Michael A. Battle, Former Director at DOJ

About

Criminal defense lawyer and civil litigator Michael Battle is focused on white collar criminal matters. Having previously served as a prosecutor and judge himself, Michael understands their perspectives and designs compelling arguments that have the best chance of defending his clients and mitigating their exposure to prosecution.

After leaving public service for private practice, Michael has counseled numerous clients on cases involving the Foreign Corrupt Practices Act (FCPA), healthcare fraud, the False Claims Act (FCA) and disadvantaged business regulatory violations, among others. A proven advocate with keen instinct for effectual negotiation, Michael has defended businesses and individuals faced with high-stakes investigations and claims by drawing upon his broad and multi-dimensional understanding of how government agencies prioritize policy and enforcement objectives.

Prior to joining the firm, Michael held several distinguished public service posts. He served as director of the U.S. Department of Justice’s Executive Office for U.S. Attorneys, where he oversaw all 93 U.S. attorneys and acted as a liaison with other federal agencies. He also sat on the Attorney General’s Subcommittee on Civil Rights, U.S. Sentencing Guidelines and White Collar Fraud, as well as helped create a U.S. task force to prosecute fraud in the aftermath of Hurricane Katrina. Michael also was U.S. attorney for the Western District of New York (2002-2005) and was one of the first three federal defenders in the Western District of New York. Notably, Michael spent six years as a judge on the Erie County (New York) Family Court bench, during which he decided hundreds of family law cases.

Michael’s first-hand experience and credibility as a prosecutor gives him insight into what is important to prosecutors and how they think, and the policies and decisions around what types of criminal activity they may pursue. As a result, Michael is able to position his clients as favorably as possible, anticipating what the opposition will do next and using that knowledge to leverage his client’s position.

Having also served as a judge for a number of years, Michael believes in the importance of fact versus argument, which serves as his compass when representing clients faced with even the most precarious challenges and potentially devastating consequences. Michael knows how to identify and analyze all the facts of a case to create a comprehensive and multi-dimensional defense strategy. Always prepared, diligent, calm, cool and collected, Michael is a proven communicator with a honed ability to observe and synthesize what is going on around him, as well as how to identify and create advantage as a result of that skill.

Roles

Apr 2016–Present

Current role

Partner

Barnes & Thornburg LLP

Washington, District of Columbia

ProcurementCivil LitigationLegal Officers and PractitionersHealth LawWhite Collar CrimeGovernment ContractsComplianceCorporate LawAppellate LitigationEmployment / Labor Law

I’m a partner in Barnes & Thornburg LLP’s Washington, DC office and a member of the firm’s litigation practice group.

My current practice focuses on complex civil and white collar criminal litigation matters. I have experience as an Assistant United States Attorney, as the United States Attorney for the Western District of New York and as a Judge on the New York State Court.

Since leaving public service for private practice, I have represented clients in relation to matters involving the Foreign Corrupt Practices Act (FCPA), the False Claims Act, and Disadvantaged Business Regulatory violations, and other alleged Fraud related matters. My experience involves work related to the following:

1. I’ve successfully resolved allegations of the FCPA against a multi-national oil drilling company.
2. I’ve successfully resolved allegations of U.S. regulatory violations in the maintenance of an oil distribution pipeline.
3. I’ve successfully resolved allegations of U.S. Disadvantaged Business Enterprise Act violations against an international design company.
4. I’ve successfully resolved allegations of criminal wrongdoing against management and employees of a regional medical group.
5. I have served as a hearing officer in the resolution of employment of a management level city employee.
6. I’ve represented doctors and surgeons across the country in relation to negotiations of employment contracts.
7. I’ve successfully resolved the U.S. DEA’s alleged violations of federal drug laws by a U.S. pharmaceutical company.
8. I’ve represented an elected official in defense of a local lawsuit in a major U.S. city.
9. I have performed an internal investigation for a multi-national corporation in response to potential violations of the FCPA New York State Charities Law.

