T. Markus Funk

T. Markus Funk, PhD

Partner, Chicago, Washington, DC
T. Markus Funk, PhD
T. Markus Funk

T. Markus Funk, PhD

Partner, Chicago, Washington, DC
T. Markus Funk, PhD

“[Markus] has impeccable credentials and judgment. He is truly exceptional.”
- Chambers USA 2025 respondent

Markus “has this unbelievable global perspective that is very rare in US legal analysis.”
- US District Court judge in Chicago

Biography

Markus Funk, a former Chicago federal prosecutor and conflict-deployed State Department attorney in Kosovo, has represented clients in many consequential and highly publicized cases in the United States and abroad.

His clientele and cases reflect the high caliber of his work. Markus has represented companies of all sizes, as well as corporate executives and audit committees and boards; federal judges; Nobel laureates; NFL, NBA, and other professional sports franchises and athletes; A-list celebrities; countries and foreign agencies; diplomats; and US and foreign politicians and business leaders in civil litigation, internal investigations, and criminal matters.

He successfully first-chaired dozens of federal and state civil and criminal trials, briefed and argued more than 20 federal and state appeals, directed more than 450 investigations, and argued more than 700 in-court evidentiary hearings and other contested proceedings.

A fellow of the American Law Institute who is Chambers ranked Band 1 locally, as well as nationally and globally, and is a multiple "Lawyer of the Year" recipient, Markus uniquely received both the DOJ's prestigious Attorney General's Award for the nation's top trial performance and the US State Department's Superior Honor Award. The latter was awarded for his service as the DOJ Section Chief in Kosovo. He also received the ABA’s highest award for dedication to survivors of crime.

During his public service, Markus and his team prosecuted Operation Family Secrets, a landmark investigation into organized crime activity in Chicago described by NPR as "one of the most important criminal investigations... in American history" (the defendants in the case were portrayed in the 1995 Martin Scorsese movie Casino). At the time of his departure from the DOJ, the Chicago Sun-Times described Markus as a "street-smart prosecutor with an Oxford pedigree."

Markus's background as a German-American dual national, coupled with his other extensive international experience, allows him to bring a distinct outlook to his legal practice. A US District Court Judge in Chicago, commenting to a reporter, offered that Markus "has this unbelievable global perspective that is very rare in US legal analysis."

Markus's impact extends beyond his legal practice. He is a recognized thought leader in criminal law, commercial disputes, compliance and trial techniques. The author of 11 books and more than 300 articles, he has been invited to speak on cutting-edge commercial litigation and white collar issues at various institutions, including the US Senate, the DOJ, Oxford University, the Vatican, Harvard Law School, Yale Law School, the University of Chicago, the New York City Office of the Mayor, the FBI and the World Bank Group.

Markus earned a Doctor of Philosophy in law from Oxford University, where he began his career as a Lecturer in Law and was a member of the varsity tennis team. Before that, he earned his law degree from Northwestern University and his undergraduate degree from the University of Illinois. Markus also served as a law clerk to the Hon. Morris S. Arnold of the US Court of Appeals for the Eighth Circuit and to Judge Catherine Perry of the US District Court for the Eastern District of Missouri. Before embarking on his legal career, he worked as a ski technician and late-night clerk at the Super 8 Motel in Steamboat Springs, Colorado.

Experience

Internal investigations (allegations concerning anti-bribery/anti-corruption, embezzlement, conflicts of interest, breach of fiduciary duties, etc.)*

Since entering private practice in 2010, led over 180 internal investigations in more than 25 countries on six continents for companies of all sizes. Regularly conduct internal investigations and guide strategic disclosures to the US Department of Justice and the SEC, as well as the UK Serious Fraud Office, Luxembourg and German Public Prosecutor authorities, and other foreign regulators and enforcers. Regularly conduct internal fraud and embezzlement, bribery, AML, sexual misconduct and other types of internal investigations and reviews for companies of all sizes.

Notable matters include the investigation into Ohio State University team physician Richard Strauss' sexual abuse of athletes and the University of Colorado's investigation into the University's handling of "Aurora Theater Shooter" James Holmes.

Arbitration*

Represent parties in US and overseas arbitrations.

