director has been accused of trading on insider information or leaking confidential information? And what are the best practices companies should consider proactively implementing so they are best-positioned to effectively investigate alleged board member misconduct? This article provides some time-tested, commonsense — but often overlooked — guidance to help you prepare for these not-so-uncommon eventualities.

08.02.2013
Investigations Quarterly (with Mikhail Reider-Gordon, Navigant)

Compliance professionals recognize that today’s effective CSR compliance and reporting go far beyond simply arranging for the occasional FCPA training, patching together an “Environmental Sustainability Report,” or maintaining a “paper-only” code of business conduct.  Funk and Reider-Gordon demonstrate how, by coordinating compliance efforts to address the various risks sketched out in this article, businesses can put themselves in the best position to avoid potentially devastating criminal and civil liability.

07.31.2013
Co-Author, Article
Bloomberg BNA

Criminal justice practitioners understand that ‘‘joint and several liability’’ stands for the common proposition that each co-conspirator should be equally responsible for all provable losses the conspiracy caused. Despite the dubious fairness of this one-size-fits-all approach, joint and several liability is, in fact, so common that federal prosecutors, defense counsel, and judges rarely even consider whether there might be some available alternatives.  As this article explains, the ready— and oft-overlooked—answer comes in the form of 18 U.S.C. § 3664(h).

07.24.2013
Article

Funk and his co-authors reviewed the key developments in the area of corporate social responsibility and supply chain compliance.  (The Year in Review was published by the SMU Dedman School of Law, and Funk’s article appears on pages 183-200.)

06.18.2013
Perkins Coie’s T. Markus Funk and USDOJ’s Andrew S. Boutros Author “Carbon Copy Prosecution” Chapter in the ABA’s The State of Criminal Justice 2013
Co-Author, Book

Funk and Boutros author Chapter 6 ("'Carbon Copy' Prosecutions:  A Growing Anticorruption Phenomenon in A Shrinking World") in 2013’s The State of Criminal Justice

05.03.2013
Co-Author, Book
Globe Law and Business, UK, 2013

T. Markus Funk and USDOJ’s Andrew S. Boutros co-authored a chapter examining the growing phenomenon of “carbon copy prosecutions” (occurring when a prosecution in Country A is mirrored by a virtually identical prosecution in Country B, C, etc.).  The rise in carbon copy prosecutions is particularly notable in the context of the Foreign Corrupt Practices Act.

05.03.2013
Author (with Ciber, Inc. GC Sean Radcliffe)
Bloomberg Law Reports

As those who have gone through investigations into allegations of board member wrongdoing can attest, the process can be exceptionally costly both financially, as well as emotionally.  Perkins Partner T. Markus Funk and Ciber, Inc. General Counsel Sean Radcliffe point out that, with a bit of foresight and preparation, the duration and toxicity of the experience can be drastically limited, and the ultimate reliability of the resulting findings and recommendations notably enhanced.

03.20.2013
Update

Supply chain compliance is on the government’s enforcement radar like never before. If the recent Executive Order on Trafficking in Government Contracts and final SEC Conflict Minerals Rules were not notice enough, the Department of Justice’s (DOJ’s) February 20, 2013 announcement of headline-grabbing charges against the two largest domestic honey processing companies eliminates any doubt that companies must carefully examine the effectiveness of their existing supply chain compliance programs.

02.21.2013
Article
Law360

T. Markus Funk and partner J. Cabou analyze the Chicago US Attorney’s Office’s February 20, 2013’s record-breaking anti-dumping and food fraud case.

02.14.2013
Co-Author, Article

The article examines the California Transparency in Supply Chains Act’s oft-confused website homage disclosure requirements.

01.30.2013
Co-Author, Article
Inside Counsel

Partner T. Markus Funk and Counsel Michael Sink examine the rise in the DOJ’s enforcement of the U.S. Travel Act to punish commercial bribery, including cases involving conduct that largely occurs overseas.

01.16.2013
Co-Author, Article
Inside Counsel

Partner T. Markus Funk and associate Elizabeth M. Banzhoff explore the new but growing phenomenon of “carbon-copy prosecutions”— successive, duplicative prosecutions by multiple countries arising out of the same common nucleus of operative acts.

