J.D., William & Mary Law School
B.A., University of Virginia
Law Clerk for the Honorable John M. Facciola, U.S. Magistrate Judge, U.S. District Court for the District of Columbia (1999-2000)
Bar and Court Admissions
District of Columbia Bar
New York Bar
Supreme Court of the United States
U.S. Court of Appeals for the Fourth and Tenth Circuits
U.S. District Courts for the District of Columbia, District of Vermont, Eastern District of Virginia, Southern District of New York, and Western District of Virginia
Kevin’s practice focuses on securities fraud, defense procurement fraud, health care fraud, and Foreign Corrupt Practices Act (FCPA) matters. As a former Assistant Chief in the Fraud Section of the Criminal Division of the U.S. Department of Justice (DOJ) and Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Kevin has firsthand knowledge and insight into government operations and processes. He relies on his prosecutorial experience to develop thoughtful investigative and trial strategies.
- Representing physician in DOJ and U.S. Department of Health & Human Services (HHS) Office of Inspector General health care fraud and off label marketing investigation.
- Defending executive in DOJ and SEC pharmaceuticals industry insider trading investigation.
- Representing medical device manufacturer in complex investigation concerning allegations of off label promotion.
- Representing bitcoin-based trading platform in SEC/CFTC suits and related DOJ forfeiture action.
- Advising cryptocurrency-based securities and commodities trading platforms on Anti-Money Laundering “Know Your Customer” rules.
- Defended CFO of large government contractor in DOJ, U.S. Department of Transportation, U.S. Department of Labor, and U.S. Postal Service criminal investigation.
- Representing law firm in parallel SEC and DOJ municipal bond investigation.
- Representing individual in DOJ FCPA investigation involving South American entities.
- Representing individual in joint DOJ and SEC FCPA investigation involving Mexican entity.
- Representing individual in SEC EB-5 investigation.
- Representing individual in U.S. Attorney's Office for the Eastern District of Virginia criminal investigation of government contractor for alleged violations of the Berry Amendment and Small Business Set Aside regulations.
- Represented individual whose multi-million dollar painting was subject to seizure in DOJ asset forfeiture proceeding.
- Represented Board members of charitable organizations in domestic and international DOJ and Office of Inspector General Investigations.
- Routinely investigated and prosecuted cases at DOJ and SEC involving securities fraud, bribery and public corruption, accounting fraud, benchmark rate fixing, insider trading, bank fraud, procurement fraud, compliance with grant rules and regulations, the FCPA, and money laundering.
- Coordinated national and international fraud investigations and prosecutions with domestic and international regulators, U.S. Attorney’s Offices, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and various Inspectors General.
- Obtained convictions in numerous multi-week jury trials in federal district courts across the country. Successfully briefed and argued cases in appellate courts.
- Prior to government service, represented clients in private practice in complex litigation involving white collar, RICO, fraud, government contracts, and construction disputes.
- Defended Political Action Committee (PAC) founder in Southern District of New York criminal investigation.
- Adjunct Professor, Complex Securities Investigations, Georgetown University Law Center (2015-Present)
- U.S. Department of Justice, Criminal Division, Fraud Section, Securities and Financial Fraud Unit
- Assistant Chief (2013-2016)
- Trial Attorney (2010-2013)
- Special Assistant United States Attorney, U.S. Attorney’s Office for the Eastern District of Virginia (2010-2013)
- Senior Counsel, U.S. Securities and Exchange Commission, Enforcement Division (2004-2010)
- Litigation Associate, DC and London offices of large DC-based law firm (2000-2004)
- Advisory Board Member, Anti-Corruption & Anti-Money Laundering Law Student Association, Georgetown University Law Center (2016)
- American Bar Association, Criminal Justice Section, White Collar Crime Committee
- International Association of Independent Corporate Monitors (IAICM)
- Edward Bennett Williams Inn of Court
- The Virginia Bar Association (VBA)
- Criminal Law Section
- Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Litigation: White-Collar Crime & Government Investigations (2019)