Antitrust*

Represent companies like PCI FlorTech alleged to have engaged in antitrust violations.

Appellate challenges*

Successfully briefed/argued more than 40 civil and criminal appeals in federal and state courts around the country, including in the US Supreme Court.
Board and investor disputes*

Help companies and individuals navigate governance, shareholder rights, fiduciary responsibility, and related disagreements.

Civil RICO*

Represent individuals or businesses harmed by schemes carried out through an organization or association and brought civil RICO actions. Taught the advanced RICO class for federal prosecutors at the National Advocacy Center and prosecuted what the FBI describes as the Nation's most extensive RICO mob/murder case, "Operation Family Secrets."

Complex commercial litigation*

Regularly represent individuals and companies of all sizes in complex commercial litigation matters and related negotiations. Notable recent matters include Berlekamp Family Investments v. Pipich, et al. (federal and state litigations concerning embezzlement by a former financial adviser); Watson v. Elsaden (federal court defamation litigation); and Rietheimer v. United Parcel Service (represented UPS in federal court class action).

Compliance (forced labor, anti-bribery, etc.)*

Developed and chaired first AmLaw 100 Supply Chain Compliance Practice. Regularly advise corporate clients on the California Transparency in Supply Chains Act, Executive Order Strengthening Protections Against Trafficking in Persons in Federal Contracts, Conflict Minerals, and other corporate social responsibility and supply chain compliance matters. (Also, with Chief US District Judge Virginia Kendall in 2010 wrote leading treatise on forced labor in supply chains; now in second edition.)

Criminal defense*

Represent individuals, companies, and organizations in criminal matters brought by federal and state authorities. Notable cases include USA v. PCI FlorTech, Inc. (federal antitrust case involving the Chicago flooring industry); USA v. Brown's Compounding Center and Darby Brown (federal court FDCA misbranding case); USA v. Kamada (represented former state judge); and USA v. Van Gilder (in federal court represented individual accused of insider trading).

Defamation/First Amendment*

Handled multiple high-profile defamation actions in state and federal court – both representing plaintiffs and defendants – and chaired defamation practice at prior firm. Notable cases include Westwood College v. Estes (state court - successfully pursued plaintiffs' counsel for defaming client); Costco Wholesale Corporation v. Victor's Canvassing, et al. (state court – successfully received declaratory and injunctive relief against paid petitioners raising First Amendment challenges against enforcement of property rules); Watson v. Elsaden (federal court - defending individual accused of defamatory statements); Solomon Foundation v. CFR (federal court – successfully represented company defamed by competitor); and Mai v. Elsaden (federal court – representing individual against defamation claims).

Export controls and sanction*

Successfully counseled high-tech companies and individuals during US Department of Commerce and FBI export controls investigations and counseled foreign government's ministry of commerce in export control dispute.

Extradition and transnational evidence-gathering*

Handled extradition matters and use Letters Rogatory, Hague Convention requests, Section 1782 applications, and other methods of securing evidence located within and outside of the United States. At the request of the US Courts, wrote the leading treatise, now in its second edition, on Mutual Legal Assistance Treaties and Letters Rogatory.

M&A and PE due diligence*

In the M&A and PE context (both on buy and sell-side), identify enforcement risks (bribery, sanctions, money laundering, forced labor/supply chain, etc.), value the potential deal impacts, help allocate residual risk, and work on remediation plans.

Fraud and abuse*

Help companies of all sizes and in all geographies prevent, detect, investigate, and remediate fraud. Investigated allegations of company-internal fraud, as well as situations where clients were allegedly defrauded. Handled follow-on criminal referrals, defense, and related commercial litigation for more than 40 companies.

Healthcare*

Conducted health care fraud investigations involving individuals and organizations as a prosecutor and regularly represent individuals and organizations in healthcare investigations in private practice. A notable public-facing matter includes USA v. Brown's Compounding Center et al. (federal court FDCA misbranding case resulting in technical misdemeanor conviction for company only).

Higher education investigations*

Represented dozens of higher education institutions, professors, and staff in a variety of matters. Notable Matters: Engaged by the University of Colorado to conduct the landmark internal review relating to former student and "Colorado theater shooter" James Holmes and by Ohio State University to investigate allegations of sexual abuse by former team physician Richard Strauss.

