Scott L. Marrah

Partner
Services: White Collar Crime & Special Investigations; Privacy & Data Security; Health Care Litigation; Big Data, Privacy & Cybersecurity; Government & Regulatory

Scott Marrah co-leads of the firm’s Government Enforcement & Investigations Team and serves on the firm’s Executive Committee. He has extensive experience in the areas of white collar criminal defense, internal, criminal and SEC investigations, and complex commercial litigation. Mr. Marrah has significant trial and appellate experience gained from years as both a federal prosecutor and a defense attorney in private practice.

Mr. Marrah assists clients with government enforcement issues including the Foreign Corrupt Practices Act, the False Claims Act (including government contracting, healthcare and tax matters), Civil Investigative Demands, securities fraud allegations, criminal environmental and antitrust issues and export enforcement. He also regularly represents financial institutions in matters with DOJ, SEC, FDIC, and OCC, including subpoena compliance and internal investigations. He assists companies with grand jury inquiries and has handled investigations conducted by the Office of Inspector General from a variety of federal agencies.

Prior to joining the firm, he served as an Assistant United States Attorney in the Southern District of New York, where he successfully investigated and prosecuted a wide array of federal offenses in the areas of terrorism and national security, securities fraud, RICO, white collar crime, money laundering, export control and commerce violations, organized crime, trademark infringement and counterfeiting, mail, wire and bank fraud and international narcotics. As an Assistant United States Attorney, Mr. Marrah had numerous jury trials, bench trials, and hearings in federal court and also briefed and argued appeals before the United States Court of Appeals for the Second Circuit.

Before serving as a prosecutor, Mr. Marrah was a partner in an international law firm where he handled internal corporate investigations, white collar criminal defense, False Claims Act cases and complex commercial litigation matters. He also handled matters involving the Foreign Corrupt Practices Act, healthcare, environmental and SEC issues.

Mr. Marrah was recognized as a Georgia “Super Lawyer” in Criminal Law in 2016 and the five years prior by Super Lawyers magazine. He was also named to Georgia Trend‘s “Legal Elite” list for Criminal Law in 2015 and the six years immediately preceding.

Education

Ohio State University, Moritz College of Law, J.D., with honors (1993)

Ohio State University, B.A., summa cum laude (1990)

Bar Admissions

Georgia (1998)

Not Licensed in New York

Ohio (1993)

Admissions

U.S. Court of Appeals for the Eleventh Circuit (2007)

U.S. Court of Appeals for the Sixth Circuit (1994)

U.S. District Court for the Southern District of Ohio (1995)

U.S. District Court for the Northern District of Georgia (1999)

U.S. Court of Appeals for the Second Circuit (2005)

Clerkship

U.S. Court of Appeals for the Sixth Circuit – Chief Judge Alice M. Batchelder

FCPA declination by DOJ and SEC

Obtained a complete declination by Department of Justice and SEC of an FCPA matter for a public company client. Conducted a multi-national FCPA investigation and provided a voluntary disclosure to DOJ and SEC on behalf of an Audit Committee. Also assisted with training and instituting compliance improvements.

Anti-bribery compliance training for a U.S. retailer’s operating facilities in China

Conducted anitbribery compliance training for a U.S. retailer’s operating facilities in China in January 2015.

Foreign Corrupt Practices Act advice for consumer goods manufacturer

Advised an international consumer goods manufacturer on Foreign Corrupt Practices Act issues as well as assisted in drafting its FCPA policy, guidelines and contract language.

Anti-bribery compliance training for U.S. retailer operating facilities in China

Conducted anti-bribery compliance training for U.S. retailer operating facilities in China in January, June, and November 2015.

Board investigation of FCPA issues

Conducted internal investigations on behalf of Board of Directors of Fortune 500 company regarding potential Foreign Corrupt Practices Act violations in Middle East, Southeast Asia and Africa and assisted with government disclosure issues.

Foreign Corrupt Practices Act investigations, compliance and training

Conducted internal investigations for several Fortune 500 companies regarding Foreign Corrupt Practices Act issues in Middle East, Latin America, Europe, Southeast Asia, India and China. Also assisted with instituting or updating FCPA compliance programs, including risk assessments, policies, third party contracts and due diligence and employee training in China, Hong Kong, Vietnam, Indonesia, Mexico and the Middle East.

Conducted internal investigation for international construction company

Performed an internal investigation for an international construction company into Foreign Corrupt Practices Act issues as well as conducted training for employees.

National security matters, Foreign Corrupt Practice Act, export violations and counter proliferation

Investigated and prosecuted cases involving national security matters, Foreign Corrupt Practice Act, export violations and counter proliferation issues.

