David F. DuMouchel is a shareholder practicing in Butzel Long's Detroit office and chairs the firm's Corporate Compliance, Internal Investigations and Criminal Defense practice. He is a cum laude graduate of Wayne State University Law School (J.D., 1975) and the University of Detroit (M.A., 1972). Mr. DuMouchel's practice is limited to white collar criminal defense, professional licensure and criminal health care, criminal IRS investigations of both taxpayers and professionals, SEC enforcement of corporate executives, public corruption, as well as grand jury investigations, internal corporate investigations and compliance. He has particular expertise in the Clery Act regarding safety and security on campus at higher education institutions. Mr. DuMouchel's Clery Act practice includes auditing/reviewing compliance, U.S. Department of Education program reviews, development of compliance processes, procedures and programs, and internal investigations of campus security compliance. In 2007, Mr. DuMouchel was part of a team of Butzel Long attorneys who conducted a ten-week internal investigation into Clery Act compliance at Eastern Michigan University. The investigation, which arose from University administrators' response to a student's death on campus, included over 80 witness interviews and the review of thousands of pages of documents. The team published a 500-plus page report of its findings, which was nationally cited by Good Morning America, CNN, the New York Times, Washington Post, Los Angeles Times and Chicago Tribune. Mr. DuMouchel is a recipient of the prestigious Leonard Gilman Award from the Federal Bar Association as the outstanding criminal law practitioner in the Eastern District of Michigan. He has been named by Best Lawyers as the "2010 Detroit Criminal Defense: White-Collar Lawyer of the Year." Only a single lawyer in each specialty in each community is honored as the "Lawyer of the Year." He has been listed in each Best Lawyers edition for the last 25 years, up to and including the most recent. He also is listed in Chambers USA: America's Leading Business Lawyers, and in Michigan Super Lawyers. From 1978 to 1985, Mr. DuMouchel served as chairperson of the Michigan Attorney Grievance Commission. Mr. DuMouchel served as law clerk to Chief Justice Thomas Giles Kavanagh of the Michigan Supreme Court from 1975-1977. He was an adjunct professor of law at Wayne State University and is a frequent lecturer on criminal practice matters including "Ethics-Grievance Procedures," Detroit-Wayne County Criminal Advocacy Program; "Subpoenaing Lawyers," Criminal Justice Section, Federal Bar Association; "Plea Negotiation," White Collar Crime Seminar, Federal Bar Association; "Grand Jury Practice," Federal Bar Association; "Grand Jury Practice," U.S. District Court, New Lawyer Seminar, 1986-present. He has often served as a panelist; he was featured at the Michigan Association of Certified Public Accountants Fraud Awareness Symposiums; the University of Detroit Mercy School of Law's presentation on corporate misconduct entitled "Conducting an Internal Investigation: Legal and Corporate Issues;" and the State Bar of Michigan's program "Compelled Waiver of Attorney-Client Privilege for Businesses: Issues and Practices for Corporate Lawyers and their Clients." Mr. DuMouchel has served on the faculty of the U.S. District Court, Advocacy Institute; ICLE: Attorney Grievance and Discipline Practice; ICLE: Health Care Law Institute; ICLE "Polygraphs"; ABA Health Care Fraud, 2005; ABA White Collar Crime Institute, 2006, 2007, 2008; State Bar of Michigan Program, "Compelled Waiver of Attorney-Client Privilege," 2006; Michigan Association of CPA's, "Accounting Fraud," 2006, 2007. He also is a frequent speaker on internal corporate investigations and federal criminal procedure matters. In 2006, Mr. DuMouchel was appointed to serve on the American Bar Association's White Collar Crime Committee for a two-year term as chair of the sentencing committee. He has served as a member of the Rules Advisory Committee, U.S. District Court, Eastern District of Michigan and was a member of the U.S. District Court Committee on Magistrate Program Evaluation, and chaired the Federal Bar Association Criminal Defense Committee. He served as a member of the Advisory Committee which drafted the Restatement of Law Governing Lawyers of the American Law Institute, and is on the Member's Consultative Group of the ALI Model Penal Code Sentencing Project. Mr. DuMouchel has been a member of the State Bar of Michigan Criminal Code Revision Committee, U.S. Courts Committee, and Grievance Committee. In addition, he is a member of the National Association of Criminal Defense Lawyers and was a Director in 1981. Mr. DuMouchel is a Master of Bench emeritus, American Inn of Court Ch. XI. He is a fellow of the American Bar Foundation and the Michigan State Bar Foundation. Mr. DuMouchel is a Fellow of the American College of Trial Lawyers and serves as a member of the Criminal Procedure Committee, and is a Fellow of the International Society of Barristers. In 2004, Mr. DuMouchel, along with Laurie J. Michelson, gained their client's acquittal in one of the largest health care fraud trials in history in the U.S. District Court in Boston. Experience · Represent multiple Japanese Auto Supplier companies in criminal antitrust investigations