Stephen M. Byers is a partner in the firm's White Collar & Regulatory Enforcement Group and serves on the group's steering committee. He is also a member of the firm's Government Contracts Group and E-Discovery & Information Management Group. Mr. Byers's practice involves counseling and representation of corporate and individual clients in all phases of white collar criminal and related civil matters, including: internal corporate investigations; federal grand jury, inspector general and congressional investigations; and trials and appeals.
Mr. Byers's practice focuses on matters involving procurement fraud, health care fraud and abuse, trade secrets theft, foreign bribery, computer crimes and cybersecurity, and antitrust conspiracies. He has extensive experience with the federal False Claims Act and qui tam litigation, the Foreign Corrupt Practices Act, the Economic Espionage Act, and the Computer Fraud and Abuse Act. In addition to defense of government investigations and prosecutions, Mr. Byers has represented corporate victims of trade secrets theft, cyber crime, and other offenses. For example, he represented a Fortune 100 U.S. company in parallel civil and criminal proceedings that resulted in a $275 million criminal restitution order against a foreign competitor upon its conviction for trade secrets theft.
Mr. Byers's trial experience includes the acquittal of a major transportation company accused of filing false reports with a federal agency; and the acquittal of a senior executive of a major pharmaceutical company charged with conspiracy, obstruction and other crimes.
Mr. Byers's experience in e-discovery includes counseling clients on electronic discovery issues in the context of internal and government investigations, including the use of technology-assisted review and computer forensics as investigative tools, and negotiating with government investigators concerning the preservation, processing and production of electronically stored information. Mr. Byers has written and spoken widely on e-discovery issues in the context of criminal investigations and prosecutions, and previously served as the Chair of the ABA Criminal Justice Section's Task Force on Criminal E-Discovery.
Mr. Byers received his law degree in 1992 from the University of Virginia School of Law where he served on the Editorial Board of the Virginia Law Review.
Mr. Byers is a member of the bar of the District of Columbia, the bars of the United States District Court for the District of Columbia and other federal courts, and the American Bar Association Sections on Criminal Justice and Public Contract Law.
Representative Matters
Procurement Fraud
- Represent Fortune 500 government contractor in internal investigation, disclosure and government investigations of alleged small-business fraud, kickbacks and related misconduct.
- Represent Fortune 100 transportation company in parallel criminal and civil fraud investigations of alleged massive overcharging of federal government based on misrepresentations of contract performance.
- Represent government IT contractor in federal grand jury investigation of alleged small-business fraud and bribery.
- Represent multinational document-management company in internal investigation, disclosure, and federal grand jury investigation of potential bribery of federal contracting officer by former employee.
- Represent major provider of IT systems and services to federal government in numerous internal investigations involving a variety of issues including alleged cyber security breaches, physical security breaches, labor mischarging, and falsified documentation of contract performance.
- Represent war zone defense contractor in internal investigation and related congressional investigation of various inflammatory public allegations including human trafficking and labor mischarging.
- Represent former employee of national consulting firm in parallel criminal and civil fraud investigations of alleged overcharging based on Cost Accounting Standards violations.
- Represented Fortune 100 defense contractor in federal grand jury investigation of alleged falsification of testing documentation for military aircraft parts; government closed investigation with no action taken against client.
- Represented defense contractor in internal investigation and disclosure of alleged falsification of destructive-testing documentation for military safety gear; government closed investigation with no action taken against client.
- Represented military hardware manufacturer in internal investigation of criminal small-business fraud, including assessment and formulation of strategy for potential disclosures.
- Represented university board of trustees in internal investigation of alleged federal research grant mischarging and kickbacks.
False Claims Act - Government Contracts
- Represent Fortune 500 defense contractor in FCA investigation of alleged overcharging based on Cost Accounting Standards violations.
- Represent Fortune 100 transportation company in parallel criminal and FCA investigations of alleged massive overcharging of federal government based on misrepresentations of contract performance.
- Represent large engineering and construction firm in FCA investigation of overcharging based on violations of the Truth in Negotiations Act.
- Represent manufacturer of military hardware in FCA investigation of false claims based on provision of allegedly defective products.
