Verified profile

Kevin B. Muhlendorf

Securities Enforcement and White Collar Defense

Kevin B. Muhlendorf's profile photo
LocationWashingtonUnited States
Current roleAuxiliaristU.S. Coast Guard (USCG) · since Apr 2024
Government service16yrsU.S. Coast Guard (USCG) · Washington Metropolitan Area Transit Authority (WMATA) · U.S. Department of Justice (DOJ) · U.S. Attorney’s Office

About

Kevin leads Wiley’s Securities Enforcement Practice where he advises individuals and entities in securities fraud, commodities fraud and anti-corruption matters. As a former Assistant Chief in the U.S. Department of Justice (DOJ) Fraud Section and Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission (SEC), Kevin brings a unique experience to defending complex, and often overlapping, civil and criminal enforcement investigations. He is frequently called upon to lead time-sensitive internal investigations involving domestic and foreign entities. In 2024, Kevin returned to Wiley after serving as the Acting Inspector General for the Washington Metropolitan Transit Authority (WMATA), where he supervised a staff of auditors and special agents conducting civil, criminal and administrative procurement related investigations, and performing financial and performance audits.

Kevin is frequently retained to help individuals through sensitive, complex matters. Clients and colleagues describe him as a “subject matter expert within the enforcement and criminal space,” “better than I could have hoped for in every area,” “serious but thoughtful, while having integrity which clients can rely on," and an advocate who is “very tenacious, technically knowledgeable, and takes a practical approach" (Chambers 2023).

Roles

Apr 2024–Present
Current role

Auxiliarist

U.S. Coast Guard (USCG)

(appointed)Maryland

Military and Protective Services
Apr 2016–Present
Current role

Partner

Wiley Rein LLP

Washington, District of Columbia

Foreign Corrupt Practices Act (FCPA)Civil LitigationPrivacy LawSecuritiesSecurities LawLegal InvestigatorWhite Collar CrimeCorporate LawCybercrime

I represent individuals and entities in civil and criminal securities enforcement investigations, litigation, and other white collar criminal matters. With experience as a federal prosecutor, SEC Enforcement attorney, and Inspector General, I also regularly manage sensitive domestic and international internal investigations for our corporate clients. I represent individuals and entities in civil and criminal securities enforcement investigations, litigation, and other white collar criminal matters. With experience as a federal prosecutor, SEC Enforcement attorney, and Inspector General, I also regularly manage sensitive domestic and international internal investigations for our corporate clients.

Aug 2015–Present
Current role

Adjunct Professor

Georgetown University Law Center

Washington | Batimore, District of Columbia

Professor
Nov 2023–Jun 2024
Former role

Acting Inspector General

Washington Metropolitan Area Transit Authority (WMATA)

(appointed)District of Columbia

Auditing

Apr 2016–Nov 2023
Former role

Partner

Wiley Rein LLP

Washington | Batimore, District of Columbia

Foreign Corrupt Practices Act (FCPA)Privacy LawSecuritiesInvestigationsEnforcementSecurities LawLegal InvestigatorWhite Collar CrimeComplianceCybercrime
Dec 2013–Apr 2016
Former role

Assistant Chief

U.S. Department of Justice (DOJ), (Securities and Financial Fraud Unit), Fraud Section, Criminal Division

(appointed)District of Columbia

Planning, Policy, StrategyManagement and Program Analysis
Nov 2010–Apr 2016
Former role

Trial Attorney

U.S. Department of Justice (DOJ), Securities and Financial Fraud Unit

(appointed)District of Columbia

Civil LitigationLegal InvestigatorCriminal LawConservative Public Interest Law
Jan 2010–Jan 2013
Former role

Special Assistant United States Attorney

U.S. Attorney’s Office

(appointed)Virginia Eastern

Sep 2004–Oct 2010
Former role

Senior Counsel

Securities and Exchange Commission (SEC)

(appointed)District of Columbia

Planning, Policy, StrategyLegal InvestigatorRisk ManagerLegal
Oct 2000–Sep 2004
Former role

Associate

Steptoe and Johnson, LLP

Washington, District of Columbia

Civil LitigationLegal Officers and Practitioners

Litigation Associate

Jan 1999–Jan 2000
Former role

Law Clerk

U.S. District Court

(appointed)District of Columbia

Law ClerkResearchLegal Assistant

Served as judicial law clerk to the Honorable John M. Facciola, researching and drafting opinions, orders, and bench memoranda.

