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REPRESENTATIVE EXPERIENCE

Michael D. McKay

White Collar Criminal Defense -- A prominent London businessman was arrested and jailed in Argentina after an Interpol Red Notice was issued based upon a federal charges filed in 2011 for fraudulent activity alleged to have occurred in 2006.  Mike and his team at K&L Gates were able to quickly collect enough information to show that the U.S. Government had ample opportunity to find his client, who did not know that charges had been filed against him since the indictment had been sealed.  Mike convinced the U.S. Attorney in Seattle that this delay in prosecuting its case violated the U.S. Speedy Trial Rule.  The U.S. Attorney dismissed the charges and Mike's client was released from confinement, free to return to his home in London.
Internal Investigation, Crime Victim Advocacy – The client, an industrial business, discovered evidence that an employee might have embezzled more than $1 million while working on a large project for the federal government. Mike, along with a team of forensic accountants, collected evidence that the employee submitted false invoices for work never performed. MIke organized his team's findings and presented it to the FBI. The employee was charged with wire fraud, to which he eventually pled guilty.

Corporate Criminal Defense, Pharmaceuticals – Successful pre-charging white collar criminal defense of a major international pharmaceutical company under investigation by federal prosecutors for alleged wrongdoing in the dissemination of information on the safety and efficacy of pharmaceutical medications.  After a five-year investigation, review of hundreds of thousands of documents, and presentations to the government, the investigation was closed with no criminal charges or any other governmental enforcement action.

Drug Diversion, Civil Penalty Resolution – Successful representation of a surgeon investigated by Drug Enforcement Agency (DEA), the Department of Justice (DOJ), and local law enforcement for diverting prescription medications.  A major defense investigation was conducted after the client enrolled in Washington Physicians Health Program (WPHP).  The matter was resolved after negotiation by way of a civil penalty with no criminal charges brought.

Drug Diversion, Misdemeanor Resolution – Successful representation of anesthesiologist investigated for diversion of pain medication.  After a two-year federal investigation, the felony allegations were ultimately resolved as one misdemeanor with no time in prison and two years of probation.  Mr. McKay also successfully advocated for early termination of supervised release and reinstatement of the anesthesiologist’s Drug Enforcement Agency registration so he could return to his active practice.

LLC Ownership Dispute – Successful civil litigation defense of members of a real estate holding company who were sued in federal court by past members for alleged theft, business torts, and civil violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act.  The plaintiffs demanded $58,000,000.00 in damages.  Mr. McKay successfully obtained dismissal of the lawsuit and an order requiring plaintiffs to pay for defendants’ attorney’s fees and costs, totaling over $140,000.00.

Civil Defense, Parallel Government Investigation - Successful representation of the CEO of a prominent international com in defense against a lawsuit alleging violations of Washington state employment law.  Mr. McKay defended the CEO in depositions that attempted to develop facts that could have criminally inculpated the CEO.  After a successful defense of the depositions and a presentation to the Department of Justice suggesting that criminal charges would be unwarranted, the civil lawsuit against the client and the company was resolved.  No criminal charges were filed.

Civil Litigation, Crime Victim Advocacy – Successful representation of real estate developer who was defrauded by his business partner.  Mr. McKay filed suit and secured a $2,600,000.00 judgment for the client.  In proceedings to enforce the judgment, he assisted law enforcement in prosecuting the defendant.  The defendant was convicted by state prosecutors and was sentenced to prison.

Civil Defense, Recoupment of Overpayments – Successful representation of local property investor against a large institutional lender who sought over $3,000,000.00 in damages and alleged violations of 18 U.S.C. 1962, the civil Racketeer Influenced and Corrupt Organizations (RICO) Act.  Mr. McKay prevailed in a motion for summary judgment dismissing the plaintiff’s claims and recouping overpayments made by the client to the institutional lender.  Instead of facing liability in excess of $10,000,000.00, the client recovered significant funds from the lender.

FINRA Arbitration – Along with prominent New York litigators, Mr. McKay successfully represented local non-profit corporations, two hospitals and a private university, in confidential FINRA arbitrations against large, institutional banks.  The clients alleged various misrepresentations and breaches of statutory and fiduciary duty to the underwriters of their Auction Rate Securities.  

Municipal Corporation Internal Investigation – Successfully served as legal counsel for the Special Investigative Committee to the Port of Seattle and conducted an internal investigation into Port contracting practices.   Mr. McKay issued the Report of the Special Investigative Team, which found evidence of fraud in the Port's contracting practices and other instances where state laws or Port policies were violated.  The Report provided a set of recommendations to improve the Port's practices, which the Port CEO implemented in full.

Public Agency Internal Investigation – At the request of a regional public agency, conducted an internal investigation into allegations of deficient internal practices and procedures that potentially exposed to agency to criminal liability.  Mr. McKay reviewed the client’s established procedures and interviewed employees.  After a thorough review of applicable statutes and regulations, it was determined that while the client faced no criminal liability, its practices and procedures were deficient and made recommendations to the board of directors that enhanced the agency’s performance and improved its internal culture of compliance.

Individualized Corporate Compliance Program – Successfully crafted a comprehensive and tailored compliance program for a prominent international corporation which facilitated its efforts to remain in compliance with federal, local, and industry regulations in numerous heavily-regulated industries.  Mr. McKay worked with the company to develop a corporate compliance structure that not only ensured that it would remain in compliance with numerous regulatory bodies, but would ensure that the client and its employees could cultivate an environment of high ethics and efficiency.  The recommendations, including appointing an independent senior Compliance Officer, creating a Compliance Committee with oversight responsibilities over all aspects of the company, and adopting a Code of Ethics and Standards of Conduct, were adopted in full by the client.

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