People

Kyle Clark Baker Botts Washington
Kyle Clark
Partner | Practice Group Chair - White Collar Defense and Corporate Investigations

Overview

"Kyle is an exceptionally skilled advocate who is equally comfortable in front of a jury or a small group of executives."

Chambers USA 2023

Kyle Clark is the firmwide Chair of the White Collar Defense and Corporate Investigations Practice. Kyle helps companies and executives across the globe who are facing U.S. criminal investigations and charges, and also helps companies investigate events within their organization.

Kyle uses his experience navigating U.S. federal investigations to support companies and individuals facing fraud, false claims act, false statements, money laundering and FCPA allegations.

Kyle also devotes significant time to advising and defending healthcare companies, hospitals, and physicians on investigations led by Justice Department prosecutors and other federal agencies (like DEA, DHS, FDA), relying on his legal experience with healthcare matters and his network of healthcare connections.

Kyle serves on the board of a nonprofit, nonpartisan organization working to improve the administration of justice in the Washington, D.C. area alongside judges, prosecutors, and other private sector lawyers.

When not practicing law, Kyle devotes his time to raising his two children with his spouse (a registered nurse), training for triathlons and sailing.

Admission & Affiliations

  • District of Columbia Bar
  • State Bar of Michigan
  • United States District Courts for the District of Columbia and the Western District of Michigan
  • United States Court of Appeals for the District of Columbia
  • Board Member, Council for Court Excellence
  • National Association of Criminal Defense Lawyers
  • J.D., Georgetown University Law Center 2006
    magna cum laude
    Editor in Chief, Annual Survey of White Collar Crime
    Order of the Coif
  • B.B.A., Accounting, Grand Valley State University 2003
    magna cum laude
  • B.B.A., Business Economics, Grand Valley State University 2003
    magna cum laude

Experience

Criminal Defense & Government Investigations

  • Fortune 500 medical supply company: criminal investigation by U.S. Attorney's Office relating to sales of restricted pharmaceutical products resulting in declination for the parent company
  • Fortune 500 engineering company: SEC investigation focused on procurement, sales and government pricing conduct of international joint venture resulting in no action
  • Physician: criminal investigation by U.S. Attorney's Office relating to medical necessity of cardiac procedures resulting in a declination
  • Executive: prosecution by U.S. Attorney's Office relating to corporate hospitality offered during pendency of government contract
  • Former government employee: false statement prosecution by U.S. Attorney's Office relating to matters involving granting of security clearance
  • Former government employee: U.S. Congressional investigation and Inspector General investigation focused on handling of classified and sensitive but unclassified (SBU) information
  • Accounting Partner: investigation by the Public Company Accounting Oversight Board (PCAOB)
  • Foreign broker-dealers: federal judicial forfeiture proceedings under 18 U.S.C. § 981 and 18 U.S.C. § 1960
  • Fortune 500 executive: DOJ investigation under the FCPA and Sherman Antitrust Act
  • Fortune 100 executive: DOJ and SEC investigations of suspected FCPA violations in Central America
  • Fortune 500 executive: DOJ investigation of suspected FCPA violations in the Middle East
  • Executive: SEC investigation of suspected FCPA violations in the Middle East
  • Mining company: criminal investigation by U.S. Attorney's Office relating to compliance with environmental regulations
  • Private energy company: conducted internal investigation and presented findings to both foreign and U.S. enforcement authorities resulting in an FCPA declination

Corporate Investigations & FCPA Compliance

  • Conducted internal investigations and performed pre- and post- acquisition diligence and risk assessments throughout Asia, Africa, South America, the Middle East and Europe relating to Foreign Corrupt Practices Act (FCPA) compliance
  • Fortune 50 company: conducted anti-corruption, compliance and controls risk assessment across Asia, Europe and the Middle East
  • LSE-registered company: conducted internal investigation focused on compliance with foreign immigration regulations and coordinated with licensing agency on restoring good standing following cancelled audit
  • Fortune 250 company: conducted internal investigation focused on compliance with federal and state environmental regulations, judicial reporting obligations and compliance with internal accounting protocols
  • Aerospace company: conducted internal investigation focused on participation in U.S. and foreign military sales involving controlled products
  • Fortune 500 company: conducted compliance-focused risk assessments across Asia, Europe and South America
  • Fortune 500 company: conducted compliance-focused risk assessments and acquisition due diligence on possible corporate targets, and revised existing compliance policies and procedures
  • Fortune 500 company: revised existing compliance policies and procedures and provided prospective advice regarding interactions with foreign regulators
  • Fortune 1000 company: conducted internal investigation focused on anti-bribery, books and records and internal controls matters impacting operations in Africa and the Middle East
  • Fortune 1000 company: periodic assessment of compliance with FCPA and contractual obligations involving joint venture operation in Asia
  • Fortune 1000 company: FCPA guidance relating to conduct of international joint venture partner and operations in Asia and Europe
  • Fortune 1000 company: consulted on enhancements to global anti-corruption policies and procedures and training program

Complex Business Litigation

  • Asian telecommunications company: International Center for Dispute Resolution (ICDR) arbitration between Asian and North American companies involving alleged defective products/services with an amount in dispute of US$ 3.5 billion
  • Investment fund: ICC arbitration between Bermuda and Malaysia companies involving alleged violations of Korean law with an amount in dispute of US$ 700 million
  • Fortune 500 executive: defense of class action litigation, derivative litigation and regulatory agency proceedings
  • Fortune 100 company: advice regarding planned arbitration dispute in connection with multi-year LNG sales agreement



Awards and Community

Recognized in Litigation: White-Collar Crime & Government Investigations - District of Columbia, by Chambers USA, 2023

Recognized as a Washington D.C. Super Lawyer-Rising Star (Thomson Reuters), 2014-2021

Recognized for Corporate Investigations and White-Collar Criminal Defense by The Legal 500 U.S., 2019

Selected by Global Investigations Review as one of "40 under 40" Leading Investigations Lawyers in the World, 2017

Selected by Legal BisNow as one of the "30 Under 30" in Washington, D.C., 2008