Kristin Graham Koehler

A sampling of Kristin’s representative client matters includes:

Healthcare Fraud

• Ista Pharmaceuticals, Inc. in criminal and civil qui tam investigations involving off-label promotion and kickbacks brought by DOJ’s Consumer Protection Branch and Civil Fraud Section and the U.S. Attorney’s Office for the Western District of New York.
• A Fortune 10 pharmaceutical distributor in a criminal investigation brought by DOJ’s Consumer Protection Branch and the U.S. Attorney’s Office for the Western District of Virginia concerning misbranding of veterinary prescription drugs under the Food, Drug, and Cosmetic Act and violations of the Controlled Substances Act.
• A former Fortune 500 company executive in conjunction with a DOJ Consumer Protection Branch Food, Drug, and Cosmetic Act investigation that resulted in the company paying the largest monetary food safety criminal penalty ever for storing food and drugs in unsanitary conditions. Achieved a declination.
• A global chemical and ingredients distributor in a grand jury investigation by the DOJ Consumer Protection Branch related to is purchase of chemicals from foreign suppliers and the sale of those chemicals within the United States.

Procurement Fraud

• The world’s largest aluminum extrusion manufacturing company, Hydro Extrusion LLC, in DOJ criminal procurement fraud and civil qui tam investigations involving alleged non-conforming parts supplied for NASA and U.S. Department of Defense programs, as well as in administrative suspension and debarment proceedings before NASA.
• A leading Real Estate Owned asset management company in investigation involving allegations of contract procurement fraud in connection with Veterans Affairs contract.

Trade Compliance

• A publicly traded solar panel manufacturer in a criminal investigation by the DOJ and U.S. Department of Homeland Security regarding the importation of certain products.
• An automotive parts manufacturer in a DOJ and U.S. Department of Homeland Security criminal investigation into alleged customs violations by diverting products prior to importation into the U.S. to evade U.S. tariffs.
• A life sciences company in a False Claims Act investigation by SDNY regarding whether the company misclassified products imported into the United States and thereby underpaid customs duties.

Public Corruption

• The former CFO of a publicly traded Silicon Valley company regarding public corruption allegations concerning a Fourth of July trip to Las Vegas with a government official.
• A Congressional candidate in a U.S. Department of Justice (DOJ) grand jury investigation regarding loans to the individual’s campaign.

Antitrust

• A major roofing manufacturer in connection with a grand jury investigation of price fixing in the residential roofing industry.
• A Fortune 100 transportation company in connection with grand jury investigations of price fixing in the air cargo and freight forwarder industries.
• A major electronics company in connection with several DOJ grand jury investigations of anti-competitive conduct in the cathode ray tube, plasma display panels and optical digital device markets.
• A Japanese executive in connection with grand jury investigation of price fixing in the auto parts industry in which the executive was successfully carved-in to the company’s resolution.

Money Laundering

• Executives of a leading auction and vehicle-remarketing company for alleged violations of federal anti-money-laundering laws for allowing criminal organizations to use its platform to defraud victims and launder illicit funds.
• A Las Vegas casino regarding allegations that the casino allowed known illegal bookmakers to gamble on the property.

Securities Fraud

• A former American International Group (AIG) executive in United States v. Ferguson, et al., a criminal securities fraud case in the District of Connecticut regarding an allegedly fraudulent reinsurance transaction by AIG, in which a favorable deferred prosecution agreement was secured.

FCPA

• Successfully obtained prosecutorial declinations from DOJ and SEC for companies in significant FCPA investigations. Most recent declinations were for a multinational pharmaceutical company involving allegations of FCPA violations in Tunisia, Bangladesh, and Saudia Arabia and for a multinational transportation company involving allegations of FCPA violations in Iran.

Criminal OSHA

• A North American agribusiness in a DOJ criminal investigation in connection with potential U.S. Occupational Safety and Health Act (OSHA) violations stemming from a grain engulfment that resulted in worker fatalities.
• A major protein company in DOJ criminal investigation alleging OSHA violations involving exposing employees to toxic gas that resulted in a fatality.

