“[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 (anti-bribery, anti-corruption, etc.)*
In the past five years, led investigations in more than 20 countries on six continents. Regularly conduct internal investigations and guide strategic disclosures to the US Department of Justice and the SEC, as well as the UK Serious Fraud Offices 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 and in all industries.
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.
Civil RICO*
Represented individuals or businesses who have been harmed by a "pattern of racketeering activity" connected to an "enterprise."
Corporate social responsibility/trafficking/forced labor advice*
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. Set up first AmLaw 100 Supply Chain Compliance Practice.
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.
Department of Commerce and FBI export controls investigation*
Successfully counseled high-tech company during US Department of Commerce and FBI export controls investigation and counseled foreign government's ministry of commerce in export control dispute.
Fraud*
Prevent, detect, investigate and remediate fraud against companies of all sizes and in all geographies. Investigate allegations of company-internal fraud, as well as situations where clients were allegedly defrauded. Handle criminal referrals, defense and related commercial litigation.
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.
Higher education investigations*
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*
Successfully represented prominent CEO in insider trading case brought by the DOJ.
OFAC violations*
Represented a major university faculty chair during a US Department of Homeland Security investigation into possible 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 against a Fortune 20 company.
Sexual harassment and abuse temporary restraining orders and injunctions*
On behalf of a Fortune 50 company, persuaded court to deny TRO lodged against employees (and obtained attorney's fees).
Trial*
The recipient of the 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 classes.
* Certain matters above were handled prior to joining White & Case.
Law Faculty
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
"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:
- "A Blueprint for Protecting U.S. Companies from Unfair Competition Fueled by Forced Labor," The University of Chicago Law Review, 21 September 2025, co-author (with Chief Judge Virginia M. Kendall).
- "White & Case Partner T. Markus Funk on Corporations as Whistleblowers," Corporate Crime Reporter, 4 September 2025.
- "The New FCPA Guidelines Invite US-Company Whistleblowing Against Corrupt Foreign Competitors," ABA Criminal Justice Section Newsletter, 24 July 2025, co-author (with Chief Judge Virginia M. Kendall).
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.
