Concentration

White collar criminal defense, internal investigations and general civil litigation

Summary

Mark Miller’s practice focuses on white collar criminal defense, corporate investigations and complex civil litigation. He has represented corporations and individuals in federal grand jury investigations, SEC enforcement actions, Justice Department investigations, and in federal prosecutions, both in trial courts and on appeal. His criminal defense experience includes the areas of fraud, antitrust, and food and drug, and he has substantial experience in the Foreign Corrupt Practices Act. He has conducted internal investigations, developed corporate compliance programs, conducted due diligence and provided counseling to clients on a broad range of FCPA matters.

Mr. Miller also has broad experience in complex civil litigation at both the trial and appellate levels.

Following law school, Mr. Miller served as a law clerk to the Honorable A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit.

Representative Engagements

• Represented Halliburton in an investigation by the U.S. Department of Justice and Securities and Exchange Commission, the UK Serious Fraud Office, and the law enforcement authorities of other jurisdictions into alleged improper payments in connection with the construction and expansion of an LNG facility in Nigeria
• Represented major U.S. corporations in criminal antitrust grand jury investigations
• Conducted internal investigations for major U.S. corporations into potential FCPA violations in many countries around the world, including India, China, Singapore, Indonesia, Malaysia, Brunei, Kazakhstan, Azerbaijan and Nigeria
• Conducted anti-corruption due diligence for major U.S. corporations in connection with proposed corporate acquisitions in Russia and Malaysia
• Conducted anti-corruption due diligence for major U.S. corporation in connection with proposed joint venture in China
• Represented Russian corporation in connection with proposed joint venture with U.S. corporation
• Represented Halliburton in obtaining favorable FCPA opinion letter from the Department of Justice
• Provided FCPA risk assessment of foreign field offices in Africa and Asia for major U.S. corporation
• Developed FCPA compliance programs for major U.S. corporations and provided counseling to others in updating and enhancing their compliance programs
• Conducted FCPA due diligence for major U.S. corporations on prospective commercial agents in many countries in the Middle East, Africa, South America and Asia
• Conducted internal investigation for a major U.S. corporation into potential government-contracting fraud in Iraq

Publications, Speeches and Presentations

Publications

• “The Witness Interview Process,” Internal Corporate Investigations, 2007 (co-author Randall J. Turk)
• “Anti-Corruption Risk Assessment and the U.K. Bribery Act 2010,” BNA Corporate Counsel Weekly, January 11, 2012
• “More Questions Arise Regarding the U.K. Bribery Act 2010,” BNA White Collar Crime Report, December 16, 2011
•  “The U.K. Bribery Act 2010 — Enforcement Is the Rest of the Story,” BNA White Collar Crime Report, April 22, 2011
• “Foreign Corrupt Practices Act Opinion Procedure: DOJ’s Speed Improves, ”National Law Journal, August 4, 2008
• “Corruption Cases Go International,” National Law Journal, March 26, 2007
• “What Every Lawyer Should Know About the FCPA,” ABA Securities Litigation Journal, Winter 2007
• “Foreign Corrupt Practices Act: Reconsider DOJ Policy,” National Law Journal, December 11, 2006
• Note, “A Privileged Character? The President and Joint Defense, ”Georgetown Law Journal, June 1997

Presentations

• “Critical Issues in Antibribery, Risk & Crisis Management: The Dawn of a New Era in Compliance and Enforcement” (Panel Chair), Georgetown University Law Center — Corporate Counsel Institute, Paris, France, June 16, 2011
• “Overcoming FCPA Compliance Problems in the Middle East,” FCPA Compliance in Emerging Markets (ACI), Washington, D.C., June 10, 2010
• “Foreign Corrupt Practices Act: Update,” ALI-ABA, Webcast and Teleseminar, December 10, 2009
• “Foreign Corrupt Practices Act,” Business Beyond Our Borders: US Companies with Global Exposures Forum, McLean, Virginia, October 29, 2008
• “The DOJ’s Opinion Release Procedure: How Does it Work and What Do You Get?” TRACE Forum, Washington, D.C., October 7, 2008

Book Reviews

• Bush v. Gore: The Question of Legitimacy, edited by Bruce Ackerman,National Review, September 2, 2002
• Breaking the Deadlock by Richard Posner, and Supreme Injustice by Alan Dershowitz, National Review, September 3, 2001
• The Man Who Was Whizzer White: A Portrait of Justice Byron R. White by Dennis J. Hutchinson, and Cardozo by Andrew L. Kaufman, The Wall Street Journal, July 16, 1998
• Out of Order: Arrogance, Corruption, and Incompetence on the Bench by Max Boot, National Review, June 22, 1998
• The Dissent of the Governed: A Meditation on Law, Religion, and Loyalty, and Civility: Manners, Morals, and the Etiquette of Democracy by Stephen L. Carter, The Weekly Standard, May 11, 1998
• The World of Benjamin Cardozo: Personal Values and the Judicial Process by Richard Polenberg, The Washington Times, January 4, 1998
• Beyond All Reason: The Radical Assault on Truth in American Law by Daniel Farber and Suzanna Sherry, National Review, December 8, 1997
• Supreme Court Roundup: Chief Justice: A Biography of Earl Warren by Ed Cray; Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991 by Mark Tushnet; and Reason and Passion: Justice Brennan’s Enduring Influence, edited by E. Joshua Rosenkrantz and Bernard Schwartz, The Wall Street Journal, July 24, 1997