Joseph E. Richotte is an associate based in Butzel Long's Detroit office. He practices in the areas of white collar criminal defense, SEC civil enforcement actions, corporate investigations, news media defense, and professional discipline matters for lawyers and judges. Before joining Butzel Long, Mr. Richotte interned for the Honorable Avern Cohn of the United States District Court for the Eastern District of Michigan. He has also worked for the United States Attorney's Office for the Eastern District of Michigan in the National Security Unit and for the Oakland County Prosecutor's Office.
White-Collar Defense Practice
Mr. Richotte has represented individuals and corporations under investigation for, or charged with, antitrust violations, securities fraud, misappropriating trade secrets, violations of federal international traffic-in-arms regulations, public corruption, healthcare fraud, drug prosecutions against doctors, environmental fraud, embezzlement, and professional ethical misconduct. He also counsels clients as to grand jury investigations, subpoenas, and search warrants. Mr. Richotte also handles related collateral actions, such as federal and state suspension and debarment actions that prevent clients from pursuing publicly funded projects.
Mr. Richotte has significant trial experience. In 2008, he tried a three-week federal criminal jury trial involving charges of conspiracy, environmental crimes, and false statements. In 2010, he secured a dismissal of embezzlement charges brought against a sales executive accused of helping a customer's employee steal almost $200,000 from the customer.
Media Practice
Mr. Richotte also represents media organizations, journalists, reporters, and others working in and for the media. He handles a broad array of media matters, including First Amendment cases, defamation actions, and open-government issues, such as Freedom of Information Act and Open Meetings Act matters.
In 2011, Mr. Richotte secured the dismissal of two defamation suits, one against a cable entertainment news company and the other against a Michigan newspaper, before either case proceeded to discovery. He has also helped news organizations protect their interests under press shield laws when responding to subpoenas for source records.
Professional Discipline Practice
Mr. Richotte also represents lawyers and judges facing professional discipline inquiries. He has successfully negotiated favorable dispositions for clients with the Attorney Grievance Commission, and has successfully tried disciplinary cases before the Attorney Discipline Board. In 2009, Mr. Richotte secured an acquittal for a lawyer accused of ethical misconduct for alleged conflicts of interest.
Appellate Practice
Mr. Richotte is also a member of the Firm's appellate practice, concentrating on criminal, media, and professional disciplinary matters. In 2010, he handled a state habeas action challenging a client's state court conviction. In 2011, Mr. Richotte defended a defamation appeal, and he co-authored an amicus brief filed in the United States Supreme Court on the question of federal preemption of asbestos-related state law claims involving the national railroad system.
Publications
Mr. Richotte has also written several articles. Most recently, the American Bar Association's White Collar Crime Section published an article that Mr. Richotte co-authored. The article analyzed the constitutional limitations on public-corruption investigations in the context of the FBI's first-ever raid on a congressional office. It traced the history and purpose of the Speech or Debate Clause and discussed the pivotal role that the clause plays in protecting Congress's independence and buttressing the separation of powers.
Education and Memberships
Mr. Richotte attended Wayne State University Law School, were he was a member of the National Moot Court Competition Team and the champion of the Arthur Neef Moot Court Competition. He received a Silver Key for academic excellence, and he was named a Frederica K. Lombard Fellow for service and scholastic distinction. Mr. Richotte is a member of the Order of the Coif and Phi Beta Kappa.
Mr. Richotte is admitted to practice in Michigan, the Supreme Court of the United States, the United States Court of Appeals for the Sixth Circuit, and the United States District Court for the Eastern District of Michigan. He is a member of the State Bar of Michigan, the American Bar Association, the Federal Bar Association, and the Lex Mundi Business Crimes Group, the Lex Mundi Media, Sports, and Entertainment Group, and the Media Law Resource Center.