Representative matters

Experience

May 2025

Led internal investigations for global telecommunications provider. Obtained declination from DOJ Fraud Section in construction industry-related accounting fraud investigation. Obtained post-Wells Notice declination for executive in SEC accounting fraud investigation. Obtained declination for executive from DOJ Fraud Section in insider trading investigation related to public company acquisition. Obtained post-Wells Notice declination for individual in SEC insider trading investigation related to automotive industry. Representing multiple SEC whistleblowers in complaints alleging Investment Advisers Act fraud and fraud in the municipal bond market. Represented former General Counsel of large marketing firm in DOJ Consumer Protection Branch criminal matter. Obtained declination for financial services industry employees in SEC insider trading investigation. Represented large infrastructure products manufacturer in DOJ Antitrust Division investigation. Represented multiple executives in consumer products related criminal investigations by DOJ Consumer Protection Branch and DOJ Fraud Section. Represented bitcoin-based trading platform in SEC/CFTC suits and related DOJ forfeiture action. Represented individuals in SEC GameStop Corporation investigation. Represented United States Senator in insider trading investigations by DOJ, SEC, and Senate Ethics Committee. Represented individuals in DOJ and SEC FCPA investigations involving Latin American entities. 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. 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. 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.

Recognition

Honors

America's Leading Lawyers for Business

Chambers USA

January 2024

Listed by Chambers USA as one of "America's Leading Lawyers for Business" in Litigation: White-Collar Crime & Government Investigations (2019-2024)

Securities Editorial Advisory Board

Law360

January 2020

Named to Law360's Securities Editorial Advisory Board (2018, 2019, 2020)

White Collar Advisory Board

Law360

January 2020

Named to Law360's White Collar Advisory Board (2020)

Corporate Investigations and White-Collar Criminal Defense

The Legal 500 US

January 2024

Recognized in The Legal 500 US in Corporate Investigations and White-Collar Criminal Defense (2020-2024)

Super Lawyers for Criminal Defense: White Collar

Super Lawyers magazine

DC | May 2025

Named one of DC's "Super Lawyers" for Criminal Defense: White Collar by Super Lawyers magazine (2020, 2022-2024)

Washington’s Top Lawyers

Washingtonian magazine

January 2024

Named one of “Washington’s Top Lawyers” by Washingtonian magazine (2024)

Publications & speeches

What the FCPA Criminal Enforcement Pause Means for Companies

Wiley.law

February 2025

Late on February 10, President Trump ordered Attorney General Pam Bondi to “pause” new Foreign Corrupt Practices Act (FCPA) enforcement for 180 days while the U.S. Department of Justice (DOJ) refocuses criminal enforcement of the statute.

Link

President Trump’s Crypto Czar Outlines Federal Government’s New Approach to Digital Assets

Wiley.law

February 2025

On February 4, President Trump’s Crypto Czar, David Sacks, held a press conference on Capitol Hill to discuss the new Administration’s plans for cryptocurrency regulation.

Link

U.S. Leadership in Crypto, Digital Assets, and Blockchain Technology Among Trump’s Week 1 Executive Orders

Wiley.law

January 2025

After years of regulatory uncertainty, the highly anticipated federal government changes in support of digital assets are beginning to take shape under President Trump.

Link

2024 DOJ Fraud Section year in review

Reuters

January 2025

January 17, 2025 - On Jan. 17, 2024, the U.S. Department of Justice (DOJ) Criminal Division's Fraud Section released its annual Year in Review for 2024 (2024 Report). Although larger than many U.S. Attorneys' offices, the Fraud Section prosecutes only white collar crimes.

Link

Fifth Circuit Overturns SEC Approval of Nasdaq’s Board Diversity Rules

Wiley.law

December 2024

On December 11, 2024, the United States Court of Appeals for the Fifth Circuit, in a lengthy opinion, vacated the U.S. Securities and Exchange Commission’s (SEC) approval of Nasdaq’s board diversity rules in Alliance for Fair Board Recruitment v. SEC.

Link

From DOJ to Private Practice with Albert "BJ" Stieglitz

Parallel Proceedings Podcast — Podcast

April 2025

Link

Basics of SEC Enforcement Investigations

SCCE & HCCA — Webinar

April 2025

Link

Kevin Muhlendorf on the SEC’s Reach Beyond Publicly-Traded Companies