Michael K. Atkinson is the former chief watchdog of the U.S. intelligence agencies and served in senior U.S. Department of Justice roles spanning two decades. He has led dozens of high-profile investigations and offers clients a rare combination of experience in criminal defense and corporate compliance. Michael's practice focuses on white collar defense, national security, internal and congressional investigations, and parallel civil and regulatory enforcement proceedings. His work also includes high-stakes compliance advice on strategic issues such as cross-border investigations and the use of artificial intelligence/machine learning (AI/ML) programs. He is a partner in the firm's Washington, D.C. office, working with the White Collar & Regulatory Enforcement and Investigations groups. Michael is also a co-leader of the firm’s National Security Practice and Whistleblower Working Group.
Michael was most recently the Presidentially appointed and Senate confirmed inspector general of the Intelligence Community in the Office of the Director of National Intelligence. In that role, he oversaw audit, inspection, and investigation divisions that conducted criminal and civil investigations as well as compliance reviews of programs and activities within the Intelligence Community, including the investigation of the Ukraine whistleblower complaint that resulted ultimately in the first impeachment trial of former President Donald J. Trump. As the Intelligence Community’s top watchdog, Michael had oversight responsibility for the IC's initial efforts to adopt and implement ethical principles and increased transparency for programs and operations involving AI/ML. He was also a member of the U.S. delegations to the annual reviews on the functioning of transatlantic data transfers under the U.S./European Union Privacy Shield framework. He also served as the chair of the Intelligence Community Inspectors General Forum.
Prior to his inspector general role, Michael prosecuted and oversaw at the DOJ some of the most significant criminal fraud, public corruption, and national security cases in the United States. He was most recently the acting deputy assistant attorney general for National Asset Protection and senior counsel to the assistant attorney general for the National Security Division (NSD), where he oversaw the Counterintelligence and Export Control Section and the Foreign Investment Review staff. Michael handled sensitive investigative matters involving national security, cybersecurity, export controls and sanctions, economic espionage, and the mishandling of classified information. He also oversaw the Justice Department’s participation in the Committee on Foreign Investment in the United States (CFIUS) through its review of foreign acquisitions of domestic companies and efforts to prohibit or modify such transactions on national security grounds. Prior to his work at NSD, Michael served as the acting chief and the deputy chief in the Fraud and Public Corruption Section of the U.S. Attorney's Office in the District of Columbia and, earlier, as a trial attorney with the Justice Department, Criminal Division, Fraud Section.
Before his 18 years of government service, Michael was a litigation partner at a global law firm, where he focused on solving complex civil and white collar criminal legal problems for a wide range of clients, including Fortune 500 companies, corporate executives, and high-profile public officials.
Recognition
- Attorney General’s Award for Distinguished Service
- United States Attorney’s Award for Exceptional Performance by an AUSA
- Assistant Attorney General’s Award for National Security
- Executive Office for United States Attorneys: Director’s Award for Superior Performance by an AUSA
- Joe A. Callaway Award for Civic Courage, which recognizes individuals in any area of endeavor who, with integrity and at some personal risk, take a public stance to advance truth and justice, and who challenge prevailing conditions in pursuit of the common good
Representative Matters
Representative Firm Experience
- Represented global professional services company concerning compliance and regulatory strategy for developing, testing, and implementing AI/ML tools in support of police and law enforcement entities.
- Represented U.S. government contractors before the U.S. Department of Justice, Department of Defense’s Office of Inspector General, and Army Criminal Investigation Division.
- Represented an academic institution in a Congressional investigation concerning the Coronavirus crisis and related issues.
- Represented multinational corporations concerning privacy, civil liberties, and national security issues in cross-border data transfers of sensitive information.
- Counseled a biotechnology company on transactions implicating the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act, and other anti-corruption laws.
- Represented former head of special projects at the Ethereum Foundation in connection with a conspiracy to violate the International Emergency Economic Powers Act (IEEPA) for providing advice to North Korea on blockchain.
Representative Government Experience
- Led the investigation of the Ukraine whistleblower complaint that resulted in the first impeachment trial of President Donald J. Trump.
