Matthew S. Miner leads Morgan Lewis’s white collar litigation and government investigation practice in Washington, DC, with a particular focus on matters facing the US Department of Justice (DOJ) and Congress. Matt has significant experience in government and private practice, and in managing investigations involving alleged corporate misconduct, including matters related to the Foreign Corrupt Practices Act (FCPA). Matt represents companies and individuals in a wide-range of high-stakes crises, including matters involving the DOJ, US Securities and Exchange Commission (SEC), Consumer Financial Protection Bureau, and Office of Foreign Assets Control, as well as internal and audit committee investigations and inquiries by non-governmental entities such as the World Bank.
Matt also has experience representing clients in significant congressional investigations, as well as in managing oversight investigations during his tenure as a senior US Senate staffer.
Matt most recently served as DOJ’s Deputy Assistant Attorney General (DAAG), overseeing approximately 180 federal prosecutors and supervisors within the Criminal Division's Fraud and Appellate sections. In doing so, he oversaw the division’s FCPA, Health Care Fraud, and Market Integrity and Major Frauds Units. He also co-chaired the interagency Financial Fraud Working Group, which is part of the interagency Task Force on Market Integrity and Consumer Fraud.
During his tenure as DAAG, Matt approved or negotiated numerous corporate resolutions, including coordinated resolutions involving multiple authorities and hundreds of millions of dollars in penalties. He also approved many corporate declinations and non-prosecution agreements. Matt also spearheaded numerous, significant policy initiatives, including policy reforms addressing compliance program evaluation, how the DOJ assesses a company’s inability to pay a fine or penalty, the Criminal Division’s approach to the selection of monitors, and various reforms to the Justice Manual’s Principles of Prosecution of Business Organizations (Filip Factors), the FCPA Corporate Enforcement Policy, and provisions regarding cooperation and individual accountability. Additionally, he worked to develop a means by which the DOJ could credit the voluntary disclosure of compliance issues discovered during merger and acquisition due diligence and post-acquisition integration. Both in private practice and in government, Matt has been a leader in the evaluation of compliance program adequacy and effectiveness, including representing companies in post-misconduct remediation and reporting.
Earlier in his career, Matt served for many years addressing oversight and criminal law policy in senior staff roles within the US Senate. He served as minority staff director as well as chief counsel for crime, terrorism, and oversight for the Senate Judiciary Committee and counsel for the Senate Permanent Subcommittee on Investigations. Matt participated in key criminal law and national security legislation and was involved in negotiating the final compromises that led to enactment of landmark legislation, including the Fair Sentencing Act of 2010 and the Adam Walsh Child Protection and Safety Act of 2006. He also participated in sensitive negotiations surrounding passage of the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2008 and the reauthorization of the Patriot Act in 2010.
As lead crime counsel to the Senate Judiciary Committee, he had early exposure to the antifraud provisions enacted in the Fraud Enforcement and Recovery Act and the new amendments to the federal False Claims Act enacted in the 111th Congress. Matt also helped manage numerous high-level confirmation hearings, including the US Supreme Court nominations of Justices Elena Kagan and Sonia Sotomayor, and the US Attorney General nominations of Eric Holder and Michael Mukasey. In 2007, Matt served as the lead minority counsel in one of the largest congressional oversight investigations at the time. He deposed many high-level administration officials, handled a dozen congressional hearings, and served as the key minority staffer on questions relating to committee subpoenas and contempt authority.
Before first joining Morgan Lewis in 2012, Matt was a partner in the white collar practice of another global law ﬁrm. Earlier, he served as an assistant US attorney in the Middle District of Alabama, where he tried 12 cases to verdict, served as corporate fraud coordinator, and managed the largest corporate fraud investigation in the district’s history.
Successfully represented a Ukrainian executive in a joint FCPA investigation by the DOJ and SEC, resulting in no action against the client
Represented a US bank in a grand jury investigation into suspected fraud and identity theft violations
Led an investigation of bribery and improper beneﬁts, including excessive travel, for a US technology company, including disclosure and negotiated resolution with US authorities
Represented a company in a World Bank investigation of whistleblower allegations in the Middle East
Successfully defended a US congressman in an Oﬃce of Congressional Ethics investigation, obtaining a unanimous recommendation to dismiss the complaint
Defended a major energy company in an SEC investigation of suspected FCPA violations in the Middle East, ultimately obtaining a “no action” letter for the client
Represented a US corporate parent in an internal investigation of potential trade sanctions violations by its European and Middle Eastern subsidiaries
Led the representation of a government employee in a sensitive investigation by the House Committee on Oversight and Government Reform
Managed a cross-border investigation of alleged corruption by vendors of a major US manufacturer, including interviews across ﬁve countries and enforcement inquiries from US and European law enforcement agencies
Counseled a beverage company in a Senate Commerce Committee investigation, including preparing senior executive for hearing testimony
University of Cincinnati, 1992, B.A.
University of Michigan Law School, 1997, J.D.
District of Columbia
Clerkship to Judge Richard Vollmer of the US District Court for the Southern District of Alabama (1997 - 1998)
Awards and Affiliations
Recommended, Dispute Resolution—White-collar criminal defense, The Legal 500 US (2017)