Civil Qui Tams

• A major medical device manufacturer in a DOJ False Claims Act investigation regarding allegations of kickbacks to physicians and clinics that performed procedures that led to patient injury. Achieved a declination.
• A cybersecurity, security, and intelligence services company in connection with a DOJ False Claims Act investigation, United States of America ex rel. Fowler v. Raytheon Company, et al., involving allegations that the company failed to implement NIST and FAR security requirements.
• The nation’s largest broker of non-emergency medical transportation services in a civil qui tam, United States of America ex rel. White v. Mobile Care, et al. regarding whether its ambulance transportations were medically necessary.
• A biopharmaceutical company Incyte Corporation in a civil qui tam action, United States of America ex rel. Dillon v. Incyte Corporation, involving its charitable donations to patient assistance foundations. After an intensive DOJ investigation, the government declined to intervene in the qui tam action. The matter was resolved very favorably for the company without any admission of liability or a Corporate Integrity Agreement.
• Laureate Education, Inc., one of the world’s largest higher education institutions, in connection with a qui tam action, United States of America ex rel. Sawyer and Kosicek v. Walden University LLC and Laureate Education, Inc. After an extensive internal investigation and considerable engagement with the DOJ, successfully convinced DOJ to decline to intervene in the qui tam action, and the relators subsequently dismissed the case.
• Bayer Corporation in a qui tam action, United States of America ex rel. Simpson v. Bayer Corporation, et al., involving U.S. Department of Defense contracts and Bayer’s cholesterol-lowering drug Baycol. After an extensive investigation by DOJ, successfully convinced DOJ to decline to intervene in the matter.

FTC Investigations

• A multinational technology company in FTC investigation under the Restore Online Shoppers’ Confidence Act (ROSCA) regarding the company’s subscription and free trial practices.
• A leading global online food delivery marketplace in an FTC consumer protection investigation regarding claims that the company failed to disclose information to consumers.
• A leading crypto platform in an FTC investigation alleging that the company enticed consumers through false claims to open and use account.

State AG Investigations

• A leading global online food delivery marketplace in a series of state attorneys’ general consumer protection investigations regarding claims that the company failed to disclose information to consumers.
• A major national food distribution corporation in investigations by the Attorney General Offices of New York, Florida and California involving alleged claims that the company failed to pass back discounts and rebates to the states in connection with contracts with state entities.
• Major pharmaceutical manufacturers in state attorneys’ general multi-state investigations regarding fraudulent marketing practices involving prescription drugs, over-the-counter drugs, and dietary supplements.

Congressional Investigations

• A major defense contractor in connection with a GAO audit and congressional investigation concerning the U.S. Navy’s Littoral Combat Ship (LCS) Program.
• A major defense contractor in a Senate Armed Services Committee investigation and hearing into the use of private subcontractors in Iraq and Afghanistan.

Corporate Integrity Agreements

• GlaxoSmithKline and numerous other manufacturers in Corporate Integrity Agreement negotiations with HHS OIG.
• Has also been successful on a number of occasions in convincing OIG that a CIA was not warranted.

Internal Investigations

• Conducted an internal investigation for the Human Rights Campaign and the Human Rights Campaign Foundation related to the inclusion of the president of the two organizations, Alphonso David, in the New York Attorney General’s report of the investigation of then-Governor Andrew Cuomo.
• The Ohio State University football coach Urban Meyer relating to the allegations regarding an assistant coach on his staff.
• Conducted internal investigations of both a Fortune 25 and a Fortune 100 company regarding allegations of impropriety on the part their CEOs.
• Conducted internal investigations into “Me Too” claims against senior officers of several major companies.

Trials

• Member of the trial team in United States v. Tyson Foods, Inc., representing the company in jury trial on a 36-count indictment charging conspiracy to violate federal immigration laws and seeking criminal forfeiture of over US$100 million, which resulted in jury acquittal on all counts.
• Member of the trial team in Pickett v. IBP, representing the nation’s largest beef-packing company in a jury trial of class action claims seeking over US$2 billion in damages on the theory that supply contracts had anticompetitive effect on beef cattle prices. The trial court’s order of judgment as a matter of law was affirmed by the Eleventh Circuit.
• Lead lawyer in rare original action in the U.S. Supreme Court, Alabama, et al. v. North Carolina, No. 132, in which Sidley represented Alabama, Florida, Tennessee, and Virginia against North Carolina for the latter’s failure to site a low-level radioactive waste facility pursuant to an interstate compact.

• Kristin holds several leadership positions at Sidley, including serving on the firm’s Management Committee, Executive Committee, and Office of General Counsel.
• Kristin is the global secretary and D.C. chapter co-leader of the Women’s White Collar Defense Association and is the co-chair of the Chief Compliance Officers’ Forum.
• Kristin is a member of the American Law Institute (ALI), where she contributes to ALI’s work of clarifying the law through Restatements, Principles, and Model Codes.
• An active member of the American Bar Association (ABA), Kristin is a former chair of the Young Lawyers Subcommittee of the ABA’s Criminal Justice Section, White Collar Crime Committee. She also has held several leadership positions in the ABA’s Section of Litigation, serving as the National Chair of the Section’s Annual Conference (2008), and is a former chair of its Criminal Litigation Committee.