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T. Markus Funk Ph.D.

T. Markus Funk
T. Markus Funk
Partner

T. Markus Funk Ph.D.

Markus is a highly regarded former federal prosecutor who represents public company boards, audit committees, companies, and executives in complex and sensitive commercial litigation matters, as well as in anticorruption, fraud, and related internal and government investigations.

Markus Funk has represented clients in some of the most consequential and highly publicized cases in the United States and abroad.

Markus Funk has successfully tried dozens of federal and state civil and criminal jury cases, briefed and argued more than 20 federal appeals nationwide, directed more than 400 investigations, and argued more than 700 in-court evidentiary hearings and other contested proceedings. He is a former federal prosecutor who represents public company boards, audit committees, companies, and executives in complex commercial litigation matters and in anti-corruption, fraud, and related internal and government investigations.

Markus' clientele and cases reflect the high caliber of his work. He conducts sensitive internal investigations for a diverse range of U.S. and international institutions, from NFL franchises and Fortune 50 companies to nonprofits and higher education institutions. He is frequently sought after to lead complex litigation and business disputes for high-profile clients, including companies of all sizes, federal judges, Nobel laureates, corporate executives, A-list celebrities, diplomats, professors, audit committees and boards, U.S. and foreign politicians, and professional athletes.

During his public service, Markus and his team prosecuted Operation Family Secrets, a landmark investigation into organized crime activity in Chicago described by NPR as "one of the most important criminal investigations . . . in American history" (the defendants in the case were portrayed in the 1995 Martin Scorsese movie Casino). At the time of his departure from the U.S. Department of Justice (DOJ), the Chicago Sun-Times described Markus as a "street-smart prosecutor with an Oxford pedigree."

One federal judge, commenting to a reporter, offered that Markus "has this unbelievable global perspective that is very rare in U.S. legal analysis." Another, referencing Markus' work as a federal prosecutor, commented that Markus "became a hero to the FBI and law enforcement agencies."

A fellow of the American Law Institute, Markus received both the DOJ's prestigious Attorney General's Award for the nation's top trial performance and the U.S. State Department's Superior Honor Award for his two years of service as the DOJ Section Chief in post-conflict Kosovo.

Markus' influence extends beyond his legal practice. He is a recognized thought leader in criminal law, commercial disputes, compliance, and trial techniques. The author of 11 books and more than 200 articles, institutions including the U.S. Senate, the DOJ, Oxford University, the Vatican, Harvard Law School, Yale Law School, the University of Chicago, the New York City Office of the Mayor, the FBI, and the World Bank Group regularly invite Markus to speak on cutting-edge compliance, litigation, anti-bribery, and internal investigation issues.

Markus' background as a German-American dual national, coupled with his international experience, brings a distinct perspective to his legal practice. He earned a Doctor of Philosophy in law from Oxford University, where he began his career as a law lecturer and was a member of the varsity tennis team. Markus served as a law clerk to the Hon. Morris S. Arnold of the U.S. Court of Appeals for the Eighth Circuit and to Judge Catherine Perry of the U.S. District Court for the Eastern District of Missouri. Prior to his legal career, he worked as a ski tech and late-night clerk at the Super 8 Motel in Steamboat Springs, Colorado.

Litigation

Markus is an experienced trial and appellate attorney, having successfully tried more than 20 federal and state jury trials (most as first chair). He acted as lead counsel in more than 500 in-court evidentiary hearings and other contested proceedings. His recent successful representations in private practice for small, medium, and large publicly-traded companies have ranged from products liability, contract, counterfeiting, fraud and theft, 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. He has led numerous internal investigations and subsequent self-disclosures to U.S. and foreign enforcers and regulators, including the DOJ, SEC, and U.K. Serious Fraud Office. He represents individuals and companies in high-stakes, complex Foreign Corrupt Practices Act, U.K. Bribery Act, U.S. Travel Act, insider trading, fraud, healthcare, fiduciary duty, import/export, customs, Office of Foreign Assets Control, export control, cybercrime, False Claims Act, defamation, and other high-profile matters.

Corporate Social Responsibility and Supply Chain Compliance

Markus established and co-chairs the firm's Corporate Social Responsibility and Supply Chain practice (the first such focused practice among the Am Law 100) and is a recognized leader in the areas of supply chain compliance and the business community's efforts to fight human trafficking and 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.

Investigations and White Collar Counseling

Markus and his team led numerous disclosures and referrals to various federal and state government branches, have successfully resolved various Foreign Corrupt Practices Act 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. He also recently obtained a sentence of probation for a mortgage fraud client involved in a multimillion-dollar mortgage fraud conspiracy.

U.S. Government Service

From 2000 to 2010, 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. Operation Family Secrets 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 DOJ's most exclusive award for demonstrated courtroom and litigation ability.