01.03.2013
Co-Author, Article
Inside Counsel

In this article, Denver partner T. Markus Funk and associate Elizabeth M. Banzhoff predict key areas that will garner attention from compliance professionals in 2013, from the implementation of new regulations on federal contractors in March to the onset of required compliance with the SEC’s conflict minerals rules on January 1.

12.19.2012
Co-Author, Article
Inside Counsel

The article, co-authored by T. Markus Funk and Elizabeth Banzhoff, examines the possibility that USDOJ may begin filing FCPA cases in the Easter District of Virginia’s legendary “rocket docket.”

12.14.2012
Co-Author, Article
Corporate Compliance Insights

The article, co-authored by partner T. Markus Funk and associate Elizabeth M. Banzhoff, explores key aspects of the latest compliance regulations affecting businesses today and suggest basic steps that they recommend companies involved in foreign business take to avoid supply chain and other compliance problems.

12.05.2012
Author, Article
Inside Counsel

Against a rapidly-shifting anti-trafficking backdrop, this article examines the potential impact of a pair of powerful, little-known (and almost never associated) statutes—18 U.S.C. § 545 (prohibiting certain categories of smuggling) and 19 U.S.C. § 1307 (prohibiting importation of products made by or through forced labor).

11.21.2012
Author, Article
Inside Counsel

This article argues that the milestone Executive Order against trafficking in government contracting will have an immediate and significant impact on the more than 300,000 companies and organizations doing business (and who want to continue doing business) with the U.S. government, as well as on the hundreds of thousands of companies around the world that supply and otherwise provide services to these direct government contractors.

11.14.2012
Update

On November 14, 2012, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) issued their long-anticipated Resource Guide regarding the agencies’ enforcement of the Foreign Corrupt Practices Act (FCPA).

11.2012
Co-Author, Article
Law360

In this article, Pravin Rao, Lee Stein, Markus Funk, Bridget Minder, Caryn Trombino, Gina LaMonica, and Amy Chang analyzed the DOJ and SEC's new guidance on the Foreign Corrupt Practices Act (FCPA). The authors discussed that the long-anticipated guidance provided helpful clarifications and hypothetical case studies for corporate counsel, and yet is not binding on courts or even the agencies themselves. The article cautioned that corporate counsel remain cognizant that the guidance may change, perhaps even dramatically.

11.01.2012
Article
BNA-Bloomberg

Denver Partner T. Markus Funk and colleagues Paul O. Hirose and Elizabeth M. Banzhoff survey today’s key compliance challenges - from the recently-signed Executive Order on strengthening protections against trafficking in persons in federal contracts, the Business Transparency in Trafficking and Slavery Act, and the Securities and Exchange Commission’s rules on conflict minerals, to perennial compliance ‘‘hot topics’’ such as the Foreign Corrupt Practices Act, U.S. Travel Act, U.K. Bribery Act, and carbon copy prosecutions - point out that a small number of “risk aggregators” are responsible for the greatest risk exposure, and argue that compliance professionals, to be effective, increasingly must break out of their narrow subject-matter expertise.

10.29.2012
Article
Westlaw Journal (Government Contracts)

When the largest single purchaser of goods and services in the world — the U.S. government — puts its weight behind something, companies and organizations take notice. In their article, Partner T. Markus Funk and Navigant’s Mikhail Reider-Gordon point out that, on Sept. 25, the government announced in no uncertain terms that taxpayer dollars used for government contracting were no longer to support the global scourge of human trafficking.

10.25.2012
Update

Whether “Corporate Social Responsibility” (CSR) is a new phrase to your company or is something you have observed and worked on for years, these are perilous times indeed for companies with large, complex, global supply chains.

10.21.2012
Article
InsideCounsel Magazine

T. Markus Funk argues that the milestone Executive Order Against Human Trafficking in Federal Contracts will have an immediate and significant impact on the more than 300,000 companies and organizations doing business (and who want to continue doing business) with the U.S. government, as well as on the hundreds of thousands of companies around the world that supply and otherwise provide services to these direct government contractors. Businesses must come to grips with this new regulatory reality or risk severe business disruptions ... or worse.

