T. Markus Funk

Markus 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.

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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.