Kunzler Bean & Adamson

Matthew Lewis

Partner

Expertise: Commercial Litigation, Securities Regulation, White-collar Criminal Defense, Regulatory Defense, Health Care Regulation
Licensed: Utah, California, Nevada, Washington, D.C., Arizona
Education: Columbia Law School

mlewis@kba.law | (801) 939-3685 | (619) 365-9110

Matt helps clients resolve serious legal issues that arise in complex civil disputes, government investigations, and white-collar criminal cases. As a presidential appointee to the Department of Justice, a professor, presenter, and authority for media coverage of criminal-related issues, and a private practitioner at a multi-national firm, a large Utah firm, and now a boutique firm, Matt has unmatched experience guiding clients of all sizes through the legal minefield presented by government investigations, white collar criminal cases, and complex civil litigation.

Matt represents Fortune 500 companies, prominent Utah companies, and individuals in important and sophisticated commercial business disputes. Matt has successfully tried dozens of cases in federal and state court, and arbitrations, and mediations throughout the county. Matt has also argued several cases before the Utah Supreme Court, the Tenth Circuit Court of Appeals, and the Utah Court of Appeals.

Some of Matt’s best work is representing whistleblowers and plaintiffs in contingency fee cases against sophisticated and well-funded defendants. These actions primarily involve disputes on behalf of minority business owners, FINRA arbitrations by defrauded investors, False Claims Act cases, and Section 1983 actions involving misconduct by government officials. For example, Matt served as lead counsel in two FINRA arbitrations that resulted in judgments of $6.9 million (an award believed to be the largest ever in a Utah FINRA arbitration) and more than $2 million against a major broker-dealer. Matt also represented more than 100 clients who successfully obtained a multi-million-dollar recovery from a network of financial planners and global insurance companies that sold inappropriate products to clients. Matt has also served as lead counsel in many other matters that resulted in seven figure recoveries for his clients.

Matt frequently represents clients against the government in a wide range of white-collar criminal matters, civil enforcement actions, and administrative and regulatory investigations. These criminal and regulatory investigations include alleged securities fraud, tax evasion and tax fraud, Medicare and Medicaid fraud, bankruptcy fraud, and mail and wire fraud. Matt has served as lead counsel in numerous actions against the Securities and Exchange Commission (“SEC”), the IRS, the Federal Trade Commission (“FTC”), the Federal Deposit Insurance Corporation (“FDIC”), the Utah Division of Securities, the Utah Department of Consumer Protection, and the Utah Department of Real Estate, among others.

Matt also counsels companies regarding compliance with state and federal criminal laws, including the Foreign Corrupt Practices Act (“FCPA”), Data Security and Privacy, and the Health Insurance Portability and Accountability Act (“HIPAA”) to help companies avoid future government enforcement actions where the penalties can be severe.

From 2006 to 2007, Matt served in the Department of Justice in Washington, D.C. as Senior Counsel to the Assistant Attorney General for the Criminal Division. As a presidential appointee, Matt managed a portfolio that focused primarily on corporate fraud and white-collar crime.  Matt also coordinated the work of three national law enforcement task forces on behalf of the Assistant Attorney General.

Matt maintains an “AV” rating with Martindale-Hubbell, which is the highest rating awarded to attorneys for professional competence and ethics. He has also regularly been voted by his peers throughout the state as one of Utah’s “Legal Elite” in the categories of Criminal Law and Business Litigation (as published in Utah Business Magazine).

Matt also taught both the Criminal Procedure: Investigations and Criminal Procedure: Adjudications courses at the J. Reuben Clark Law School at Brigham Young University as an adjunct professor.

Matt committed to pro bono and charitable activities.  He has represented a variety of indigent clients in criminal matters, Constitutional litigation, social security proceedings, landlord-tenant disputes, and asylum proceedings.  Matthew has served on the Board of Directors for Healing Hands for Haiti, a 501(c)(3) charitable organization and is a past president of the recreational baseball league in his neighborhood.

REMARKABLE RESULTS FOR CLIENTS:

  • Obtained judgment of nearly $2.1 million in FINRA arbitration against TD Ameritrade relating to improper liquidation of client’s account.
  • Represented client in federal jury trial alleging drug distribution with possible 10-year mandatory minimum. The jury returned verdict of not guilty on all counts.
  • Secured dismissal of potential charges by both DOJ and SEC in investigation alleging misconduct and false statements by attorney.
  • Obtained multi-million-dollar recovery on behalf of more than 100 clients in “mass action” against financial planners and global life insurance companies alleging sale of improper financial products by defendants.
  • Successfully represented plaintiff in defamation jury trial resulting in significant jury verdict on behalf of client. The verdict was unanimously affirmed by the Tenth Circuit on appeal.
  • Obtained $5 million verdict on behalf of plaintiff in case alleging fraud against business promoter and financial institution. Defended verdict on appeals to the Utah Supreme Court and Utah Court of Appeals.
  • Won $6.9 million verdict in FINRA arbitration against TD Ameritrde, believed to the be the largest FINRA award in Utah..
  • Successfully represented Defendant charged with more than 40 felonies in 2012 jury trial. The jury acquitted Defendant of all felony charges.
  • Successfully avoided the filing of criminal charges and obtained the dismissal of numerous criminal cases pre-trial on behalf of defendants.
  • Secured dismissal of temporary receiver in FTC enforcement action. Negotiated resolution of FTC enforcement actions alleging consumer injury in excess of $100 million.
  • Served as lead counsel for receivers in multi-million equity receivership following enforcement action instituted by SEC.
  • Prevailed before 10th Circuit in United States v. Clarkson, Case No. 08-4054. The charge was ultimately dismissed following remand to the district court.
  • Successfully defended international technology company in federal jury trial alleging breach of contract and millions of dollars in damages.
RESULTS
  • Successfully represented plaintiff in defamation jury trial in federal court in 2015. Jury returned verdict of $327,750 in favor of plaintiff. The verdict was unanimously affirmed by the Tenth Circuit on appeal.
  • Obtained $5 million verdict on behalf of plaintiff in case alleging fraud against business promoter and financial institution. Defended verdict on appeals to the Utah Supreme Court and Utah Court of Appeals.
  • Won a $6.9 million verdict in FINRA arbitration, believed to the be the largest FINRA award in Utah and one of the largest awards in the United States in 2010.
  • Successfully represented Defendant charged with more than 40 felonies in 2012 jury trial. Jury acquitted Defendant of all felony charges.
  • Successfully avoided the filing of criminal charges and obtained the dismissal of numerous criminal cases pre-trial on behalf of defendants.
  • Secured dismissal of temporary receiver in FTC enforcement action. Negotiated resolution of FTC enforcement actions alleging consumer injury in excess of $100 million.
  • Served as lead counsel for receiver in multi-million equity receivership following enforcement action instituted by SEC.
  • Prevailed before 10th Circuit in United States v. Clarkson, Case No. 08-4054. The charge was ultimately dismissed following remand to the district court.
  • Successfully defended international technology company in federal jury trial alleging breach of contract and millions of dollar in damages.
HONORS & EDUCATION
  • BA, Journalism with French minor, University of Utah
  • JD, Columbia Law School, Harlan Fiske Stone Scholar; Teaching Fellow, Civil Procedure
  • 2018 Pro Bono Service Award, Federal Bar Association, Utah Chapter
HISTORY & EXPERIENCE
  • Shareholder, Ray, Quinney & Nebeker, PC, Salt Lake City, Utah, 2004-2018.
  • Senior Counsel to the Assistant Attorney General, Criminal Division, Department of Justice, Washington, D.C., 2006-2007
  • Associate, Latham & Watkins, Washington, D.C., 1997-2004
  • Judicial Clerk to the Honorable Richard C. Howe (Ret.), Utah Supreme Court, 1996-1997
ADMISSIONS & PRACTICE
  • Utah, California, Nevada, Washington, D.C., Arizona
PROFESSIONAL ASSOCIATIONS & ACTIVITIES
  • Member of Supreme Court Advisory Committee on Criminal Jury Instructions, 2010-2015
  • Utah Bar Association, Securities, Criminal Justice and Litigation Sections
  • National Association of Criminal Defense Lawyers
  • Utah Association of Criminal Defense Lawyers
  • CJA Panel, U.S. District Court, District of Utah
  • Aldon J. Anderson Inn of Court
  • Salt Lake County Bar Association
  • Federal Bar Association
LANGUAGES & INTERESTS
  • French
  • Coaching, fly-fishing, reading, criminal justice reform, entrepreneurship, golf
LECTURES & PUBLICATIONS
  • Are You Prepared:  Five Questions to Ask About Your Company’s Data Security Protections, Utah Business, January 2018
  • “How to Respond If Your Company is Involved in a Criminal Investigation,” The Enterprise.
  • Protection of the Attorney-Client Privilege in Criminal Investigations, Barry M. Sabin and Matthew R. Lewis, The Sedona Conference on Complex Litigation
  • Speaker, PLI Conference Internal Investigations 2007: Legal, Ethical and Strategic Issues
  • Speaker, The Erosion of Employee Rights during Government Investigations: Is the Attorney-Client Privilege Eroding and Does It Need to be Saved?, ABA Section of Labor and Employment Law, Ethics & Professional Responsibility Committee, Midwinter Meeting
  • Speaker, The Martha Stewart Prosecution, Utah State Bar, Section of Securities
  • Speaker, Ethical Issues in Defending the Corporation, Utah State Bar Section of Corporate Counsel
  • Speaker, Lessons Learned from High Profile Securities Prosecutions, Utah State Bar Section of Securities
Kunzler Bean & Adamson