10.01.2012
Blog post

Although there may be differences in opinion over the efficacy of the groundbreaking recent Executive Order’s anti-trafficking requirements, there can be little doubt that they will have an immediate and significant impact on the over 300,000 companies and organizations doing business (and who want to continue doing business) with the world’s largest purchaser or goods and services, namely, the U.S. government.

09.27.2012
"Want a Government Contract? Fight Human Trafficking"
Author, Article
Law360

On Sept. 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting. This article deconstructs the Executive Order and highlights the areas of greatest relevance to the business and legal community.

09.26.2012
Update

On September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting.

09.25.2012
Article
University of Chicago Legal Forum

Co-Authored with AUSA Andrew S. Boutros
This article examines this growing - but still largely under-recognized - international phenomenon of “carbon copy” prosecutions.  A country’s incentive to vindicate its own laws is not insubstantial, especially when a company or individual has already admitted, in a foreign proceeding, to having violated local law. The days of one-dimensional government investigations appear to be over. Duplicative, serial enforcement actions are now part and parcel of the enforcement landscape, despite a healthy ongoing debate over the need for, and fairness of, serial enforcements. Our prediction is that, as globalization makes the world smaller, what we call carbon copy prosecutions will increase in frequency, size, scope, and force.

09.14.2012
Article

In the morning hours of Aug. 22, law firms, boardrooms and compliance professionals around the globe were humming with anticipation (or perhaps more accurately, laboring under a chilly frisson of dread). The cause for this collective anxiety was the SEC’s much-anticipated – and much-delayed – announcement of the Dodd-Frank Act’s final disclosure and reporting rules concerning “conflict minerals.” This article, by Partner T. Markus Funk, examines the contours of the new rules from a retail perspective, and tries to answer the question of whether one man’s well-intentioned humanitarian effort has once again become another’s costly export of moral imperatives for difficult-to-achieve public policy objectives.

09.05.2012
Update

The Securities and Exchange Commission recently adopted final disclosure and reporting rules as mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act requiring certain public companies to disclose on a new Form SD their use of conflict minerals originating in the Democratic Republic of the Congo (the DRC) or an adjoining country.

08.28.2012
Article
Law360

Whatever one’s position on the public policy wisdom of the announced final rules, it is now clear that auditing complex supply chains and vetting difficult-to-control vendors, often located worlds away, has become the new corporate imperative. In the morning hours of Aug. 22, the Commission held its highly anticipated public meeting to announce its final Conflict Minerals Rules pursuant to Dodd-Frank Section 1502. Perkins Coie Partners Jean-Jacques Cabou and T. Markus Funk deconstruct the complex new rules, and provide practical "what next" advice for potentially impacted businesses.

07.01.2012
Article
ABA Litigation Journal

In recent years, Germany has assumed a leading position in the investigation and prosecution of foreign bribery cases.  In their article, "Germany's Increasingly Robust Anti-Corruption Efforts," T. Markus Funk and co-author Jess A. Dance examine the legal and enforcement developments fueling Germany's anti-bribery push.

06.27.2012
Update

Those working in today's in-house law departments or supervising global supply chains and third-party business partners have become sensitive to the significant dangers posed by not complying with the U.S. Foreign Corrupt Practices Act (“FCPA”).  The well-publicized recent events surrounding Wal-Mart's FCPA woes have only raised already-elevated anxiety levels.

06.15.2012
Chapter

Funk and Clark''s SEC Whistleblower Article Published in the ABA's The State of Criminal Justice 2012.

06.12.2012
Co-Author, Article
Westlaw Journal: White Collar Crime

Partners Jean-Jacques "J" Cabou, Jason Day, and T. Markus Funk examine the SEC's pending "conflict minerals" rules.  The authors provide a useful flow chart illustrating the proposed rules' logic and flow, and offer specific suggestions for how companies can get ahead of the curve and gauge what impact the anticipated rules are likely to have on their operations and compliance functions.

06.12.2012
Update

Earlier this year, Washington state legislators unanimously passed the nation's first criminal law requiring age verification for commercial sexual services advertisements depicting minors. The landmark law's goals are laudable, but its broad reach has some on-line service providers and traditional publishers concerned. For example, on-line service providers that allow users to post content and images on their sites, including on social networking sites, dating sites, discussion forums, blogs and chat rooms, could now face criminal exposure, even if they have absolutely no interest in placing, or permitting the placement of, such ads.

