Mark D. Chutkow

Government Investigations & White Collar Criminal Defense

• Represented multinational public and private companies in complex federal grand jury investigations and prosecutions alleging fraud, antitrust violations, and safety violations.
• Represented physicians, scientists, and other professionals in federal and state criminal investigations and prosecutions, including the dismissal with prejudice of all charges, after jury selection, against a research scientist accused of defrauding NIH of millions of dollars in federal grant funds.
• Successfully defended an elected township official against felony computer-crime charges, obtaining dismissal of all charges shortly before trial.
• Represents the former CEO of a $400 million company in connection with fraud allegations following the executive’s termination.
• Represented victims and key witnesses in complex federal fraud prosecutions involving large financial institutions, national nonprofit organizations, and healthcare businesses.
• Represented a key witness in the Department of Justice’s landmark Google antitrust case.

State Attorney General Enforcement

• Represents the CEO of a state economic development agency in a state attorney general investigation alleging the fraudulent administration of a $20 million grant.
• Represented the North American subsidiary of a Japanese plastics manufacturer in PFAS-related environmental litigation hailed as a landmark enforcement case by the Michigan Attorney General.
• Represented multinational public company and utility company in state attorney general investigations of dark money campaign contributions.
• Represent key witness in state attorney general prosecution of former state speaker of the house.

False Claims Act & Healthcare Fraud

• Represented a regional dermatology practice with 12 clinics in two states in a “bet-the-company” False Claims Act action alleging Medicare billing violations. Following extensive litigation, the case settled for $5.25 million after an initial demand of $120 million.
• Represented a multinational healthcare company in a False Claims Act lawsuit brought by the U.S. Department of Justice, seven state attorneys general, and qui tam relators concerning alleged FDA regulatory violations at a manufacturing facility.
• Defended a national mortgage lender in a False Claims Act and qui tam action alleging multimillion-dollar Paycheck Protection Program loan fraud, persuading the Department of Justice to decline intervention and securing dismissal of the case.
• Represented real estate investment companies in a False Claims Act investigation involving Emergency Rental Assistance Program funds, persuading the Department of Justice to decline intervention and dismiss the matter.

Internal Investigations

• Conducted internal investigations involving C-suite executives and employees of global manufacturing companies concerning allegations of executive embezzlement, misappropriation, self-dealing, conflicts of interest, breaches of fiduciary duty, misstatements to investors, false and misleading earnings reports, extortion, and misuse of proprietary company information.
• Conducted an internal investigation for a national health system involving allegations of physician criminal misconduct, related law enforcement inquiries, and compliance issues.
• Conducted sensitive internal investigations for public entities, private organizations, and national nonprofit organizations involving elected officials, executive and employee misconduct, ethics violations, governance concerns, financial improprieties, and affiliated entities.
• Conducted an internal investigation for a Michigan municipality involving allegations of misconduct by sitting elected and appointed officials and advised the municipality regarding the investigative findings and related governance issues.

Regulatory Compliance & Government Counseling

• Assisted multinational public and private companies with regulatory compliance, internal investigations, government investigations, and matters arising under the National Traffic and Motor Vehicle Safety Act, Foreign Corrupt Practices Act, and federal and state environmental protection laws.
• Advised a medical device startup on healthcare regulatory compliance, employment matters, corporate governance, and business risk management.

Representative Government and Prosecutorial Experience

• Diesel Emissions: Supervised in the investigation and prosecution of a global automaker for a decade-long emissions-testing scheme, resulting in a $2.8 billion criminal penalty. Also led the investigation and prosecution of the automaker’s engineer who designed and tested the defeat device, resulting in a conviction and 40-month prison sentence.
• City of Detroit Corruption: Led and supervised one of the largest public-corruption investigations in the history of the Eastern District of Michigan, including a landmark six-month trial, resulting in the convictions of the mayor of Detroit and 35 city officials, contractors, and other participants.
• Detroit Metropolitan Airport Corruption: Served as trial counsel in the three-week trial of an airport official convicted of accepting $6 million in kickbacks in exchange for $43 million in contracts. The official was sentenced to 10 years in prison.
• Labor-Management Relations Fraud: Supervised Assistant U.S. Attorneys in a major Taft-Hartley Act prosecution that resulted in the convictions of a global automaker, the national union, and 14 corporate and union officials, a $30 million criminal fine, and independent federal monitorships.
• Defective Airbags: Supervised Assistant U.S. Attorneys in the federal prosecution of a global auto supplier regarding defective airbag inflators, resulting in a $1 billion criminal resolution and the appointment of an independent corporate monitor.