KRISTIN GRAHAM KOEHLER, a member of the firm’s Executive Committee, was commended by Chambers USA: America’s Leading Lawyers for Business (2015) as a leader in White-Collar Crime and Government Investigations Litigation as “very practical, collaborative and strategic.”

Kristin Graham Koehler
- White Collar: Government Litigation and Investigations
- Healthcare
Kristin has handled numerous United States Department of Justice (DOJ) criminal and civil investigations involving healthcare fraud, antitrust, securities fraud and violations of the Foreign Corrupt Practices Act (FCPA). She has significant experience representing clients in qui tam matters, State AG investigations and congressional investigations, and has negotiated numerous Corporate Integrity Agreements with the HHS Office of Inspector General. Kristin routinely counsels clients on the creation, enhancement and implementation of compliance programs. She also has participated in jury trials in a number of federal district courts and appeals in a number of appellate courts, including the U.S. Supreme Court.
Illustrative of the scope of Kristin’s practice, her recent work includes:
- Represented 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.
- Represented Fortune 100 transportation company in connection with grand jury investigations of price-fixing in the air cargo and freight forwarder industries, and represents Japanese executive in connection with grand jury investigation of price-fixing in the auto parts industry.
- Represented Ohio State Football Coach Urban Meyer relating to the allegations regarding an assistant coach on his staff.
- Represented former American International Group (AIG) executive in U.S. 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.
- Represents major pharmaceutical companies in DOJ and SEC FCPA investigations alleging violations in Russia, China, Japan, Brazil, Thailand, and the Czech and Slovak Republics.
- Represents major transportation company in FCPA investigations alleging violations in China, Vietnam, Argentina, East Africa and Nigeria, as well as with anti-corruption due diligence in connection with major acquisition.
- Represented GlaxoSmithKline in CIA negotiations with HHS OIG.
- Member of 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.
In addition to her recognition in Chambers USA: America’s Leading Lawyers for Business (2013, 2014, 2015, 2017, 2018, 2019), Kristin is recognized in the 2019 edition of The Best Lawyers in America as a leading litigator in white-collar criminal defense, and has been recognized every year since 2013. She has also been named one of the “Top 250 Women in Litigation” (2017–2019), a “Local Litigation Star” in Washington, D.C. (2015–2017; 2020), and a “National Practice Area Star” (2021) by Benchmark Litigation. Washingtonian magazine has included Kristin in its current roster of 2019 “Washington, D.C.’s Best Lawyers” for Criminal Defense — White Collar. Kristin also has been acknowledged by The Legal 500 (2013) for her white collar criminal defense work and was named by Washington DC Super Lawyers as one of the capital region’s “Top 50 Women” lawyers (2014 & 2015) and a top lawyer in 2017. The Corporate Crime Reporter also recognized Kristin as one of the top 150 Women in White Collar (2016). In 2015, she also was recognized as a “Rising Star” in the white collar category by Euromoney LMG. Kristin has served on the faculty of the National Institute for Trial Advocacy.
Prior to joining Sidley, Kristin served as a law clerk to the Honorable David G. Larimer, Chief Judge of the U.S. District Court for the Western District of New York. She graduated with honors from the State University of New York, where she was the assistant executive editor of the Law Review and a member of the National Trial Advocacy Team. While at the State University, Kristin was the recipient of the Justice Phillip Halpern Award for Excellence in Writing on the Law Review and the Law Faculty Award for Outstanding Contributions to the Law School.
Experience
- Representative Matters
- Memberships and Activities
A sampling of Kristin’s representative client matters includes:
Healthcare
- Represented Ista Pharmaceuticals, Inc. in criminal and civil qui tam investigations by DOJ’s Consumer Protection Branch and Civil Fraud Section and the U.S. Attorney’s Office for the Western District of New York involving off-label promotion of and kickbacks regarding an ophthalmic product.
- Represented a major pharmaceutical company in joint criminal and civil investigation by the U.S. Attorney’s Office for the Eastern District of New York and Main Justice’s Consumer Protection Branch and Civil Fraud Section regarding the alleged off-label promotion of oral contraceptive products. Government declined to proceed with enforcement action and persuaded relator to dismiss the qui tam complaint.
- Represented multinational biopharmaceutical company in connection with joint criminal and civil investigation by the U.S. Attorney’s Office for the Central District of California and DOJ’s Consumer Protection Branch and Civil Fraud Section concerning issues related to off-label promotion of oncology products.