06.06.2012
Co-Author, Article

In their article, Partners T. Markus Funk and Al Gidari, together with Associate Nathan Christensen, discuss the nation's first-of-its-kind criminal law requiring online service providers and traditional publishers to conduct in-person age verification for certain adult service advertisements.  Although the law's objectives are unquestionably laudable, the authors examine the significant risks to which the law's broad reach exposes otherwise innocent OSP's and other publishers, and discuss the potential legal obstacles standing in the way of the law's enforcement.

05.18.2012
Author, Article

T. Markus Funk's article, "Marketing Opportunity to Business Imperative:  How Yesterday's 'Dolphin-Safe' Tuna Became Today's Child, Human Trafficking, and Slave Labor-Free Product," examines what companies can do to comply with the landmark California Transparency in Supply Chains Act, as well as its pending federal analog.

04.10.2012
Update

In the wake of the recent negative publicity deluge, including a segment on a national newsmagazine show, alleging labor violations including the use of child labor, safety violations and unfair pay practices, late last week Apple released a third-party report detailing problems and proposed solutions at one of its largest suppliers.

03.06.2012
Article
Bloomberg Law Reports

As this article discusses, a fresh wave of legislation designed to foster and promote what its backers alternatively describe as responsible corporate citizenship or corporate social responsibility is cresting on U.S. businesses’ shores - and this time the aim is to combat the world’s most serious forms of labor exploitation.  The requirements of substantial due diligence and disclosures, and the corresponding threat of negative publicity, shareholder and consumer protests and boycotts, and Federal Trade Commission Action for insufficient compliance, are all reasons that the vetting of global supply chains for evidence of human trafficking, forced labor, slavery, and child labor is current hot topic in corporate boardrooms and compliance offices.

02.24.2012
Author, Article

A fresh wave of legislation designed to foster and promote what its backers describe as responsible corporate citizenship/corporate social responsibility is cresting on US businesses shores—and this time the aim is to combat the world’s most serious forms of labor exploitation.  Effective January 1, 2012, the California Transparency in Supply Chains Act requires qualifying companies to detail and publicly disclose the nature and scope of their efforts to eradicate human trafficking, slavery, child labor, and forced labor from their worldwide supply chains.  This flow chart deconstructs the logic and flow of the California Act's detailed disclosure requirements.

02.23.2012
Author, Article

On the heels of the California Supply Chains Act is the "Business Transparency on Trafficking and Slavery Act" introduced in Congress on August 1, 2011. If the Act's Congressional sponsors prevail, it will nationalize (and expand) the California Act's requirements.  The pending federal Act, indeed, picks up the California Act's leitmotiv: "[T]he United States is the world's largest importer, and in the twenty-first century, investors, consumers, and broader civil society increasingly demand information about the human rights impact of products in the United States market."  The requirements of the pending Business Transparency on Trafficking and Slavery Act are summarized here.

01.30.2012
Author, Article
Bloomberg BNA

Funk's article uses practical decision trees and charts to deconstruct the operation of the FCPA, Travel Act, and UK Bribery Act.

01.27.2012
Co-Author, Article
Bloomberg BNA Patent, Trademark & Copyright Journal

Partners T. Markus Funk and Douglas L. Sawyer in their article discuss the pitfalls of the FCPA and emerging US Travel Act anti-bribery provisions in the IP context.

01.20.2012
Article
Law360

"In terms of going back to basics, the FCPA/Travel Act Intellectual Property decision tree uniquely traces out the key questions to be answered in any potential corruption case, and sets forth the flow, form and logic of FCPA and the Travel Act analysis [from the perspective of the Intellectual Property practitioner]."

01.12.2012
Article

"Simmering throughout 2011, the robust FCPA reform debate can now be divided into a number of distinct drafting and public policy battle fields. . . .  We examine (1) the core criminal law theory assumptions and (2) some of the public policy objectives driving the debate, including whether reforming the FCPA is advisable on public policy grounds, and the extent to which the position that foreign governments will view even modest FCPA reform as a signal to abandon wholesale their domestic anti-corruption efforts are justified."

