Christopher P. Hotaling

My focus

Government and Internal Investigations and Compliance

Leveraging my years of experience as a federal prosecutor in Chicago, I represent companies, boards of directors, and individuals in internal investigations or enforcement actions brought by the Department of Justice, United States Attorneys’ Offices, the Securities and Exchange Commission, the Department of the Treasury’s Office of Foreign Assets Control (OFAC), federal inspectors general, and other regulatory and enforcement agencies. I also have significant experience investigating and litigating an expansive array of white collar and regulatory areas including securities fraud, bankruptcy fraud, healthcare fraud and the False Claims Act, tax fraud, money laundering, RICO, asset forfeiture, and public corruption. My time in government has provided me with a unique perspective when assisting my clients with government investigations and regulatory matters, including subpoenas issued by federal or state agencies, internal corporate investigations, and criminal and civil enforcement proceedings.

A portion of my practice also focuses on assisting and counseling clients (both domestic and international) to navigate the complexities that often arise in cross-border transactions. I have advised international clients who have come into contact with U.S.-based law enforcement and, in other circumstances, have assisted companies with ensuring their compliance with cross-border laws and regulations, including with respect to Foreign Corrupt Practices Act (FCPA), anti-money laundering (AML) and Bank Secrecy Act, OFAC, and export control compliance. I’m well positioned to help my clients not only ensure their regulatory compliance systems are adequate, but also advise and negotiate on their behalf if they find themselves the target of an investigation. Similarly, I have represented international clients in efforts to secure discovery located in the United States, which is needed in foreign litigation, through the Section 1782 process.

Before joining the firm, I was the Chief of the Narcotics and Money Laundering Section at the U.S. Attorney’s Office for the Northern District of Illinois in Chicago. During my tenure as section chief, I personally led or supervised over 500 complex investigations touching on virtually every corner of federal criminal law. Additionally, while acting as section chief, I served as both the office’s asset forfeiture coordinator and district opioid coordinator. I also have extensive courtroom experience, including 24 federal jury trials, many involving complex fraud and financial issues, and arguments in over 12 matters before the U.S. Court of Appeals for the Seventh Circuit.

Collegiate Sports Experience

I have also recently expanded my practice to include the dynamic and ever-changing world of college athletics. I have represented multiple college coaches in infractions proceedings before the NCAA Committee on Infractions or the Independent Resolution Panel. I can also assist institutions and athletic conferences with compliance reviews, advice regarding the evolving issue of “name, image, and likeness,” litigation brought against an institution or its employees, and other challenges facing collegiate athletics departments.

Representative experience

• Successfully represented NCAA Division I head men’s basketball coach charged with recruiting and head coach control violations. The client was cleared of all allegations at the conclusion of an infractions hearing before the NCAA Independent Resolution Panel. 
• Currently representing a different Division I head men’s basketball coach charged with recruiting and head coach control violations.
• Currently representing multiple public utility employees called as witnesses in public corruption trial in Chicago.
• Successfully represented a foreign bank in proceeding before OFAC. After conducting an internal investigation, a voluntary self-disclosure was made. OFAC dismissed the matter with no public disclosure or fine, ending the matter with a cautionary letter to the client.
• Successfully represented client in a market manipulation (“spoofing”) investigation conducted by the DOJ Fraud Division and secured a non-prosecution agreement.
• Successfully represented client in fraud investigation conducted by the DOJ Money Laundering and Asset Recovery Section. The matter was closed with no charges being filed.
• Represented client charged with Paycheck Protection Program (PPP) fraud in the U.S. District Court in Arizona and secured a sentence of probation.
• Currently representing company and its owners/managers in tax fraud investigation in the U.S. District Court in central Illinois. The U.S. Attorney’s Office declined to prosecute the company and its principal owner. After negotiating with the DOJ Tax Division, the primary manager was charged with misdemeanor, instead of felony, counts of tax fraud.
• Currently representing business owner charged with tax fraud and conspiracy in the U.S. District Court in Nevada.
• Currently representing clients in a criminal asset forfeiture proceeding pending in the U.S. District Court in Colorado.
• Currently representing cannabis company in litigation and enforcement proceedings before local prosecutor’s office in northern Illinois.
• Successfully represented rehabilitation clinical practice named as a defendant in a False Claims Act complaint.
• Currently representing client in Bivens action in the U.S. District Court in Philadelphia. For this same client, we have filed multiple Freedom of Information Act (FOIA) civil complaints against the government in the U.S. District Court in Washington DC.
• Successfully represented local mayor and city council members named as defendants in employment suit brought by another city employee in the Circuit Court of Cook County. The judge granted our motion to dismiss.
• Currently representing commercial real estate company in multi-jurisdictional trade secrets and tortious interference case.
• Currently representing medical waste company in a patent infringement and false advertising case in the U.S. District Court in Chicago.
• Represented foreign government in Section 1782 action filed in U.S. District Court in Chicago seeking discovery for use in foreign criminal investigation.
• Represented foreign company in Section 1782 action filed in U.S. District Court in Miami seeking discovery for use in a foreign civil case.
• Drafted anti-money laundering, Bank Secrecy Act, and anti-corruption compliance policies for environmental company.
• Served as temporary chief compliance officer/Bank Secrecy Act officer for a law firm trust company.

Looking ahead

With the recent cooperation policies announced by DOJ, it is now more important than ever to quickly and critically investigate and evaluate a company’s potential exposure and decide whether or not to self-disclose any violations to the government. It is not always the case that self-disclosure is the right course of action.