Mark B. Sheppard

For more than 30 years, Mark has focused his practice on complex white collar defense matters.  He has represented clients in federal criminal trials, grand jury investigations, SEC/FINRA enforcement actions and parallel civil investigations.  He also regularly conducts internal investigations and counsels clients on the implementation of corporate compliance policies. Mark also represents clients in complex civil litigation matters including representing directors and officers and defending False Claims Act matters.

Mark is a past President of the Pennsylvania Association of Criminal Defense Lawyers and was appointed by the Governor to serve on the Pennsylvania Commission of Sentencing from 2015 -2019. He has testified before both the United States Senate and Pennsylvania Senate Judiciary Committees and various legislative and judicial task forces on matters relating to federal and state criminal enforcement and grand jury reform. He is also and is a frequent lecturer on these topics.

Mark has built a record of successfully representing corporations, publicly officials and individuals. Representative matters include:

• Securing a not guilty verdict on all charges for a State Senator following a federal jury trial on corruption charges
• Successfully achieving a declination from prosecution for a public official and union leader following a two year grand jury investigation in a public corruption and labor racketeering charge
• Securing a diversionary disposition and expungement of all charges for a state contractor charged with bribery relating to the award of a $95 million public contract
• Securing a probationary sentence for an attorney and township solicitor alleged to have assisted in a federal corruption and kickback scheme
• Successfully negotiated a guilty plea agreement for a defendant in the infamous
  “Kid’s for Cash” case resulting in a sentencing cap of 18 months where the co-defendants received sentences of 28 and 18 years in prison, respectively
• Securing a 90 day sentence and favorable civil resolution for federal tax violations involving more than $15 million in undeclared off-shore accounts
• Convinced the United States Attorney’s Office for the Southern District of New York (SDNY) to decline to intervene in a civil false claims/qui tam case against a national law firm and its affiliates and thereafter negotiated a favorable settlement
• Represented numerous persons and entities including the former Chair of the Pennsylvania Democratic Party, certain former and current senior members of the Catholic Clergy, state contractors and various state officials in state grand jury proceedings
• Conducted various internal corporate investigations for healthcare and federal contracting clients and successfully defended them in subsequent federal and civil regulatory enforcement actions

Mark also has a broad base of civil trial and appellate experience. He regularly represents parties in complex commercial matters, including actions grounded in fraud and in connection with other business torts. He has tried a number of civil cases in both state and federal courts and argued appeals before the Pennsylvania Supreme and Superior Courts and the U.S. Court of Appeals for the Third Circuit. He has also served as a mediator in a number of complex business disputes. Mark also has significant bankruptcy litigation experience.

Representative matters include

• Successfully defended with co-lead counsel, eight compounding pharmacies and their physician owners in an alleged $35 million insurance fraud and kickback scheme brought by a national insurance company
• Successfully defended a national franchisor in a franchisee arbitrations alleging RICO fraud and consumer protection violations
• Oversaw the investigation of and ultimately obtained court approval to bring a $1.5 billion fraudulent conveyance/breach of fiduciary duty claim against the debtor’s multi-national parent and tried as co-lead counsel objections to plan confirmation
• Served as co-lead trial counsel for asbestos creditors’ committee, resulting in a finding of an estimated liability on the part of the debtor in excess of $1.1 billion

Quoted, “Could you face PPP fraud charges? What lawyers are saying about potential risk,” Philadelphia Business Journal, May 15, 2020

Author, “SBA Issues New FAQs Regarding Certification Requirements,” May 13, 2020

Co-Presenter, “WEBINAR: You’ve Gotten a PPP Loan. What Now?” May 12, 2020

Author, “Alert: U.S. Supreme Court Rejects the Government’s Property Fraud Theory and Reverses ‘Bridgegate’ Fraud Convictions,” May 12, 2020

Author, “DOJ Use of the Defense Production Act to Combat Alleged Price Gouging During the COVID-19 Pandemic Raises Significant Questions for Unwary Vendors,” May 4, 2020

Author, “Stepped-Up Enforcement Under the CARES Act Creates Dangers for Even the Most Scrupulous and Unwitting of Applicants,” April 14, 2020

Quoted, “High-profile attorney, firm leader latest to depart Montgomery McCracken,” Philadelphia Business Journal, March 4, 2019

Quoted “Klehr Harrison Adds White-Collar Litigator Sheppard From Montgomery McCracken” The Legal Intelligencer, March 1, 2019

Author, “Second Circuit Reverses ‘Downstream Tippee’ Convictions in Insider Trading Cases” White Collar Alert, December 12, 2014

Author, Tapping into Wall Street – The Government Employs Tougher Tactics Against Money Crimes; American Bar Association – Criminal Justice Newsletter, January 5, 2012

Author, Wiretaps and Undercover Sting Operations: Are White Collar Defendants Ready? Financial Fraud Law Report, October 1, 2010

Testimony before the United States Senate Committee on the Judiciary: “The Thompson Memorandum and its Effect upon the Attorney Client Privilege In Corporate Investigations,” September 12, 2006