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

Matthew Lewis assists clients in resolving problems, wherever those problems arise, most often in civil disputes, government regulatory actions or investigations, or criminal actions.  Matthew is widely recognized as one of the pre-eminent white-collar criminal and regulatory defense attorneys in Utah. Matthew has a unique range of experience having formerly worked at a multinational law firm, a large Utah firm, and now a boutique law firm.  Matthew has also served in the government as a presidential appointee in the Criminal Division of the United States Department of Justice, teaches various law school courses relating to criminal procedure, has spoken on important issues relating to criminal justice, and is an authority for media coverage of those issues.

Matthew represents clients in important and sophisticated commercial business disputes brought in federal or state court or arbitration. Matthew has represented Fortune 500 companies, prominent Utah companies, and individuals in these matters. Matthew has also argued several cases before the Utah Supreme Court, the Tenth Circuit Court of Appeals, and the Utah Court of Appeals and has otherwise appeared in state and federal courts, arbitrations, and mediations throughout the county.

Some of Matthew’s best work has been on behalf of plaintiffs in contingency fee cases against sophisticated and well-funded defendants. These actions primarily involve FINRA arbitrations, qui tam cases arising under the False Claims Act, and Section 1983 actions involving misconduct by government officials. Matthew served as lead counsel in a FINRA arbitration that resulted in a $6.9 million judgment for his clients against a prominent national brokerage firm, an award that is believed to be the largest recovery obtained in any Utah FINRA arbitration. Matthew has also served as counsel in many matters that resulted in substantial recoveries for his clients and successfully defended broker-dealers and investment advisors in FINRA actions.

Matthew also represents clients in a wide-range of white-collar criminal matters, civil enforcement actions, and administrative and regulatory investigations. These criminal and regulatory investigations include alleged mail and wire fraud, securities fraud, healthcare (“Medicare and Medicaid”) fraud, tax fraud, tax evasion, and bankruptcy fraud.  Matthew has served as lead counsel for defendants facing enforcement actions brought by the Securities and Exchange Commission (“SEC”), 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. Matthew has also served as lead counsel to the court-appointed receiver in a multi-million dollar federal equity receivership.

Matthew also counsels companies regarding fraud prevention and detection and compliance with state and federal criminal laws including the Foreign Corrupt Practices Act, Data Security and Privacy, and the Health Insurance Portability and Accountability Act (“HIPAA”). This compliance work is designed to avoid future government enforcement actions where the penalties can be severe and the cost for companies is much greater.

From 2006 to 2007, Matthew 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, Matthew advised the Assistant Attorney General regarding a broad range of criminal policy and law enforcement issues, focusing primarily on corporate fraud and white-collar crime.  Matthew also coordinated the work of three national law enforcement task forces on behalf of the Assistant Attorney General.

Matthew 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).

Matthew has been an adjunct professor at the J. Reuben Clark Law School at Brigham Young University for several years. During that time, Matthew has taught both the Criminal Procedure: Investigations and Criminal Procedure: Adjudications courses.

Matthew is also committed to pro bono and charitable activities.  He has represented a variety of indigent clients in 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 and remains on the board of Mount Olympus Baseball, the recreational baseball league in his neighborhood.

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