conducted by the Department of Justice, Antitrust Division (Washington, DC) · Represented a major automotive supplier under investigation for allegedly participating in a several hundred million dollar international antitrust price-fixing conspiracy. · Represented the President of a company that distributes pharmaceuticals to nursing homes in a case the Michigan Attorney General referred to as "the largest criminal Medicaid fraud case ever initiated in Michigan." · Hybrid 301 action · SEC Enforcement Action: Corporate Representation Regarding Alleged GAAP Accounting Irregularities · Internal investigation and report regarding a University's response to campus murder · Represented attorney in Federal Grand Jury matter · Represented lawyer after sanctions brought by Grievance Commission · Represented metals trading company in major U.S. Attorney and U.S. Customs investigation · Represented CFO of a non-profit hospital for securities fraud; case settled no jail or fine, SEC restitution · Age discrimination and retaliation case for automotive supplier · Internal corporate investigation · Represented lawyers and judges in disciplinary proceedings · Completed internal corporate investigation of entertainment distributor and reported findings to SEC. · Represented officer of pharmaceutical company in health care fraud case; case included pre-trial motions and four months jury trial; client acquitted · Completed internal corporate investigation of records and document management corporation and reported findings to SEC. · Represented pharmaceutical company in Qui Tam case in Boston. · Represented executives in criminal anti-trust matter including successful defense at trial. · Represented international auto supplier in U.S. Dept. of Justice anti-trust investigation. · Represented executive of an environmental company charged with criminal violations of the Clean Water Act and related environmental statutes · Represented major law firm partner in income tax fraud matter. · Represented prosecuting attorney defending charges brought by Grievance Commission. · Represented the CFO of a public company in a significant SEC enforcement action alleging 10b-5 and 17(a) violations in federal court in the Eastern District of Michigan · Represented physician in federal indictment for prescription abuse causing death. · Represented numerous individual and corporate defendants facing federal criminal prosecution arising from allegations of wire and mail fraud, tax fraud, insider trading, healthcare fraud, environmental crimes, theft of trade secrets and drug conspiracy · Represented pharmaceutical company in health care investigation in California. · Successfully represented officer of pharmaceutical company in largest health care fraud trial to date in U.S. District Court in Boston · Represented a book publisher and distributor in criminal investigation conducted by US Postal Service · Obtained a declination of prosecution for an accounting officer of an international automotive supplier after investigation by the DOJ and the SEC · Represented a former employee accused of stealing more than $100 million worth of trade secrets from his employers in violation of the federal economic espionage act. · Represented a company in connection with a bribery investigation. · Defense of a lawyer charged with multiple counts of contempt · Conducted internal investigation and alleged environmental violations by public company. · Obtained a complete declination of all proceedings, criminal and civil health care fraud, against pharmaceutical client by the US Attorney's Office in Dallas · Laboratory Litigation · Represented a former high-ranking government official in connection with a public-corruption investigation. · Represented a witness involved in stock options back-dating investigation by the United States Attorneys' Office for the Northern District of California · Represented a sales executive accused of helping a Fortune 500 company's employee steal tens of thousands of dollars from the customer-company. · Represented auto supplier in securities fraud investigation in New York and California. · Represented an attorney in criminal matter involving kickbacks on vendor contracts being funneled to corporate executive of company · Represented a lawyer accused by ethics authorities of having a conflict of interest with a client. · Represented a registered representative in a selling away action · Represented a major law firm partner in connection with tax shelter investigation conducted by the DOJ Criminal Tax Division News Media Releases 11.28.11, 68 Butzel Long attorneys named to DBusiness magazine's Top Lawyers in Metro Detroit 2012 07.12.11, Butzel Long attorneys named to Chambers USA 2011 06.01.11, Butzel Long attorney David F. DuMouchel featured recently during Inside Counsel Magazine's annual SuperConference in Chicago 04.26.11, Butzel Long attorney David F. DuMouchel to be featured during 2011 Federal Bar Association - Eastern District of Michigan Conference on April 28 04.11.11, Butzel Long attorney David F. DuMouchel to be featured during Michigan Association of Certified Public Accountants 2011 Anti-Fraud Issues Conference 02.14.11, Three Butzel Long attorneys recognized by National Association of Criminal Defense Lawyers for pro bono project 12.02.10, Sixty-four Butzel Long attorneys named to