- Named to Law360's Securities Editorial Advisory Board (2018, 2019)
News & Insights
- July 16, 2019 | Webinar | SPEAKING ENGAGEMENT
- May 28, 2019 | Webinar | SPEAKING ENGAGEMENTHow DOJ Evaluates Compliance Programs – Using DOJ’s 2019 Guidance to Benchmark and Improve Corporate Compliance Programs
- May 14, 2019 | MEDIA MENTIONGlobal Investigations Review
- May 6, 2019 | ALERT
- May 2, 2019 | PRESS RELEASE
- May 1, 2019 | PRESS RELEASEChambers USA Recognizes 31 Wiley Rein Attorneys Across 12 Practice Areas as Among Best in the Country
- March 6, 2019 | ARTICLEReassessing the Cost-Benefit Calculation of Joint Defense Agreements in the Modern Corporate Enforcement Era
- January 16, 2019 | MEDIA MENTIONBloomberg Law – The United States Law Week
- January 8, 2019 | PODCASTPolitical Law Podcast
- January 8, 2019 | ARTICLELaw360
- December 14, 2018 | ARTICLELaw360Colin J. Cloherty, Kevin B. Muhlendorf
- December 12, 2018 | MEDIA MENTIONMadeline Cohen and Kevin Muhlendorf Weigh In on DOJ Policy Shift Regarding Corporate Enforcement ActionsBusiness Insurance
- December 3, 2018 | ALERTRevising Yates: Deputy Attorney General Announces New Policy for Pursuing Individuals in Corporate Enforcement ActionsKevin B. Muhlendorf, Madeline J. Cohen
- November 4, 2018 | Washington, DC | SPEAKING ENGAGEMENTHCCA's 4th Annual Healthcare Enforcement Compliance ConferenceKevin B. Muhlendorf
- October 11, 2018 | ALERT
- September 25, 2018 | McLean, VA | SPEAKING ENGAGEMENTGovernment Contractors Forum: Mandatory Disclosures for Federal Government Contractors: What, How, and When?ACC National Capital RegionKevin B. Muhlendorf, Speaker, Kara M. Sacilotto, Speaker
- September 2018 | NEWSLETTER
- August 10, 2018 | PRESS RELEASEWiley Rein Attorneys Lead International Law Institute Seminar: ‘Effective Prosecution of Financial Crimes, Human Trafficking, and Cybercrime’
- August 7, 2018 | Washington, DC | SPEAKING ENGAGEMENTInternational Law Institute: Effective Prosecution of Financial Crimes, Cyber Crime and Human TraffickingKevin B. Muhlendorf, Speaker
- August 6, 2018 | MEDIA MENTIONKevin Muhlendorf Discusses Benefits to DOJ of Having U.S. Postal Service Investigators Address FCPA MattersGlobal Investigations Review
- August 3, 2018 | MEDIA MENTIONBloomberg Law
- June 20, 2018 | Webinar | SPEAKING ENGAGEMENTWiley Rein LLP
- April 23, 2018 | MEDIA MENTIONKevin Muhlendorf featured in Federalist Society Podcast on Lucia v. SEC Oral Arguments Before Supreme CourtFederalist Society
- February 22, 2018 | ALERT
- February 2018 | NEWSLETTERFederal Court Orders Production of Internal Investigation Memoranda to Third Parties Following Oral Disclosure to Government
- January 18, 2018 | ARTICLELaw360
- December 21, 2017 | ARTICLEFCPA ProfessorMichelle B. Bradshaw, Kevin B. Muhlendorf
- December 18, 2017 | ALERTKevin B. Muhlendorf, Madeline J. Cohen
- October 13, 2017 | MEDIA MENTIONFCPA Professor
- September 28, 2017 | Washington, DC | SPEAKING ENGAGEMENTTrade-Based Financial Crimes SymposiumKevin B. Muhlendorf, Panelist, Daniel B. Pickard, Panelist
- February 21, 2017 | ALERTKevin B. Muhlendorf
- February 14, 2017 | ALERT
- February 2017 | NEWSLETTERWarning for Public Company Defense Contractors: DCAA is Not the Only Accountant Examining Your Books
- February 8, 2017 | ARTICLELaw360Kevin B. Muhlendorf
- December 8, 2016 | Washington, DC | SPEAKING ENGAGEMENTFood and Drug Law Institute's Enforcement, Litigation, and Compliance ConferenceKevin B. Muhlendorf, Speaker
- November 30, 2016 | ALERTKevin B. Muhlendorf
- November 2016 | NEWSLETTER
- October 5, 2016 | MEDIA MENTIONWashington Lawyer
- September 20, 2016 | ALERTSEC Continues its Assault on Lawyers – This Time in Government Contracting for Failure to Disclose False Claims Act LiabilityKevin B. Muhlendorf
- August 12, 2016 | ALERTKevin B. Muhlendorf, George E. Petel
- August 11, 2016 | ALERT
- June 9, 2016 | ALERTMorgan Stanley Pays $1 Million in Settlement with SEC Over Failure to Protect Customer Data from InsiderKevin B. Muhlendorf, Matthew J. Gardner
- June 6, 2016 | Washington, DC | SPEAKING ENGAGEMENTInternational Law InstituteRalph J. Caccia, Speaker, Kevin B. Muhlendorf, Speaker
- May 25, 2016 | ALERTKevin B. Muhlendorf
- May 2, 2016 | ALERTDOJ Compliance Counsel, VimpelCom Resolution, and FCPA Pilot Program Highlight Opportunities Presented for Telecom Industry by Robust Compliance, Self-disclosure, and Cooperation in Foreign Bribery Cases
- April 4, 2016 | PRESS RELEASEVeteran Federal Prosecutor Kevin Muhlendorf Joins Wiley Rein’s White Collar Defense & Government Investigations Practice