Foreign Corrupt Practices Act internal investigation

Conducted an internal investigation into Foreign Corrupt Practices Act issues in the Caribbean for a public company and later, provided extensive training to executive officers, the legal department as well as employees.

International internal investigation

Conducted an internal investigation in the United States, Saudi Arabia, Jordan, Turkey and Dubai into anti- corruption issues for a Fortune 100 company in response to a government inquiry. Assisted company with government disclosures to DOJ.

Internal investigation of NYSE-listed energy company

Internal investigation on behalf of audit committee of NYSE-listed energy company to assess allegations regarding a wide array of issues, including securities and accounting fraud, violations of Sarbanes-Oxley and compliance with a variety of federal and state regulations.

Internal and government investigations

Led corporate internal and government investigations of potential misconduct, including criminal antitrust and securities violations, and other criminal statutes.

Internal investigation with potential criminal and regulatory exposure

Internal investigation on behalf of a Fortune 100 company of potential criminal and regulatory exposure arising from an environmental incident in the Midwest.

Investigation on behalf of special committee of board of directors

Internal investigation for special committee of board of directors of a bank related to misuse of bank resources by executive officers, including reports to special committee, board, auditors and regulators.

Represented former White House official in DOJ probe

Represented a former White House official in Department of Justice criminal investigation into U.S. Attorney firings.

Declination of prosecution in criminal tax matter

Represented company in criminal tax matter, resulting in Department of Justice declination of prosecution.

Computer intrusions and related computer crimes

Advised Fortune 500 companies with respect to computer intrusions and related computer crimes.

RICO prosecution of an organized crime family

Co-lead counsel in successful RICO prosecution of 32 members and associates of the Gambino crime family, including the Acting boss and Underboss. Family captain convicted after six-week jury trial.

Prosecution of large-scale securities, wire, and mail fraud conspiracies

Served as lead counsel in prosecution of large-scale securities, wire, and mail fraud conspiracies.

“Latest Developments in U.S. FCPA Enforcement,” The Journal of the American Chamber of Commerce in Shanghai – Insight, September 2016

“FCPA and Anti-Corruption Enforcement,” Panelist, Healthcare Committee American Chamber of Commerce Shanghai in Shanghai, China, June 16, 2016

“Case Studies in Third Party Audits — What Should You Do If…” Panelist, 9th Advanced China Summit on Anti-Corruption in Shanghai, China, June 15, 2016

“Trends Regarding Anti-Corruption Enforcement & Espionage in China and the United States,” Panelist, ABA Criminal Justice Section Global White Collar Crime Institute in Shanghai, China, November 20, 2015

“Minimizing Corruption Incentives in Your Sales and Marketing Operations: Focus on Corporate Events, Sponsorship, and Kickback Schemes,” Moderator, American Conference Institute 8th Advanced China Forum on Anti-Corruption in Shanghai, China, June 16, 2015

“Anti-Corruption Law,” Panelist, American Chamber of Commerce Shanghai, Legal Committee in Shanghai, China, January 23, 2015

“Whistleblowers/Qui Tam Actions,” Moderator, American Bar Association International White Collar Crime

Conference in London, England, October 13, 2014

“The Evolving Challenges of Investigating and Preventing Corporate Espionage and Cyber Crimes in the Twenty-First Century,” Moderator, American Bar Association International White Collar Crime Conference in London, England, October 7, 2013

“Recent Trends in Transnational Investigations,” Moderator, American Bar Association, Criminal Justice

Section in Frankfurt, Germany, December 7, 2012

“Government Investigations” Panel Discussion, Federal Bar Association in Atlanta, Georgia, February 2012

“Watching Your Step: Identifying and Dealing with Complicated Issues that can Undermine an Internal Investigation,” ICLE in Georgia, White Collar Crime Seminar in Atlanta, Georgia, January 2012

“Anti-Corruption Measures in Infrastructure Projects: Moving from Preaching to Practice,” International Bar Association Annual Conference in Dubai, United Arab Emirates, November 2011

“When East Meets West: Navigating Antitrust in the US and Taiwan,” Graduate Institute of Intellectual Property, College of Commerce, National Chengchi University in Taipei, Taiwan, October 2011

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Scott Marrah co-leads of the firm’s Government Enforcement & Investigations Team and serves on the firm’s Executive Committee. He has extensive experience in the areas of white collar criminal defense, internal, criminal and SEC investigations, and complex commercial litigation. Mr. Marrah has significant trial and appellate experience gained from years as both a federal prosecutor and a defense attorney in private practice.

