Kevin’s practice focuses on securities fraud, defense procurement fraud, health care fraud, commodities 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 a unique experience he brings to defending complex, and often overlapping, civil and criminal enforcement investigations involving DOJ, SEC, Commodity Futures Trading Commission (CFTC) and other financial regulatory authorities. He relies on his extensive prosecutorial experience to develop innovative investigative and trial strategies.
Representing multiple executives in consumer products related investigation by DOJ Civil Division.
- Representing multiple Fortune 500 executives in SEC and DOJ government contracting and accounting fraud investigation.
Defending executive in SEC insider trading litigation related to merger of NYSE listed companies.
- Representing bitcoin-based trading platform in SEC/CFTC suits and related DOJ forfeiture action.
- Representing individuals in SEC GameStop Corporation investigation.
Represented United States Senator in insider trading investigation by DOJ, SEC, and Senate Ethics Committee.
Represented executive in insider trading investigation by New York Attorney General’s Office.
- 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.
- Advising cryptocurrency-based securities and commodities trading platforms on Anti-Money Laundering “Know Your Customer” rules.
Represented executive of large contracting firm in union embezzlement prosecution.
- Defended Political Action Committee (PAC) founder in Southern District of New York criminal investigation.
- 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.
- Represented law firm in parallel SEC and DOJ municipal bond investigation.
- Represented individual in DOJ FCPA investigation involving South American entities.
- Represented individual in joint DOJ and SEC FCPA investigation involving Mexican entity.
- Represented 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.
- 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)
- American Bar Association, Criminal Justice Section, White Collar Crime Committee
- District of Columbia Bar (D.C. Bar)
- Co-Chair, Criminal Law and Individual Rights Community, White Collar Crime Subcommittee (2020-Present)
- 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 (2019-2021)
- Named to Law360's Securities Editorial Advisory Board (2018, 2019, 2020)
- Named to Law360's White Collar Advisory Board (2020)
- Recommended by The Legal 500 US in Corporate Investigations and White-Collar Criminal Defense (2020-2021)
- Named one of DC's "Super Lawyers" for Criminal Defense: White Collar by Super Lawyers magazine (2020)
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 Memberships
- District of Columbia Bar
- New York Bar
- Virginia 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
Related News & Insights
- PodcastESG and SEC Enforcement in 2022Wiley PodcastKevin B. Muhlendorf, Holly WilsonJanuary 24, 2022
- AlertSEC Enforcement Related to ESG Investing Likely to Increase in 2022Kevin B. Muhlendorf, Holly WilsonJanuary 7, 2022
- Media MentionKevin Muhlendorf Discusses Increased White-Collar Enforcement Under Biden AdministrationThe National Law JournalDecember 16, 2021
- EventSecurities Litigation: Tips and Traps in Civil and Administrative Enforcement ActionsAtlanta Bar Association’s 28th Annual Securities Litigation and Regulatory Practice SeminarDecember 3, 2021