01.06.2012

Funk and Trombino in their article break down the form, function, and flow of the FCPA and the UK Bribery Act.

01.06.2012
Co-Author (with The Hon. Virginia M. Kendall), Book

Rowman & Littlefield

01.03.2012

T. Markus Funk and M. Bridget Minder author "Bribery of Foreign Officials: The FCPA in 2011 and Beyond: Is Targeted FCPA Reform Really the “Wrong Thing at the Wrong Time”? in the Bloomberg Law Reports. The in-depth piece not only summarizes 2011 enforcement trends, but also addresses the arguments raised against the growing call for targeted FCPA reform.

01.02.2012
Chart

This chart examines the flow and logic of the FCPA/Travel Act's anti-bribery provisions through the lens of the Intellectual Property practitioner.

01.01.2012
Author, Article

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-ChairT. Markus Funk has drafted a novel and practical UK Bribery Act decision tree/"cheat sheet" sketching out the key analytical steps in evaluating a potential bribery situation and illuminating the Act's logic, function, and flow.

01.01.2012
Author, Article

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk and associate Jess A. Dance compiled a chart comparing and contrasting the FCPA to the UK Bribery Act, German Anti-Bribery Laws, Chinese Anti-Bribery Laws, and India's Prevention of Corruption Act.

12.14.2011

Perkins Coie Partner and ABA Global Anti-Corruption Task Force Co-Chair T. Markus Funk has drafted a very handy decision tree sketching out the key analytical steps in evaluating a potential bribery situation.

08.23.2011
Co-Author, Book

Facing the combined challenges of extreme poverty, high levels of crime and public corruption, and an outdated system of laws, Haitian lawyers grapple daily with problems unfamiliar to most of the world’s attorneys. Authored by Denver Partners T. Markus Funk and Douglas Sawyer, as well as Denver Associate Zane Gilmer, and produced in collaboration with the ABA Section of Litigation's Haiti Task Force and the International Senior Lawyers Project, the first-of-its-kind Haiti Trail Skills Manual provides the talented and enthusiastic Haitian attorneys of all backgrounds and areas of specialization with a broad, practical summary of the range of practical approaches geared to providing Haitian lawyers with the basic skills most useful in effectively representing a client’s interests.

07.2011
Author, Article
UN/ABA's Insights on Law & Society

Article examines the performance of the world's first permanent judicial body with the explicit mission of "bringing to justice the world's most notorious mass-criminals."

07.29.2011
Co-Author, Article
6 BNA White Collar Crime Report

Practitioners in the exploding field of corporate anticorruption compliance need little convincing that today we find ourselves in what Assistant Attorney General Lanny Breuer aptly characterized as ‘‘a new age of [significantly ramped-up U.S. and foreign anticorruption] enforcement.’’ Funk and Clark in their article (1) discuss how the SEC’s much-anticipated 2011 whistleblower rules fall within this enforcement paradigm, and (2) examine practical steps companies can take to ensure that their compliance efforts are effective and user-friendly, motivating potential employee-whistleblowers to report perceived problems internally first.

06.15.2011
Author, Article

This feature article from the current edition of The Champion examines an increasingly important obstruction provision -- 18 USC 1519 -- which is potentially at play in virtually all criminal cases, because it criminalizes "anticipatory" obstruction of justice (that is, attempts to hide or destroy evidence even if no federal investigation is on the horizon at the time of the allegedly obstructive conduct).

06.06.2011
"State of Criminal Justice 2011"
Author, ABA Book Chapter

The ABA invited Markus to author Chapter 5 of its The State of Criminal Justice, examining the Foreign Corrupt Practices Act.

05.26.2011
Update
This Update was republished as an article in the Securities Reform Act Litigation Reporter

On May 25, 2011, in a 3-2 vote, the U.S. Securities and Exchange Commission (“SEC”) adopted its final rules (“Rules”), as required under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or the “Act”). The Rules implement the SEC’s hotly anticipated new whistleblower bounty program that rewards individuals who provide the SEC with information leading to successful enforcement actions that exceed $1 million in monetary sanctions. Eligible whistleblowers can earn a payout of 10% to 30% of any monetary sanctions collected because of the tipster's information.

