Cartel - Government Investigations & Litigation

Miller & Chevalier's Criminal Antitrust Investigations Group defends companies and executives in criminal cartel investigations and related litigation. The team, which includes a former federal U.S. prosecutor, has extensive experience in antitrust criminal enforcement in the United States. We are forceful and persuasive advocates. Our goal in each case is to convince government investigators – both in the United States and abroad – not to take action against our clients. A vigorous, fact-based defense is at the heart of every case we handle. Recent experience includes the defense of companies and executives in the multi-jurisdictional investigations of the air cargo and freight forwarding industries, the auto parts industry and the generic drug industry.

Our team has extensive experience handling cases involving allegations of both domestic and global conspiracies to fix prices, rig bids and divide markets. We are adept at handling the unique challenges of global investigations, including accessing documents and evidence abroad, interviewing individuals and navigating privilege and data privacy laws. In particular, we are sensitive to cultural and language differences that are often involved in conduct that is investigated by regulators in multiple countries.

The vast majority of criminal cartel cases are resolved through plea agreement rather than going to trial. Our team has successfully resolved cartel cases on behalf of companies and executives to their benefit without the burden and expense of going to trial. We have convinced the DOJ to drop charges against our clients, negotiated fines far below those imposed in similar cases, and mitigated any collateral consequences to our clients, including tax liability. In addition, we have developed strong relationships with select local counsel in the other countries that are investigating the allegations and work seamlessly with them to craft a unified defense across the globe.

Representative Engagements|View All

Corporations

  • Defending a client in Brazil's investigation of cartel activity in the freight-forwarding industry. As part of the investigation in Brazil, members of the Cartel practice oversee a team of local lawyers and direct the company's defense in order to ensure the company is taking a consistent approach around the world.
     
  • Obtained a nolo contendere (no contest) plea for a client involved in the DOJ's cartel investigation in the air cargo industry. A nolo plea -- under which the company would not contest the facts of the indictment, but also would not plead guilty to the underlying offense -- is rare and had not been allowed in an antitrust case for almost 20 years.
     
  • Secured a declination to prosecute for a corporate client involved in the DOJ's cartel investigation into the freight-forwarding industry. The investigation required the team to handle the cross-border collection of documents and data in response to subpoenas and document requests from around the globe.

Individuals

  • Successfully represented a mid-level executive in a DOJ investigation into price-fixing, bid-rigging and market allocation in the polyester staple industry. The client was a target of the investigation which yielded guilty pleas from other individual and corporate defendants, but after a coordinated defense declination presentation, DOJ decided not to indict the client, his employer, or other individuals employed by the company.
     
  • Preparing a vigorous defense of a Japanese executive who has been carved out for possible prosecution in the DOJ's auto parts cartel investigation. The client was previously represented by another firm but recently retained Miller & Chevalier. After analyzing evidence provided by the government and company counsel, and after collecting additional documents and information, the team has developed several strong defenses that previously were overlooked.
     
  • Representing an individual carved out by the DOJ in the ongoing auto parts cartel investigation in an effort to convince the government not to prosecute the individual.
Government Experience
  • Assistant United States Attorney, District of Columbia
  • Chief, Criminal Enforcement Section (Southern), Tax Division, U.S. Department of Justice
  • Counsel to the Assistant Attorney General - Tax (Criminal Tax), U.S. Department of Justice
  • Senior Investigative Counsel, Special Committee on Investigations, U.S. Senate
  • Assistant United States Attorney (Criminal and Civil Divisions), Eastern District of Pennsylvania
  • Trial Chief, Public Defender Service for the District of Columbia
  • Chief, Special Litigation Division, Public Defender Service for the District of Columbia
  • Trial Attorney, Public Defender Service for the District of Columbia
  • Assistant Federal Public Defender, Maryland
  • Assistant Federal Public Defender, Las Vegas, Nevada
  • Director of Training, and Trial Attorney, Public Defender Service for the District of Columbia
  • Assistant United States Attorney, District of Columbia
  • Assistant United States Attorney, Civil Division of the U.S. Attorney's Office for the District of Columbia
  • Deputy Independent Counsel appointed to investigate Attorney General-designate Edwin Meese III
Corporate Experience
Rankings and Recognition
  • Chambers Global: Corporate Crime & Investigations (USA), 2015 
  • Chambers Global: Fraud & Corporate Investigations (Latin America-wide), 2015 - 2016 
  • Chambers USA: Corporate Crime & Investigations (National), 2015 - 2016
  • Chambers USA: Litigation: White-Collar Crime & Government Investigations (District of Columbia), 2011 - 2016
  • Chambers Latin America: Fraud & Corporate Investigations (Latin America-wide), 2015 - 2017
  • Legal 500: Antitrust: Cartel (US), 2015 - 2016 
  • Legal 500: Dispute Resolution: White-Collar Criminal Defense (US), 2011 - 2016
  • Global Investigations Review: GIR 30 Top Global Investigations Practice, 2015 - 2016
  • Global Investigations Review: Boutique or Regional Practice of the Year, 2016 
  • Latin Lawyer Anti-Corruption Survey: Top Law Firm, 2013
  • U.S. News - Best Lawyers® "Best Law Firms": Criminal Defense: White-Collar (District of Columbia), 2010 - 2016
Clerkships