- Obtained the jury trial convictions of the former chief executive officer and the former vice president of sales for Caribbean operations for violating the FCPA and obstruction of justice.
- Lead prosecutor in the largest domestic bribery and bid steering scheme in the history of federal contracting, which required oversight of law enforcement agents from multiple federal agencies as part of an investigation that spanned the United States, Japan, the Philippines, and South Korea.
- Obtained the convictions of a former member of Congress and his spouse in connection with defrauding the Congressman’s campaign committee and tax evasion.
- Supervised the prosecution of the largest publicly traded telecommunications manufacturer in China, and the fourth largest telecommunications manufacturer in the world, for conspiring to violate the International Emergency Economics Powers Act (IEEPA), which resulted in a guilty plea for illegally shipping U.S.-origin items to Iran, obstructing justice, and making a material false statement, and the largest criminal fine ever obtained by the Department of Justice in an IEEPA case.
- Secured a non-prosecution agreement with a global software company to strengthen security protocols to increase information security by regulating remote access to U.S. company networks and transfers of sensitive data.
- Supervised the prosecution of two multinational financial institutions, which agreed to pay, collectively, over $2.2 billion to resolve criminal and regulatory charges that the institutions violated economic sanctions targeting Iran and Sudan.
- Obtained agreements with subsidiaries of a financial services corporation and an insurance conglomerate arising from a securities fraud investigation related to the improper use of special purpose entities, which resulted in the payment of over $245 million in monetary penalties and restitution.
- Obtained the convictions of the chief executive officer and two board members of a publicly traded company based in China for a tax conspiracy, which prosecution also included obtaining the convictions of three attorneys for obstruction of justice and false statements arising from a securities fraud investigation.
- Obtained the convictions of the former owner of the District of Columbia’s largest government contracting firm, as well as three candidates for and one member of the District of Columbia Council, for federal and District of Columbia campaign finance violations.
- Prosecuted a then-sitting U.S. Congressman for conspiracy, bribery, honest services fraud, FCPA, RICO, money laundering, and obstruction of justice, which also led to the conviction of a chief executive officer for bribery of the Congressman and the conviction of a former Congressional staff member for aiding and abetting bribery and conspiring to bribe the Congressman.
- Supervised the investigation and prosecution of the largest health care takedown in the history of the District of Columbia concerning 20 business owners, executives, and employees for their roles in over $80 million in Medicaid fraud among home health care agencies and nurse staffing agencies.
Speeches & Presentations
-
"The Roles and Responsibilities of Ethics and Compliance Professionals in Addressing AI Risks,” Aerospace, Defense & Government Contracting Compliance & Ethics Conference, Society of Corporate Compliance and Ethics
(February 21, 2023).
Presenters: Michael K. Atkinson; Henry Thaggert (Northrop Grumman); James E. Baker (Syracuse University); Evi Fuelle (Credo AI)
-
"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar, 2023.
(January 12, 2023).
Presenters: Crowell & Moring Government Contracts Group.
-
"How to Respond to Whistleblower-Driven Allegations," Responding to Government Investigations: The Latest Developments and Strategies for Government Contractors, Washington, D.C.
(May 17, 2022).
Speakers: Michael K. Atkinson, Trina Fairly Barlow, Christine. B. Hawes, and Preston L. Pugh.
-
"Ethics & Integrity Under Fire," GW Law Webinar 2022
(February 15, 2022).
Speakers: Michael K. Atkinson.
-
"Are you Prepared for a Ransomware Attack? Preparing for Threats and Managing the Crisis"
(July 21, 2021).
Presenters: Michael K. Atkinson, Caroline E. Brown, Laura Foggan, Kristin J. Madigan, CIPP/US, Jeffrey L. Poston, Evan D. Wolff.
-
"National Security: Strengthening Alliances & Global Engagement with Continued Focus on Foreign Adversaries & Emerging Technologies," 7th Annual Ounce of Prevention Seminar
(May 13, 2021).