Experience
· Represent multiple Japanese Auto Supplier companies in criminal antitrust investigations conducted by the Department of Justice, Antitrust Division (Washington, DC)
· 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 former high-ranking government official in connection with a public-corruption investigation.
· Represented a company in connection with a bribery investigation.
· Represented a major automotive supplier under investigation for allegedly participating in a several hundred million dollar international antitrust price-fixing conspiracy.
· Represented a defense contractor accused of fraudulently supplying non-conforming materials to the Department of Defense.
· Obtained a declination of prosecution for an accounting officer of an international automotive supplier after investigation by the DOJ and the SEC
· Represented a physician accused of illegally prescribing pain medication to individuals without a medical need.
· Represented executive of an environmental company charged with criminal violations of the Clean Water Act and related environmental statutes
· Represented a sales executive accused of helping a Fortune 500 company's employee steal tens of thousands of dollars from the customer-company.
· Represented a former Chief Financial Officer and Controller of several corporations accused in state court of embezzling almost $200,000.
· Represented a lawyer accused by ethics authorities of having a conflict of interest with a client.
· Represented lawyers accused by ethics authorities of conduct unbecoming a lawyer, including criminal conduct.
· Represented a lawyer seeking reinstatement of his license to practice law.
· Represented a national cable entertainment news show in connection with a defamation action
· Represented a regional news publishing company in connection with a defamation against one of its newspapers
· Successfully defended and defeated class certification motions in a multi-million dollar Florida concrete antitrust action
· Submitted multiple amicus briefs in various courts on media issues for multiple clients, including media associations, newspapers and broadcasters
News
Media Releases
10.14.11, Butzel Long attorneys featured during Walsh Business Leadership Institute's fifth annual BusinessLIVE small business conference October 20 in Troy
06.09.11, Butzel Long receives Pro Bono Service Award from Detroit Metropolitan Bar Association
News In Brief
12.12.11, Butzel Long attorney Joseph Richotte discusses confidential settlement agreements between local government and online travel companies
Publications
Articles, Presentations & Briefs
05.07.12, When Environmental Goes Criminal - How to Protect and Prepare for Audits by Implementing Compliance Programs
03.08.12, Media Law - Recording the Police in Michigan: Protecting Yourself from Arrest in a Post-Occupy World
03.01.08, Article: Is Capitol Hill a Warrant-Free Zone Post-Rayburn?
12.04.07, Healthcare and White Collar Defense - Regulatory Update - December 2007
Client Alerts
05.14.12, Environmental - More Environmental Cases are Going Criminal: How to Protect and Prepare - The Value of Audits and Compliance Programs
02.02.12, Media Law - Period Of Time For Challenging FOIA Denial Begins The Date The Denial Is Mailed
08.26.11, Client Alert - Media - 7th Circuit Finds That A High School Athletic Association Can Enter Into Exclusive Contracts For Live Streaming
06.03.11, Media Law - The Open Meetings Act Requires Public Bodies to Specify their Decisions
04.26.11, Media Law - Sunshine Laws Include Access to Voting Information
04.25.11, Media Law - Recent Rulings
02.01.11, Automation Alley Newsletter
01.20.11, Client Alert: Business - New Federal Sentencing Guidelines Amendments Reward Strong Corporate Compliance Programs
08.30.08, Enews: Corporate Defense Update - August 30, 2008
Memberships
State Bar of Michigan
Federal Bar Association
American Bar Association
Wayne State University Law Alumni Association - Board of Directors
2012 Federal Bar Association, Eastern District of Michigan Chapter - Moderator, eDiscovery in Criminal Cases
Recognitions
Golden Key International Honour Society
Published Works
"When Environmental Goes Criminal - How to Protect and Prepare for Audits by Implementing Compliance Programs," Michigan Lawyers Weekly, April 23, 2012
Speaking Engagements
2012 National Association of Surface Finishers Management Conference - speaker, Environmental Cases Are Going Criminal: How to Prepare and Protect Yourself