- Represents a major pharmaceutical company in connection with a civil investigation by the U.S. Attorney’s Office for the District of New Jersey and Main Justice’s Civil Fraud Section concerning alleged improper payments to physicians regarding two eye-care products.
- Represents a major medical device manufacturer in a government investigation concerning the alleged off-label promotion of a therapy involving one of its devices.
- Represents a major pharmaceutical company in an internal investigation involving the falsification of clinical trial results that were later published in a leading scientific journal.
- Represents a major medical device manufacturer in internal investigations concerning alleged mishandling of patient safety issues and alleged compliance issues in connection with a major clinical trial program.
Antitrust
- Represents an executive of a major Japanese automotive parts supplier in a DOJ criminal antitrust investigation concerning price-fixing in the auto parts industry. Executive was successfully carved-in to the company’s resolution.
- Represented a Fortune 100 transportation company in connection with DOJ grand jury investigations of price-fixing in the air cargo and freight forwarder industry.
- Represented 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.
- Represented a Japanese company in connection with a grand jury investigation of price-fixing in the submarine power cables industry.
- Represented a major medical implants manufacturer in DOJ criminal antitrust investigation regarding alleged price fixing in the medical implants industry.
Securities
- Represented a former American International Group (AIG) executive in U.S. v. Ferguson, et al., a criminal securities fraud case in the District of Connecticut. The executive was convicted in 2009 and sentenced to four years in prison for his role in an allegedly fraudulent reinsurance transaction by AIG. Sidley was hired to represent the executive after the U.S. Court of Appeals for the Second Circuit vacated his conviction and remanded the case. After filing numerous motions, including a challenge to the government’s prior discovery production, the case was resolved by a deferred prosecution agreement.
- Represented a big-four accounting firm in DOJ and SEC stock option investigations regarding the accounting firm’s audit clients.
- Conducted internal reviews of two major retailers’ stock option grant practices in light of SEC investigations.
- Represented a major insurance company in DOJ and SEC investigation involving finite reinsurance.
FCPA
- Represented a major transportation company in joint DOJ and SEC FCPA investigation regarding alleged violations in Nigeria. Persuaded DOJ and SEC to close their investigation without enforcement action.
- Represented a transportation company in an SEC investigation regarding the company’s relationship with a vendor based in the UAE. The investigation related to payments made via the vendor to the government of Iran for overflight of Iranian airspace, which are authorized under the economic sanctions regime, but raised novel and interesting potential FCPA and sanctions issues. Persuaded the SEC to close the investigation without any enforcement action.
- Represent an individual in a joint DOJ and SEC FCPA investigation regarding alleged violations in Russia involving the ATM hardware and software industry.
- Representation of major pharmaceutical companies in DOJ and SEC FCPA investigations alleging violations in Russia, China, Japan, Thailand, Brazil, and the Czech and Slovak Republics.
- Represented an oil services company executive in DOJ investigation regarding alleged violation of the Foreign Corrupt Practices Act in South America.
Environmental
- Represents a manufacturing company in criminal environmental investigation by the U.S. Attorney’s Office for the Eastern District of California regarding hazardous waste discharges.
- Represented a major protein producer in connection with grand jury investigation of alleged willful OSHA violations resulting in a fatality at one of the company’s facilities.
Qui Tam
- Represents a manufacturing company in a civil qui tam investigation involving alleged non-conforming parts supplied for NASA and Department of Defense programs.
- Represented large pharmaceutical company in qui tam lawsuit in which the Court dismissed the relator’s second amended complaint with prejudice for failure to plead fraud with particularity.
- Represented large pharmaceutical company in qui tam lawsuit in which the Court dismissed the relator’s complaint under the False Claims Act with prejudice, agreeing with Sidley that the complaint was based upon publicly disclosed information and relator – a corporation formed for the sole purpose of filing this lawsuit – was not an original source of the information.
- United States ex rel. Roberts v. KPMG LLP – Represented KPMG in a qui tam action alleging that several government contractors presented claims for payment for travel expenses, which did not reflect volume-based vendor commissions, rebates, and incentive payments.
- Schilling v. KPMG – Represented KPMG in connection with qui tam litigation involving preparation of cost reports for Columbia HCA hospitals.
State AG Investigations
- Represents 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.
- Represents a major pharmaceutical manufacturer in state attorneys’ general multi-state investigations regarding fraudulent marketing practices involving prescription drugs, over-the-counter drugs and dietary supplements.
- Represented a major pharmaceutical manufacturer in a state attorneys’ general multi-state investigation regarding fraudulent marketing practices, including off-label promotion, involving a prescription drug.