From 2004 to 2006, Markus served as the DOJ resident legal advisor for post-war Kosovo, helping oversee the United States' multimillion-dollar efforts to bring the rule of law to the 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 spearheaded 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 conferred by the state department.

He receives regular invitations from governments, institutions, and individuals, including the Department of Justice, 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, Yale Law School, and Harvard University to speak on legal issues and address lay and professional audiences.

Education & Credentials

Education

  • University of Oxford, Ph.D ("DPhil")
  • Northwestern University Pritzker School of Law, J.D., Senior Research Honors, Book Review Editor and Articles Editor, Journal of Criminal Law & Criminology, 1995
  • University of Illinois at Urbana-Champaign, B.S. & B.A., summa cum laude, Phi Beta Kappa, Bronze Tablet, 1992

Bar and Court Admissions

  • Colorado
  • Illinois
  • District of Columbia
  • Supreme Court of the United States
  • 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 District of Colorado
  • U.S District Court for the Eastern District of Missouri
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Northern District of Illinois - Trial Bar

Related Employment

  • Government Service:

    Assistant U.S. Attorney, Chicago, 2000-2010

    Resident Legal Advisor, DOJ and U.S. State Department, 2004-2006

  • Teaching Appointments:

    The University of Colorado-Boulder (FCPA/Supply Chain), 2016-present

    Denver University School of Law (International Criminal Court Law), 2011

    The University of Chicago Law School (International Law), 2010

    DOJ's National Advocacy Center (Racketeering), 2009

    Loyola University (Organized Crime), 2009

    Northwestern University School of Law (Criminal Procedure), 2002-2009

    University of Arkansas - Little Rock (Criminal Law & Habeas Corpus), 2000-2001

    Oxford University (U.K. and Comparative Criminal Law), 1997-1999

Clerkships

  • T. Markus Funk Ph.D. > Clerkships, U.S. Court of Appeals for the Eighth Circuit
  • T. Markus Funk Ph.D. > Clerkships, U.S. District Court for the District of St. Louis

Professional Recognition

  • Received the University of Illinois Alumni Lifetime Achievement Award, 2023

  • Listed in Chambers Global Guide, for FCPA, 2021-2024

  • Ranked in Chambers USA, "America's Leading Litigation Lawyers" and "America’s Leading White Collar Lawyers," 2012-2024

  • Best Lawyers in America: Criminal Defense: White-Collar, 2021-2024

  • Named one of “World’s Leading White Collar Practitioners” by Euromoney’s White Collar Crime Expert Guide, 2018

  • Received the Burton Award for Legal Achievement, 2018

  • Named one of "The 2016 Leading Lawyers in America," by The Lawdragon 500, 2016

  • Named “Best Overall Litigator” by Law Week Colorado, 2015

  • American Law Institute, Member, 2015 (Regional Advisory Group member since 2023)

  • American Bar Foundation, Fellow, 2015

  • Named Colorado White Collar Lawyer of the Year by Corporate LiveWire, 2015

  • Named “Top Litigator Finalist” by Law Week Colorado, 2015

  • 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

  • Nominated as one of “10 Best Attorneys for the State of Illinois,” American Institute of Criminal Law Attorneys, 2014

  • Invited Fellow, Litigation Counsel of America (Trial Lawyer Honorary Society), 2013-present

  • Named a Colorado and Illinois "Super Lawyer," by Super Lawyers, 2012-2024

  • Rated superb (10.0/10.0) on Avvo.com, 2010-present

  • Named "Colorado Lawyer of the Year," by Law Week Colorado, 2012

  • Named the "Barrister’s Best" (#1) Corporate/Compliance Lawyer In Colorado, 2012

  • 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

  • "AV Peer Review Rated – Preeminent in Ethical Standards and Legal Ability" by Martindale-Hubbell, 2012-2015, 2018-2019, 2021(AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)

  • *The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law and no certificate, award or recognition is a requirement to practice law in Illinois.