Mar 2016–Mar 2016

Former role

Director

U.S. Department of Justice (DOJ), Executive Office for U.S. Attorneys

(appointed)District of Columbia

AttorneyFederal GovernmentWhite Collar CrimeGovernmentCriminal LawCorporate LawCriminal Investigation

Feb 2016–Feb 2016

Former role

Member

U.S. Department of Justice (DOJ), Attorney General’s Subcommittee on Civil Rights, U.S. Sentencing Guidelines and White Collar Fraud

(appointed)District of Columbia

Civil RightsWhite Collar Crime

Jan 2002–Jan 2005

Former role

U.S. attorney

U.S. Attorney’s Office

(appointed)New York Western District

Civil LitigationLaw Enforcement / PoliceGovernmentCriminal LawProsecutor

Jan 1995–Jan 2001

Former role

Judge

County Court, Erie County

(appointed)New York

JudgeCriminal Law

Representative matters

Experience

March 2025

A Barnes & Thornburg attorney acted as the hearing officer in an arbitration related to the termination of a management-level employee by the mayor of a major U.S. city. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney led the investigation and worked with the U.S. government as part of a parallel New York State/U.S. Attorney investigation of potential criminal acts and improprieties related to gaming and other issues involving a sovereign U.S. Indian Nation. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney performed an internal investigation for a multinational corporation in response to potential violations of the Foreign Corrupt Practices Act and the New York State Charities Law. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney represented doctors and surgeons across the country in relation to negotiations of employment contracts and improprieties related to labor and employment. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully represented numerous witnesses in U.S. government criminal and administrative investigations. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully resolved allegations arising from the design, development and construction of an airport in the United States against an international transportation design company. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully resolved allegations of Foreign Corrupt Practices Act violations against a multinational energy drilling and equipment corporation. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully resolved allegations of possible criminal wrongdoing against management and employees of regional medical group arising from extensive fraud by a physician. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully resolved allegations of U.S. Disadvantaged Business Enterprise Act violations against an international transportation design company. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully resolved allegations of U.S. regulatory violations in the running and maintenance of an oil distribution pipeline by a Canadian multinational company. (*This experience occurred prior to joining Barnes & Thornburg.) A Barnes & Thornburg attorney successfully resolved U.S. Drug Enforcement Administration allegations against a pharmaceutical company regarding violations of federal drug laws, which threatened a loss of license and inability to continue business. (*This experience occurred prior to joining Barnes & Thornburg.) While at the U.S. Justice Department, a Barnes & Thornburg attorney led the successful prosecution of union members that were extorting work and money from individuals and groups, and obstructing other rights provided by U.S. Labor law. (*This experience occurred prior to joining Barnes & Thornburg.) While U.S. Attorney for the Western District of New York, a Barnes & Thornburg attorney led the successful prosecution of Americans charged with violations of U.S. federal criminal law for providing material support and resources to known terrorist organizations. This investigation and prosecution took place approximately one year after the devastating impact and events of Sept. 11, 2001, in New York City, Washington, D.C., and Pennsylvania. (*This experience occurred prior to joining Barnes & Thornburg.)

Recognition

Honors

The Best Lawyers in America

March 2025

The Best Lawyers in America, 2023-2025

Lawyers Of Color Diversity Issue

March 2025

Edwin F. Jaeckle Award

University at Buffalo School of Law and the UB Law

New York | January 2020

Barnes & Thornburg partner Michael A. Battle will receive the highest honor from the University at Buffalo School of Law and the UB Law Alumni Association when he accepts the 2020 Edwin F. Jaeckle Award at a Jan. 31 event in Manhattan.

Publications & speeches

Trial Ready: Michael Battle

Barnes & Thornburg LLP — Podcast

May 2021

In the latest episode of Trial Ready, hosts Meena and Michelle talk with attorney Michael Battle, a partner in Barnes & Thornburg’s Washington, D.C., and New York offices. Michael’s career has included being a judge, a federal public defender, and the U.S. Attorney for the Western District of New York. He shares some stories about his upbringing in the Bronx, N.Y., and how he decided to become a trial lawyer, plus offers some advice for young attorneys about building strong networks.

Link