- Advised a major pharmaceutical manufacturer in connection with its settlement agreement with 33 states and the District of Columbia involving fraudulent marketing practices in violation of the states’ consumer protection laws.
- Advised a major beverage distributor in a multi-state attorneys’ general investigation involving violations of the states’ consumer protection laws.
Congressional Investigations
- Represent a major defense contractor in connection with GAO Audit and likely Congressional Investigation concerning the Navy’s Littoral Combat Ship (LCS) Program.
- Represented a major defense contractor in a Senate Armed Services Committee investigation and hearing led by Senator Levin into the use of private subcontractors in Iraq and Afghanistan.
Corporate Integrity Agreements
- Negotiated potential mandatory and permissive exclusion issues with the Office of the Inspector General of the Department of Health and Human Services (HHS OIG) on behalf of several clients.
- Successful on a number of occasions in convincing OIG that a corporate integrity agreement was not warranted under particular circumstances.
- Negotiated numerous corporate integrity agreement involving the pharmaceutical industry, including many of the industry’s major agreements.
- Represented several companies that were entering into addenda to existing corporate integrity agreements or entering into their second or third corporate integrity agreement.
- Assists companies with preparation for and implementation of corporate integrity agreement requirements, including reportable events analysis.
- Conducts internal investigations regarding potential CIA violations.
- Conduct reviews of companies compliance programs according to HHS OIG guidance and U.S. Sentencing Guidelines.
Trial
- U.S. v. Ferguson, et al. – Represented Christian Milton in U.S. v. Ferguson, et al., a criminal securities fraud case in the District of Connecticut regarding an allegedly fraudulent reinsurance transaction by American International Group (AIG), in which a favorable deferred prosecution agreement was secured.
- United States v. Tyson Foods, Inc. – Member of trial team representing company in jury trial on 36-count indictment charging conspiracy to violate federal immigration laws and seeking criminal forfeiture of over US$100 million, which resulted in a jury acquittal on all counts.
- Pickett v. IBP – Member of trial team 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. Trial court’s order of judgment as a matter of law affirmed by Eleventh Circuit.
- Garamendi v. Altus Finance – Member of trial team representing Aurora National Life Assurance Company in defense of California Insurance Commissioner’s claims of fraud in connection with the acquisition of the assets of the former Executive Life Insurance Company.
- Alabama, et al. v. North Carolina, No. 132 – Lead lawyer in rare original action in the U.S. Supreme Court in which we represented Alabama, Florida, Tennessee and Virginia against North Carolina for its failure to site a low-level radioactive waste facility pursuant to an interstate compact.
- Ventura v. Gannett, Inc. – Represented Gannett, Inc. in fraud and breach of contract action arising out of Cincinnati Enquirer dispute with Chiquita Brands International in which summary judgment was granted in favor of Gannett.
- Washington Sports Ventures v. Jack Kent Cooke, Inc. – Represented estate of former Washington Redskins owner in defense of fraud, breach of fiduciary duty, and contract claims brought by failed bidder for team in which summary judgment was granted for estate.
Kristin holds several leadership positions within Sidley. She is a member of the firm’s Executive Committee and the firmwide co-chair of the Associate Assignment and Compensation Committee. She is also a member of the Marketing and Practice Development Committee and the Committee on Retention and Promotion of Women.
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 a former chair of its Criminal Litigation Committee. Kristin also served as secretary, ethics committee chair and a board member of National Industries for the Blind from 2007–2015. She is active in her undergraduate college and law school and has volunteered at Miriam’s Kitchen.
Capabilities
- White Collar: Government Litigation and Investigations
- Healthcare
- Antitrust Government Investigations
- Compliance Counseling - White Collar
- Congressional Investigations
- False Claims Act
- FCPA/Anti-Corruption
- Grand Jury Investigations
- Healthcare Enforcement
- Healthcare Fraud
- Internal Investigations
- Trial Litigation
- Consumer Regulatory and State Attorneys General
News & Insights
Credentials
Admissions & Certifications
- U.S. Supreme Court
- U.S. Court of Federal Claims
- U.S. District Court, District of Columbia
- U.S. District Court, W.D. of New York
- District of Columbia
- New York
Education
- University at Buffalo Law School, The State University of New York, J.D., 1994 (cum laude)
- State University of New York - Geneseo, B.A., 1991 (magna cum laude)
Clerkships
- David G. Larimer, U.S. District Court, W.D. of New York (1996 - 1999)