03.2011
Westlaw Journal/Andrews Litigation Reporter - White-Collar Crime Expert Analysis

Chicago may be known as the “Second City,” but Markus Funk contends that, in the white-collar world, the U.S. attorney’s office there announced a blockbuster case last summer that is peerless. That case, United States v. Wolff, stands as the nation’s largest ever anti-dumping and food fraud criminal prosecution.  Prosecutors’ aggressive use of the U.S. Code’s most powerful — and underappreciated — obstruction-of-justice statute promises to leave an  enduring legal imprint.

03.09.2011
Author, Article
Law360 Expert Analysis

In most recent FCPA cases, liability has attached indirectly, through the misconduct of foreign third parties, such as agents, intermediaries, consultants, joint venture partners, suppliers, distributors, local counsel, private equity companies and franchisees. As we move into 2011, all signals indicate such liability will be an increasing target, says T. Markus Funk.

03.07.2011
National Law Journal print and online editions

The UN Security Council recently referred the embattled Gadhafi regime to the International Criminal Court for investigation into its possible involvement in atrocity crimes.  Markus examines what the ICC's track record to date may tell us about the likely outcome of this historic Security Council referral.

02.07.2011
Co-Author
American Bar Association's Criminal Justice Section Newsletter

Markus Funk, together with co-author Caryn Trombino, conducts a critical comparative analysis of recent efforts to evaluate the  effectiveness of US anti-corruption/Foreign Corrupt Practices Act ("FCPA") efforts.  Specifically, Funk and Trombino compare and contrast the reports issued by the Organization for Economic Cooperation and Development ("OECD"), Transparency International, and the US Chamber of Commerce.

01.11.2011
Update

Many companies might be surprised to learn that the difficult to control acts of their foreign agents, intermediaries, consultants, joint venture partners, suppliers, distributors and even outside counsel, private equity portfolio companies and franchisees can result in—and, in fact, have resulted in—potentially devastating civil and criminal Foreign Corrupt Practices Act (FCPA) liability to the principal or parent company . . . even absent any evidence of the company’s actual knowledge of this misconduct. And all indications are that the government will ramp up its reliance on such third-party liability as we move into 2011 and beyond. This update examines the growing threat of third-party liability and how clients can, through precautionary steps tailored to the particular circumstances of the company, effectively fend off the potentially catastrophic effects of third-party liability.
Note: A full-length version of this Update appeared on January 14, 2011, in BNA's White Collar Crime Report (6 WCR 33)

01.03.2011
Author, Article
Bloomberg Law Reports

2010 was without question the FCPA's break-out year.  In his Bloomberg retrospective, Markus discusses (1) the major 2010 developments leading to this record-breaking performance, and (2) the key trends promising that 2011 will set a new standard in FCPA enforcement.

11.16.2010
Author, Article
"Insights from the Trenches"

American Bar Association Global Anti-Corruption Initiatives Task Force
Complying with the November 1, 2010, Sentencing Guidelines amendments both prevents liability through deterrence and rapid response, and mitigates the impact any misconduct may have. In this article, Markus discussed how to reap these benefits in four simple steps: Review, Revise, Hire, and Submit.  

11.10.2010
Guest Blogger (The FCPA Blog), Article

In this blog post, T. Markus Funk and Caryn Trombino examine recent criticism aimed at U.S. global anti-corruption efforts, as both the OECD and the U.S. Chamber of Commerce have offered specific proposals to amend or improve the FCPA. These proposals, as well as the recent drop in U.S. ranking on Transparency International's Corruption Perception Index, suggest that U.S. global anti-corruption efforts are still a work in progress.

11.05.2010
Article
Law360

After surveying the OECD's "Phase 3" review of U.S. global anti-corruption efforts, Markus concludes that U.S. diplomatic pressure, buoyed by the OECD's encouraging findings, signals an era of continued domestic and international efforts to stem the tide of global corruption. Companies that fail to appropriately adapt to this new enforcement reality risk exposure not only to massive fines and financial penalties, but also to stiffening criminal sanctions. 

11.03.2010
Update

Effective November 1, 2010, the U.S. Sentencing Commission has changed how fines for companies are calculated under the U.S. Sentencing Guidelines. The inquiry has now shifted away from the (mis)conduct of the company’s high-level personnel and toward the effectiveness of the company’s compliance and ethics program.