Presenter: Michael K. Atkinson, Caroline E. Brown, Adelicia R. Cliffe, and Maria Alejandra (Jana) del-Cerro.
-
"Whistleblowing in the Intelligence Community Legal and Practical Challenges," ABA Webinar
(May 12, 2021).
Panelist: Michael K. Atkinson.
-
"Congressional Investigations & National Security," Investigations: Readiness and Response Webinar Series
(April 27, 2021).
Presenters: Michael K. Atkinson, Caroline E. Brown, Adelicia R. Cliffe, James G. Flood, Paul M. Rosen, and Byron R. Brown.
-
"New Policies and Priorities – Implications for Government Contractors," Crowell & Moring Webinar
(April 15, 2021).
Presenters: Michael K. Atkinson, Trina Fairley Barlow, Robert A. Burton, Adelicia R. Cliffe, and Michael G. Gruden.
Publications
-
"US' New China Tech Unit Raises Domestic Research Scrutiny," Law360
(March 17, 2023).
Authors: Caroline E. Brown, Michael K. Atkinson, Jeremy Iloulian, and Kelsey Clinton.
-
"AI Weapons Need Human Safeguards," The Information
(October 25, 2021).
Author: Michael K. Atkinson.
-
"Want To Develop A Risk-Management Framework For AI? Treat It Like A Human." VentureBeat
(September 19, 2021).
Authors: Michael K. Atkinson, and Rukiya Mohamed.
-
"Deep Integrity: Building An Accountable AI Culture," The Hill
(May 18, 2021).
Author: Michael K. Atkinson.
Client Alerts & Newsletters
-
"New U.S. Disruptive Technology Strike Force Highlights Risks for Research Facilities and Universities in the U.S.-China Competition for Technical Supremacy,"
White Collar Alert
(February 24, 2023).
Contacts: Michael K. Atkinson, Caroline E. Brown, Jeremy Iloulian, Kelsey Clinton
-
"Artificial Intelligence in Employment: Second Hearing on NYC Automated Employment Decision Tools Proposed Rules and Upcoming EEOC Hearing,"
Labor & Employment Law Alert - US
(January 24, 2023).
Contacts: Kris D. Meade, Rebecca L. Springer, Michael K. Atkinson, Alexander Urbelis, Jacob Canter, Katie Aber, Rachel Lesser, Toni Michelle Jackson
-
"NYC Updates Proposed Rules & Announces Public Hearing Regarding the Automated Employment Decision Tools Law,"
Labor & Employment Law Alert - US
(January 11, 2023).
Contacts: Kris D. Meade, Rebecca L. Springer, Michael K. Atkinson, Alexander Urbelis, Katie Aber, Jacob Canter
-
"NYC Delays Enforcement of Automated Employment Decision Tools Law,"
Labor & Employment Law Alert - US
(December 13, 2022).
Contacts: Kris D. Meade, Rebecca L. Springer, Michael K. Atkinson, Alexander Urbelis, Katie Aber, Jacob Canter
-
"NIST Publishes an Initial Draft AI Risk Management Framework and Guidance to Address Bias in AI,"
Government Contracts Bullet Points
(March 28, 2022).
Contacts: Adelicia R. Cliffe, Michael K. Atkinson, Jonathan M. Baker, Laura J. Mitchell Baker, Michelle D. Coleman
-
"DIU Issues Step-by-Step Guidelines for Defense Stakeholders to Responsibly Use AI,"
Government Contracts Bullet Points
(December 10, 2021).
Contacts: Adelicia R. Cliffe, Michael K. Atkinson, Jonathan M. Baker, Laura J. Mitchell Baker, Michelle D. Coleman
-
"EEOC Joins the List of Executive Branch Agencies Launching Initiatives on Artificial Intelligence,"
Government Contracts Bullet Points
(November 17, 2021).
Contacts: Adelicia R. Cliffe, Michael K. Atkinson, Kris D. Meade, Trina Fairley Barlow, Laura J. Mitchell Baker, Michelle D. Coleman
-
"Don’t be that Victim: The Critical Need for Ransomware Response Plans,"
Privacy Law Alert
(June 23, 2021).
