Photo of Mark B. Sweet

Education

J.D., Duke University School of Law

B.A., with distinction, University of North Carolina at Chapel Hill

Law Journals

Member, Duke Law and Technology Review

Bar and Court Admissions

District of Columbia Bar

North Carolina Bar

U.S. Courts of Appeals for the Fourth, Fifth and District of Columbia Circuits

U.S. District Courts for the District of Columbia and Northern District of Illinois

Mark represents government contractors and telecommunications companies facing federal investigations, whistleblower complaints, and civil enforcement actions. He navigates responses to civil investigative demands from the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC), as well as inquiries and subpoenas from the Federal Communications Commission (FCC), Inspectors General, and Congress. He also leads internal investigations for companies to assess potential misconduct by employees. Mark is a co-chair of Wiley Rein’s Communications Enforcement & Compliance Group.

Representative Experience

  • Litigates False Claims Act (FCA) cases, qui tam complaints, and other civil fraud suits. For example:
    • Won multiple sanctions against the DOJ for discovery violations and forced settlement for less than $9 million in FCA suit alleging $400 million of violations by a Coast Guard contractor. United States v. Bollinger Shipyards, Inc., Case No. 2:12-cv-920-SSV-MBN (E.D. La.).
    • Convinced the DOJ not to intervene in a qui tam suit by former employees alleging violations of the FCA by a government contractor, leading to dismissal of the entire suit. United States ex rel. Burghard v. AECOM, Case No. 2:08-cv-7389-ODW-CT (C.D. Cal.).
    • Represented large technology companies in DOJ investigations and qui tam suits alleging alliance payments and defective pricing. United States ex rel. Rille v. PricewaterhouseCoopers LLP et al., Case No. 4:04-cv-00988-BRW (E.D. Ark.).
    • Won dismissal at a pleadings stage of federal and state lawsuits alleging RICO violations, conspiracy, and other torts related to the collection of personal data by technology company and affiliates. Kimberlin v. Hunton & Williams LLP, Case No. 8:15-cv-00723-GJH (D. Md.); Kimberlin v. Hunton & Williams LLP, Case No. 420644-V (Mont. Cty.).
    • Won dismissal of claims against multiple government contractors alleging RICO violations, fraud, and conspiracy. Brink et al. v. Xe Holding, LLC et al., Case No. 1:11-cv-1733-EGS (D.D.C.).
  • Represents telecom and technology companies in enforcement matters before the FTC and the FCC. For example:
    • Negotiated a favorable settlement for a major wireless provider facing an FTC investigation and class action suits over marketing of its data plans. FTC v. TracFone Wireless, Inc., Case No. 3:15-cv-392-EMC (N.D. Cal.).
    • Received commendation from FCC Enforcement Bureau after working with online payment platform to amend user agreement to address concerns about compliance with Telephone Consumer Protection Act.
    • Secured a consent decree that avoided any admission of liability or forfeiture on behalf of major wireless provider under investigation by FCC Enforcement Bureau. In the Matter of TracFone Wireless, Inc., File No. EB-IHD-15-00018098.
  • Conducts internal investigations for companies to assess allegations of misconduct and potential exposure or disclosure obligations. For example:
    • Internally investigated a technology company’s compliance with small business regulations during channel sales to the federal government.
    • Led multiple investigations for an intelligence community contractor regarding concerns about procurement integrity and mischarging on government contracts.
    • Led an investigation into a whistleblower’s claims of mischarging and retaliation by a company that provides storage and logistics to the military.
    • Conducted an internal investigation for a satellite company into violations of FCC regulations.
  • Represents clients in congressional investigations. For example:
    • Navigated the lead developer of Healthcare.gov through multiple congressional and government investigations about the troubled roll-out of the health care exchange system, shifting federal investigators from blaming the contractor to finding fault with government mismanagement of the project.
    • Represented a foreign drug manufacturer in a U.S. House of Representatives Energy & Commerce Committee investigation into FDA approvals of sales by foreign drug companies.
  • Represents targets of criminal investigations for conspiracy, false statements, obstruction, fraud, and other charges. For example:
    • Represented a senior executive of a generic drug manufacturer in a criminal investigation into allegations of insider trading and violations of the good manufacturing practices.
    • Part of a trial team that defended a senior government official against allegations of false statements and obstruction of justice during the government's investigation of illicit acts by a prominent lobbyist.
  • Advises clients on best practices and obligations for e-discovery, including the preservation, collection, and production of electronically stored information in government investigations and civil litigation.

Professional Experience

  • Financial Analyst, American Airlines (1998-2000)

Affiliations

  • American Bar Association (ABA)
    • Vice-Chair, Section of Public Contract Law, Procurement Fraud Committee (2013-Present)
    • Section of Criminal Justice, White Collar Crime Committee
  • Federal Communications Bar Association (FCBA), Enforcement Committee

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