Impact

Professional Leadership

  • International Academy of Financial Crime Litigators, Fellow, 2023-present
  • Perkins Coie Founding Firmwide Co-Chair, Supply Chain Compliance Practice, 2011-present
  • Perkins Coie Firmwide Chair, White Collar & Investigations Practice, 2017-2021
  • American Law Institute, Fellow & Member of Regional Advisory Group, 2015-present
  • ABA Section of International Law Anti-Corruption Committee, Vice Chair, 2014-present
  • National Association of College and University Attorneys (NACUA), Member
  • National Association of College and University Attorneys (NACUA), CLE Committee, Subcommittee on Online Programming, Member, 2021-present
  • ABA Section of International Law Corporate Social Responsibility Committee, Co-Chair, 2012-2014
  • ABA President's Task Force on Human Trafficking, Member, 2012-present
  • German American Lawyers Association (“Deutsch-Amerikanische Juristen-Vereinigung”), Member, 2012-present
  • ABA Global Anti-Corruption Committee, Founding Co-Chair, 2010-present
  • BNA-Bloomberg Legal and Business Advisory Board, Member, 2010-present
  • Special Advisor to the ABA Criminal Justice Section Council, 2012-2014
  • ABA Business Law Section Working Group on Human Trafficking, 2012-2014
  • ABA Special Advisor to the Uniform Law Commission project on Human Trafficking, 2011-2014
  • ABA Litigation Magazine, Editorial Board Member, 2010-2014
  • ABA Corporate Social Responsibility and Forced Labor Task Force, Co-Chair, 2012-2013
  • ABA Haiti Task Force, Member, 2009-2012 (author of the Haiti Trial Skills Handbook)
  • ABA Section of Litigation Special Committee on Human Trafficking, Co-Chair, 2008-2010
  • ABA Section of Litigation Kosovo Task Force, Co-Chair, 2008-2010
  • ABA Darfur Task Force, Member, 2007-2009

Community Involvement

  • Meadow Creek Water Conservancy District, Vice-President, Treasurer, and Secretary, 2012-present
  • Western Stock Show Association, Member, 2024-present
  • Mitchell A. Mars Foundation, Board Member, 2008-present
  • Denver Art Museum, Westerners Board, 2020-present
  • Recipient, National Service to Youth Award (Presented by Boys & Girls Clubs of America), 2018
  • Boys & Girls Club of Metro Denver, Board Member, 2012-2018

Professional Experience

Representative Experience

Anti-Bribery/Anti-Corruption

Regularly conduct internal investigations and guide strategic disclosures to the U.S. Department of Justice and the SEC, as well as the U.K. Serious Fraud Offices and other foreign regulators and enforcers. In the past five years, led investigations in more than 20 countries on six continents

Appellate Challenges

Successfully briefed/argued more than 40 civil and criminal appeals in federal and state courts around the country, including in the U.S. Supreme Court.

Due Diligence

Regularly advise clients in all industries and of all sizes on pre and post-acquisition due diligence issues.

Commercial Litigation

Named Colorado’s “Best Overall Litigator in 2015," Markus regularly litigates matters of all kind (up to and including at the trial level) on behalf of companies of all sizes.

Corporate Social Responsibility/Trafficking/Forced Labor Advice

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

Defamation

Successfully pursued a defamation suit on behalf of Westwood College against class action lawyers who made derogatory comments about the college outside of the litigation.

Department of Commerce and FBI Export Controls Investigation

Successfully counseled high-tech company during U.S. Department of Commerce and FBI export controls investigation and counseled foreign government's ministry of commerce in export control dispute.

Employment Conflict

Successfully represented individual in employment conflict with former German employer.

Fraud

Prevent, detect, investigate, and remediate fraud against companies of all sizes and in all geographies.

Healthcare

Conducted investigations into suspected healthcare fraud by individuals and organizations as a prosecutor, and regularly represent individuals and organizations in healthcare investigations in private practice.

Higher Education Investigations

Engaged by the University of Colorado to conduct an internal review relating to former student and “Colorado theater shooter” James Holmes and by Ohio State University to investigate allegations of sexual abuse by former team physician Richard Strauss.

Insider Trading

Successfully represented prominent Rocky Mountains businessman in insider trading case brought by the DOJ.

Internal Investigations and Reviews

Regularly conduct internal fraud and embezzlement, bribery, sexual misconduct, and other types of internal investigations and reviews for companies of all sizes and in all industries.

Monitorships

Represented the World Bank Group and Unik Construction Engineering (PTY) Ltd., a construction company based in South Africa in the recent lifting of World Bank Group sanctions that were imposed on Unik in 2013 after World Bank debarred Unik for engaging in certain fraudulent activity. In 2014, the World Bank Group selected Perkins Coie to serve as a monitor and advisor to Unik.

OFAC Violations

Represented a major university faculty chair during a U.S. Department of Homeland Security investigation into possible FCPA and OFAC violations.

Products Liability Litigation Matters

Provided counsel and represent clients in multiple major global products liability litigation matters and achieved $6 million jury verdict in landmark Miami jury trial against a Fortune 20 company.

Sexual Harassment & Abuse Temporary Restraining Orders and Injunctions

On behalf of a Fortune 50 company, persuaded court to deny TRO lodged against employees (and obtained attorney’s fees).

Trial

The recipient of the DOJ’s highest trial honor, Markus regularly prepares matters for trial (and most recently won a $6 million jury trial against a Fortune 50 company).

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