DBusiness magazine's Top Lawyers in Metro Detroit 2011 11.18.10, Butzel Long attorney David F. DuMouchel featured recently during OESA Legal Issues Council Fall Meeting 11.15.10, Butzel Long attorneys recognized by Chambers USA 2010 10.25.10, Forty-two Butzel Long attorneys named to the 2010 Michigan Super Lawyers list 10.05.10, Butzel Long attorney David F. DuMouchel featured recently at Michigan Association of Certified Public Accountants program 09.09.10, Butzel Long attorneys named to The Best Lawyers in America® 2011 12.01.09, Butzel Long attorney David F. DuMouchel has been named the Best Lawyers' 2010 Detroit Criminal Defense: White-Collar Lawyer of the Year 11.09.09, Forty-Nine Butzel Long attorneys named to Super Lawyers 2009 listing 09.09.09, Butzel Long attorneys named to The Best Lawyers in America® 2010: Forty-nine attorneys recognized in national listing 06.24.09, Fourteen Butzel Long attorneys and practice areas recognized by Chambers USA 05.27.09, Butzel Long's Taxation and Succession Planning Institute hosts seminar on June 4, 2009 in Troy 04.23.09, Butzel Long attorney David F. DuMouchel featured during April 27 panel discussion in Detroit on Corporate Fraud in the Current Economic Climate 03.31.09, Butzel Long attorneys Frederick G. Buesser III and David F. DuMouchel to be honored during Best Lawyers 25th Anniversary Event 10.22.08, Butzel Long attorneys named to The Best Lawyers in America® 2009 07.08.08, Butzel Long Top-Ranked in Litigation by Chambers USA 05.28.08, Butzel Long Taxation and Succession Planning Institute hosts June 5 seminar in Troy 05.21.08, Butzel Long attorney David F. DuMouchel inducted into the International Society of Barristers 01.23.08, Butzel Long attorney David F. DuMouchel featured at American Bar Association National Institute on White Collar Crime 10.30.07, Butzel Long attorney David F. DuMouchel to be featured at MACPA Fraud Awareness Symposium on November 29 10.04.07, Butzel Long attorneys named to The Best Lawyers in America® 2008 08.22.07, Butzel Long attorney David F. DuMouchel to be featured on panel discussion of Corporate Misconduct 07.11.07, Butzel Long Completes Major Clery Act Internal Investigation and Publishes Nationally Cited Report 06.29.07, Butzel Long top-ranked in litigation by Chambers USA News in brief 10.07.11, Butzel Long attorney David DuMouchel discusses antitrust probes 10.04.11, Butzel Long attorneys named to The Best Lawyers in America® 2012 04.13.11, Butzel Long attorney David DuMouchel quoted in Daily Tribune article on proposed resolution to misconduct complaint 12.01.09, Butzel Long attorney David DuMouchel named Detroit Best White-Collar Lawyer of the Year Publications Articles, presentations & briefs 03.01.08, Article: Is Capitol Hill a Warrant-Free Zone Post-Rayburn? Client alerts 02.01.11, Automation Alley Newsletter 01.20.11, Client Alert: Business - New Federal Sentencing Guidelines Amendments Reward Strong Corporate Compliance Programs 10.07.10, E-news: Tax Law 04.29.10, E-news: Health Care Law - April 29, 2010 03.30.09, Income Tax Newsletter - March 2009 01.26.09, Income Tax Newsletter - January 2009 11.01.08, Income Tax Newsletter - November 2008 10.28.08, E-news: Employee Benefits - 10/28/2008 08.30.08, Enews: Corporate Defense Update - August 30, 2008 05.01.08, Income Tax Newsletter - May 2008 03.01.08, Income Tax Newsletter - March 2008 01.01.08, Income Tax Newsletter - January 2008 Resources 06.14.10, Health Care Reform Timeline Memberships American Law Institute - served on Advisory Committee, drafted the Restatement of Law Governing Lawyers American Law Institute - served on Member's Consultative Group, Model Penal Code Sentencing Project State Bar of Michigan - served on Criminal Code Revision Committee, U.S. Courts Committee, and Grievance Committee National Association of Criminal Defense Lawyers - former Director Recognitions American Inn of Court Ch. XI - Master of Bench emeritus American Bar Foundation - Fellow Michigan State Bar Foundation- Fellow American College of Trial Lawyers - Fellow, and member of the Criminal Procedure Committee International Society of Barristers - Fellow Leonard Gilman Award, Federal Bar Association, Eastern District of Michigan (given to outstanding criminal law practioners) Chambers USA: America's Leading Business Lawyers - Litigation: White-Collar Criminal; Government Investigations The Best Lawyers in America, Criminal Defense: White-Collar; Ethics and Professional Responsibility Law, 1983-2012 The Best Lawyers' 2010 Detroit Criminal Defense: White-Collar Lawyer of the Year Michigan Super Lawyers, Criminal Defense: White Collar, 2006-2011 DBusiness Top Lawyers in Metro Detroit, Legal Malpractice Law; White-Collar Defense; Professional Malpractice Law, 2011-2012 Recipient of Certificate of Appreciation from The National Association of Criminal Defense Lawyers Amicus Curiae Committee Speaking Engagements Speaker at the Federal Bar Association 2011 Bench/Bar Conference - "Media and the Law" - April 2011 Speaker at the Crain's General & In-House Counsel Summit on Government Regulation - May 2011 Keynote Speaker at the Michigan Association of Certified Public Accountants Presents Anti-Fraud Issues Conference - May 2011 Panelist at Inside Counsel's 11th Annual Super Conference - May 2011 Panelist at the Sixth Circuit Judicial Conference - June 2011 |