Insider trading*

Defended and referred insider trading cases. Notable matter: Successfully represented prominent CEO in federal insider trading case brought by the DOJ (USA v. Van Gilder; the DOJ asked for highest-ever sentence, but Mr. Van Gilder received lowest-ever sentence for a like case).

OFAC violations*

Notable matter: Represented a major university faculty chair during a US Department of Homeland Security investigation into alleged FCPA and OFAC violations.
Products liability litigation matters*

Provide counsel and represent clients in multiple major global products liability litigation matters and achieved eight-figure jury verdict in landmark Miami jury trial on behalf of the Costa Rican citrus industry against a Fortune 20 company (Personna v. E.I. du Pont de Nemours & Co.)

Trade secrets enforcement*

Help companies address theft, misuse, or unauthorized disclosure of confidential business information.

Trial*

Received DOJ's highest trial honor (a first for a Chicago-based prosecution team). First-chaired dozens of state and federal civil and criminal cases. Regularly teach trial skills and witness interviewing technique courses for private practitioners, prosecutors, and investigators in the US and overseas.

* Certain matters above were handled prior to joining White & Case.
 

Illinois
Colorado
District of Columbia
US District Court for the District of Colorado
US District Court for the Northern District of Illinois
US District Court for the Eastern District of Missouri
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Tenth Circuit
US Court of Appeals for the Eighth Circuit
Supreme Court of the United States
PhD
University of Oxford

Law Faculty

JD
Northwestern University Pritzker School of Law
BA & BS
University of Illinois at Urbana-Champaign
English
German

Ranked Band 1 (Chambers USA)

Chambers Global Guide (first and only Rocky Mountain white collar lawyer listed in Global Guide)

"Best Overall Litigator" (Law Week Colorado)

University of Illinois Alumni Lifetime Achievement Award Recipient

US Department of Justice Attorney General's Award (for best trial performance/"litigation excellence" out of ~9,000 trials that year)

US Department of State Superior Honor Award
"Barrister's Best" (#1) Corporate/Compliance Lawyer (Law Week Colorado)

Colorado Lawyer of the Year (Law Week Colorado)

Colorado and Illinois "Super Lawyer"

"Star of Distinction" (Chicago Crime Commission)

"Best-in-State," Colorado (Forbes)

ABA Frank Carrington Crime Victim Attorney Award (awarded to the most impactful person/organization advocating for victims of crime in US)
Burton Award for Legal Writing

Best Lawyers in America Criminal Defense: White-Collar

"DOJ's Corporate Enforcement Priorities and Tools," Sandpiper Hot Topics in SEC and DOJ Regulation, Litigation and Enforcement 2025, Chicago, November 2025.

"Law, Justice and Decision Making in Extraordinary Times," Windy City Pike Alumni Lunch, Chicago, October 2025.

"Human Trafficking: Exploring Effective Responses," Council of International Investigators (CII) Annual General Meeting, Chicago, August 2025.

Markus has written more than 300 law-related academic and popular articles, as well as chapters on a wide variety of topics. Recent articles include the following:

Markus has also authored a number of critically acclaimed books and guides, including the following:

  • "Rethinking Self-Defense: The 'Ancient Right's' Rationale Disentangled," Hart Publishing, 2021.
  • "The ABA Compliance Officer Desk Book," American Bar Association, 2021.
  • "Child Exploitation and Human Trafficking: Examining the Global Challenges and US Responses," Rowman Littlefield, 2nd ed. 2016 (co-authored with Chicago US District Judge Virginia M. Kendall).
  • "Mutual Legal Assistance Treaties and Letters Rogatory: A Guide for Judges," Federal Judicial Center, 2014.
  • "The Haiti Trial Skills Manual," American Bar Association, 2012.
  • "The Darfur Trial Skills Manual," American Bar Association, 2010.
  • "The Montenegro Trial Skills Manual," DOJ, 2010.
  • "From Baksheesh to Bribery: Understanding the Global Fight Against Corruption and Graft," Oxford University Press, 2010.
  • "Stemming the Suffering: Victims' Rights and the International Criminal Court," Oxford University Press, 2010.

Service areas