- Represented Fortune 500 transportation company in FCA investigation of overcharging based on misrepresentation of contract performance; convinced government to drop FCA investigation and resolve as contract dispute.
- Represented Fortune 500 transportation company in FCA qui tam litigation based on allegations of labor and material mischarging; won motion to dismiss that dispensed with case.
- Represented large U.K. defense contractor in FCA investigation and qui tam litigation based on allegations of widespread labor and material overcharging on USAF contracts; case settled on favorable terms.
- Represented Fortune 100 defense contractor in related FCA qui tam actions concerning accounting for asset depreciation and self-insurance costs; cases settled on favorable terms.
False Claims Act - Health Care
- Represented regional health system in FCA qui tam action based on alleged pervasive Stark Law and Anti-Kickback Statute violations; won motion to dismiss that forced relator to settle for nuisance value.
- Represented regional health system in FCA qui tam action based on alleged medically unnecessary procedures and upcoding; settled for nominal amount.
- Represented trade association of leading health systems for purposes of filing amicus brief in U.S. Supreme Court supporting granting writ of certiorari in FCA case with industry-wide implications.
Foreign Corrupt Practices Act
- Represented aviation company in criminal investigation of bribes paid to Middle Eastern customer; convinced DOJ to decline prosecution of client.
- Represented Fortune 500 telecommunications company in internal investigation of alleged rampant bribery in AsiaPac region, and recommended compliance program improvements.
- Represented large multinational medical device company in comprehensive revamping of all aspects of anti-corruption compliance program.
- Represented Fortune 100 chemical and life sciences company for purposes of counseling on a variety of anti-corruption issues arising in China.
Trade Secrets Theft and Cybercrime
- Represented Fortune 100 company, which was victim of extensive trade secrets theft, in complex parallel civil and criminal proceedings; foreign competitor ultimately pleaded guilty to trade secrets theft and paid client $275 million in criminal restitution.
- Represented CEO of high tech company in criminal prosecution for hacking into competitor's computer system; following guilty plea, client was sentenced to 2 months of incarceration despite Sentencing Guidelines range of, and government request for, a sentence from 18 to 24 months.
- Represented national consulting firm in investigating and resolving trade secrets theft by former employee.
- Represented Fortune 100 chemical and life sciences company in parallel civil and criminal proceedings against employee for theft of trade secrets.
- Represented large multinational defense contractor in investigating and resolving trade secrets theft by former employee.
Antitrust
- Represented European national airline in global cartel investigation, including DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in air cargo industry and related offenses including obstruction of justice; matter resolved through negotiated guilty plea.
- Represented joint venture between major chemical companies in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing and customer allocation in synthetic fibers markets; matter resolved through negotiated guilty plea.
- Represented multinational auto parts manufacturer in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in aftermarket parts market; investigation closed with no adverse action taken against client.
- Represented Fortune 100 chemical company in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in aftermarket automotive paint market; investigation closed with no adverse action taken against client.
- Represented two individuals in DOJ investigation of criminal Sherman Act violations based on alleged price-fixing in residential doors market; no adverse action taken against clients.
Export Control
- Represented individual in criminal investigation and prosecution of export control violations based on alleged transshipments of forklifts to Iran; secured cooperation agreement granting client immunity from prosecution.
- Represented individual in criminal investigation of export control violations based on alleged transshipments of aircraft parts to Iran; no adverse action taken against client.
Public Integrity
- Represented federal SES employee in long-running investigation of alleged contempt of court and false statements by numerous agency personnel; no adverse action taken against client.
- Represented two high-ranking White House officials in several parallel congressional and criminal investigations; no adverse action taken against clients.
- Represented former high-ranking DOJ official in investigation and prosecution by Independent Counsel; matter resolved on eve of trial through guilty plea on favorable terms.
Trials
- Represented pharmaceutical company vice president through investigation and trial of alleged criminal violations of FDA rules and regulations and obstruction of a federal proceeding; client acquitted.
- Represented Fortune 500 transportation company in investigation and trial of alleged criminal false statements and certifications to a federal agency; client acquitted.