11.02.2010
Guest Blogger (White Collar Crime Professor Blog), Article

Invited to be a Guest Blogger, Markus Funk dissects the findings of the highly-anticipated October 21, 2010, Organization for Economic Cooperation and Development (OECD) "Phase 3" report evaluating global U.S. anti-corruption efforts.

10.31.2010
Guest Blogger (White Collar Crime Professor Blog), Article

Invited to be a Guest Blogger, Markus Funk dissects the findings of the highly-anticipated October 21, 2010, Organization for Economic Cooperation and Development (OECD) "Phase 3" report evaluating global U.S. anti-corruption efforts.

10.29.2010
Guest Blogger (White Collar Crime Professor Blog), Article

Invited to be a Guest Blogger, Markus Funk dissects the findings of the highly-anticipated October 21, 2010, Organization for Economic Cooperation and Development (OECD) "Phase 3" report evaluating global U.S. anti-corruption efforts.

10.27.2010
Guest Blogger (White Collar Crime Professor Blog), Article

Invited to be a Guest Blogger, Markus Funk dissects the findings of the highly-anticipated October 21, 2010, Organization for Economic Cooperation and Development (OECD) "Phase 3" report evaluating global U.S. anti-corruption efforts.

10.25.2010
Update

The OECD has criticized other signatory nations for not living up to their anti-bribery obligations, and in its just released report also identifies certain discrete areas for U.S. improvement. But the bottom line message is that the U.S. government is a leader in anti-corruption enforcement.

10.25.2010
Guest Blogger (White Collar Crime Professor Blog), Article

Invited to be a Guest Blogger, Markus Funk dissects the findings of the highly-anticipated October 21, 2010, Organization for Economic Cooperation and Development (OECD) "Phase 3" report evaluating global U.S. anti-corruption efforts.

10.15.2010
Author, Article
Law360

In this article, T. Markus Funk examines the historic charges recently lodged in United States v. Alexander Wolff, et al., the largest food fraud and anti-dumping criminal prosecution in U.S. history. The Government set the stage for what it undoubtedly hopes will be a convincing public test of the prosecutive powers of Section 1519’s powerful, but surprisingly little-understood, obstruction of justice provision, providing a glimpse of what could well be the next pivotal battlefield in the Government’s stepped-up war against white collar offenders.

10.08.2010
Author, Article
BNA White Collar Crime Report, (5 WCR 711)

The U.S. has introduced the world to its newest weapon in this anti-bribery fight, namely, the Dodd-Frank Act’s scheme of enhancing law enforcement’s evidence-gathering capacity via substantial "finder’s fees" for successful whistleblowers. In this article, Markus Funk argues that the U.S., in so doing, has once again raised the international anti-corruption enforcement bar. Moreover, considering the U.S.’s leadership position among signatory states to the Organization for Economic Co-Operation and Development’s (OECD’s) 1997 Anti-Bribery Convention, the Dodd-Frank Act is likely to spawn analogues in other parts of the world.

09.09.2010
Article
BNA White Collar Crime Report, (5 WCR 640)

In this article, T. Markus Funk concludes that the historic Dodd-Frank Wall Street Reform and Consumer Protection Act’s potentially huge financial rewards for Foreign Corrupt Practices Act (“FCPA”) whistleblowers, combined with enhanced protections against retaliation, provide a major boost to the U.S. Government’s already ramped-up anti-corruption efforts.  The emergence of this fortified program, coupled with the Government’s increasingly intensified efforts to aggressively prosecute FCPA violators, heralds an era of substantially increased FCPA prosecutions.  These developments serve to further highlight the vital role that robust and updated FCPA and anti-corruption compliance programs, including investigations work plans which seek to anticipate potential problem areas by being tailored to match individual business models, must play for companies with operations outside the U.S.

04.14.2010
Book
Oxford University Press

First-of-its-kind book concerning the international Criminal Court. Former U.S. Ambassador-at-large for War Crimes, David Scheffer, reviewed book as "must-read" and "ground-breaking."

2006
Book
U.S. Department of Justice

Remains most-cited legal authority in Kosovo annotated code.

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