Contacts: Michael K. Atkinson, Caroline E. Brown, Laura Foggan, Carlton Greene, Michelle J. Linderman, Jeffrey L. Poston, Matthew B. Welling, David (Dj) Wolff, Evan D. Wolff, Maida Oringher Lerner
-
"A Ransomware Attack Primer: What You Need to Know and What Crowell Can Do to Help,"
Privacy Law Alert
(June 17, 2021).
Contacts: Michael K. Atkinson, Caroline E. Brown, Laura Foggan, Carlton Greene, Michelle J. Linderman, Jeffrey L. Poston, Matthew B. Welling, David (Dj) Wolff, Evan D. Wolff, Maida Oringher Lerner
-
"Biden’s First 100 Days: Developments to Date and What Lies Ahead,"
Administrative Law Alert
(May 7, 2021).
Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn, Kate Beale
-
"DOJ Appointments at the Top and Recent Enforcement Actions Signal That Its China Initiative Will Likely Remain Intact,"
White Collar Alert
(April 23, 2021).
Contacts: Michael K. Atkinson, Caroline E. Brown, Laura Schwartz
-
"New Biden EO Keeps Focus on Supply Chain Security for Critical Industries,"
Biden 2021 Series
(February 26, 2021).
Contacts: Michael K. Atkinson, Adelicia R. Cliffe, Alan W. H. Gourley, Byron R. Brown
Press Coverage
-
‘Espionage Lite’ Or Deal Making? Prosecutors Struggle To Draw A Line.
November 7, 2022 — The New York Times
-
Trump Ally Thomas Barrack Acquitted In Foreign Influence Case
November 4, 2022 — The Wall Street Journal
-
Ex-Trump Ally, Deputy Acquitted In Illegal Lobbying Trial
November 4, 2022 — Law360
-
‘Unflappable’ D.C. U.S. Attorney Takes Charge At Perilous Political Moment
March 30, 2022 — The National Law Journal
-
Biden Can do More to Protect Inspectors General, Says Former Watchdog Fired by Trump
February 15, 2022 — Government Executive
-
Navy Nuclear Engineer Pleads Guilty in Submarine Espionage Case
February 14, 2022 — The New York Times
-
New York Cases To Watch In 2022
January 3, 2022 — Law360
-
Growing Cyberthreats, Surging Insurance Costs
December 16, 2021 — Inside Higher Education
-
Harvard Professor Goes On Trial On Charges Of Lying About China Ties
December 14, 2021 — The Wall Street Journal
-
A Harvard Scientist, Accused Of Lying About His Links To China, Goes On Trial (audio)
December 14, 2021 — NPR
-
A Babysitter And A Band-Aid Wrapper: Inside the Submarine Spy Case
October 11, 2021 — The New York Times
-
In Pursuit Of Trump Ally, Feds Rely On 'Espionage Lite' Law
August 10, 2021 — Law360
-
The Case Against Tom Barrack Could Draw Classified Material Into Court
July 29, 2021 — CNBC
-
Trump Ally Tom Barrack’s Criminal Case Isn’t Really About Lobbying – It’s About National Security
July 26, 2021 — CNBC
-
‘Karma works’: Donald Trump Ally Tom Barrack Fights Criminal Charges Over UAE Ties
July 26, 2021 — Financial Times
-
POLITICO Influence: How The Tom Barrack Indictment Is Playing On K Street
July 23, 2021 — POLITICO
-
Crowell Enlarges National Security Practice
March 4, 2021 — Commercial Dispute Resolution
-
Intelligence IG Who Handled Trump Whistleblower Complaint Lands At Crowell
February 17, 2021 — The American Lawyer
-
Crowell Snags Former Intelligence IG Fired By Trump
February 17, 2021 — Law360
-
Crowell & Moring Hires Lawyer Trump Fired in Ukraine Probe
February 17, 2021 — Bloomberg Law
-
Crowell Hires Michael Atkinson, U.S. Intel Watchdog Fired By Trump
February 17, 2021 — Reuters Legal
Firm News & Announcements