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REPRESENTATIVE EXPERIENCE

Mark A. Rush

Represented a publicly traded midstream company in the Marcellus and Utica Shale plays, in a two year investigation of alleged violations of the Clean Air Act. The investigation commenced with the execution of a dawn raid pursuant to a search warrant. The grand jury subpoenaed numerous records both hard copy and ESI. Employees were interviewed. A parallel civil investigation was undertaken along with an OSHA inspection. Following an internal investigation which involved the retention of experts, presentations were made to the government. Although a draft indictment was presented to the company, the U.S. Attorney ultimately declined to prosecute the matter
Represented a large university medical center in a FCA investigation and lawsuit alleging resident-attending supervision issues. The Government declined to intervene. The matter was ultimately resolved through a settlement agreement
Represented an applied scientific research and development company for the defense industry in a four year grand jury investigation which involved corruption allegations at the highest ranks of the military and Congress. Two search warrants were executed and vast volumes of hard copy documents and ESI were produced. Ultimately the U.S. Attorney declined prosecution
Represented a financial services company in a five-year-long AML cross-border investigation conducted by the DOJ (specifically, the Asset Forfeiture and Money Laundering Section / Money Laundering and Asset Recovery Section), the Financial Crimes Enforcement Network, four U.S. Attorney Offices, the Federal Trade Commission, and a Multi-State Attorneys General Executive Committee. Federal and state allegations against the client included money laundering, consumer fraud, and compliance issues that involved over ten foreign countries and hundreds of independent client locations and contractors. Ultimately, all federal claims were settled under a Deferred Prosecution Agreement for $586 million, and all state claims were settled under a separate $5 million agreement
Represented a publically traded specialty metal manufacturer in a federal criminal investigation alleging violations of DOT regulations related to the shipment of hazardous materials. After an internal investigation and presentation to the environmental crime section at DOJ, the government declined prosecution
Represented a publically traded telecommunications company involving government contracts and allegations of bribery during a 2+ year federal grand jury investigation. Allegations involved the Veteran’s Administration and NYPD. Issues included an internal investigation, forensic accounting, corporate accounting controls, compliance and employee terminations. Although individuals were indicted, the SDNY declined prosecution of the company
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