Kevin Muhlendorf

Practice Areas

Kevin’s practice focuses on securities fraud, defense procurement fraud, health care fraud, commodities fraud, and Foreign Corrupt Practices Act (FCPA) matters. As a former Assistant Chief in the Fraud Section of the Criminal Division of the U.S. Department of Justice (DOJ) and Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Kevin has a unique experience he brings to defending complex, and often overlapping, civil and criminal enforcement investigations involving DOJ, SEC, Commodity Futures Trading Commission (CFTC) and other financial regulatory authorities. He relies on his extensive prosecutorial experience to develop innovative compliance, investigative and trial strategies.

Career

Adjunct Professor, Complex Securities Investigations, Georgetown University Law Center (2015-Present); U.S. Department of Justice, Criminal Division, Fraud Section, Securities and Financial Fraud Unit, Assistant Chief (2013-2016, Trial Attorney (2010-2013); Special Assistant United States Attorney, U.S. Attorneys Office for the Eastern District of Virginia (2010-2013); Senior Counsel, U.S. Securities and Exchange Commission, Enforcement Division (2004-2010); Litigation Associate (2000-2004)

Professional Memberships

American Bar Association, Criminal Justice Section, White Collar Crime Committee; District of Columbia Bar; International Association of Independent Corporate Monitors (IAICM); Edward Bennett Williams Inn of Court; The Virginia Bar Association

Publications

DOJ Fraud Section's 2022 By The Numbers - Law360

Experience

Advising public and private entities on Environmental, Social and Governance (ESG) initiatives.

Obtained declination for executive from DOJ Fraud Section in insider trading investigation related to public company acquisition.

Representing large infrastructure products manufacturer in DOJ Antitrust Division investigation.

Representing multiple executives in consumer products related investigation by DOJ Consumer Protection Branch.

Representing Fortune 500 executives in SEC and DOJ government contracting and accounting fraud investigation.

Represented bitcoin-based trading platform in SEC/CFTC suits and related DOJ forfeiture action.

Representing individuals in SEC GameStop Corporation investigation.

Represented United States Senator in insider trading investigation by DOJ, SEC, and Senate Ethics Committee.

Represented individual in DOJ FCPA investigation involving South American entities.

Represented individual in joint DOJ and SEC FCPA investigation involving Mexican entity.

Represented executive in insider trading investigation by New York Attorney General’s Office.

Representing physician in DOJ and U.S. Department of Health & Human Services (HHS) Office of Inspector General health care fraud and off label marketing investigation.

Defending executive in DOJ and SEC pharmaceuticals industry insider trading investigation.

Routinely investigated and prosecuted cases at DOJ and SEC involving securities fraud, bribery and public corruption, accounting fraud, benchmark rate fixing, insider trading, bank fraud, procurement fraud, compliance with grant rules and regulations, the FCPA, and money laundering.

Coordinated national and international fraud investigations and prosecutions with domestic and international regulators, U.S. Attorney’s Offices, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and various Inspectors General.

Obtained convictions in numerous multi-week jury trials in federal district courts across the country. Successfully briefed and argued cases in appellate courts.

Education