Mr. Marrah assists clients with government enforcement issues including the Foreign Corrupt Practices Act, the False Claims Act (including government contracting, healthcare and tax matters), Civil Investigative Demands, securities fraud allegations, criminal environmental and antitrust issues and export enforcement. He also regularly represents financial institutions in matters with DOJ, SEC, FDIC, and OCC, including subpoena compliance and internal investigations. He assists companies with grand jury inquiries and has handled investigations conducted by the Office of Inspector General from a variety of federal agencies.

Prior to joining the firm, he served as an Assistant United States Attorney in the Southern District of New York, where he successfully investigated and prosecuted a wide array of federal offenses in the areas of terrorism and national security, securities fraud, RICO, white collar crime, money laundering, export control and commerce violations, organized crime, trademark infringement and counterfeiting, mail, wire and bank fraud and international narcotics. As an Assistant United States Attorney, Mr. Marrah had numerous jury trials, bench trials, and hearings in federal court and also briefed and argued appeals before the United States Court of Appeals for the Second Circuit.

Before serving as a prosecutor, Mr. Marrah was a partner in an international law firm where he handled internal corporate investigations, white collar criminal defense, False Claims Act cases and complex commercial litigation matters. He also handled matters involving the Foreign Corrupt Practices Act, healthcare, environmental and SEC issues.

Mr. Marrah was recognized as a Georgia “Super Lawyer” in Criminal Law in 2016 and the five years prior by Super Lawyers magazine. He was also named to Georgia Trend‘s “Legal Elite” list for Criminal Law in 2015 and the six years immediately preceding.

Education

Ohio State University, Moritz College of Law, J.D., with honors (1993)

Ohio State University, B.A., summa cum laude (1990)

Bar Admissions

Georgia (1998)

Not Licensed in New York

Ohio (1993)

Admissions

U.S. Court of Appeals for the Eleventh Circuit (2007)

U.S. Court of Appeals for the Sixth Circuit (1994)

U.S. District Court for the Southern District of Ohio (1995)

U.S. District Court for the Northern District of Georgia (1999)

U.S. Court of Appeals for the Second Circuit (2005)

Clerkship

U.S. Court of Appeals for the Sixth Circuit – Chief Judge Alice M. Batchelder

FCPA declination by DOJ and SEC

Obtained a complete declination by Department of Justice and SEC of an FCPA matter for a public company client. Conducted a multi-national FCPA investigation and provided a voluntary disclosure to DOJ and SEC on behalf of an Audit Committee. Also assisted with training and instituting compliance improvements.

Anti-bribery compliance training for a U.S. retailer’s operating facilities in China

Conducted anitbribery compliance training for a U.S. retailer’s operating facilities in China in January 2015.

Foreign Corrupt Practices Act advice for consumer goods manufacturer

Advised an international consumer goods manufacturer on Foreign Corrupt Practices Act issues as well as assisted in drafting its FCPA policy, guidelines and contract language.

Anti-bribery compliance training for U.S. retailer operating facilities in China

Conducted anti-bribery compliance training for U.S. retailer operating facilities in China in January, June, and November 2015.

Board investigation of FCPA issues

Conducted internal investigations on behalf of Board of Directors of Fortune 500 company regarding potential Foreign Corrupt Practices Act violations in Middle East, Southeast Asia and Africa and assisted with government disclosure issues.

Foreign Corrupt Practices Act investigations, compliance and training

Conducted internal investigations for several Fortune 500 companies regarding Foreign Corrupt Practices Act issues in Middle East, Latin America, Europe, Southeast Asia, India and China. Also assisted with instituting or updating FCPA compliance programs, including risk assessments, policies, third party contracts and due diligence and employee training in China, Hong Kong, Vietnam, Indonesia, Mexico and the Middle East.

Conducted internal investigation for international construction company

Performed an internal investigation for an international construction company into Foreign Corrupt Practices Act issues as well as conducted training for employees.

National security matters, Foreign Corrupt Practice Act, export violations and counter proliferation

Investigated and prosecuted cases involving national security matters, Foreign Corrupt Practice Act, export violations and counter proliferation issues.

Foreign Corrupt Practices Act internal investigation

Conducted an internal investigation into Foreign Corrupt Practices Act issues in the Caribbean for a public company and later, provided extensive training to executive officers, the legal department as well as employees.

International internal investigation

Conducted an internal investigation in the United States, Saudi Arabia, Jordan, Turkey and Dubai into anti- corruption issues for a Fortune 100 company in response to a government inquiry. Assisted company with government disclosures to DOJ.

Internal investigation of NYSE-listed energy company

Internal investigation on behalf of audit committee of NYSE-listed energy company to assess allegations regarding a wide array of issues, including securities and accounting fraud, violations of Sarbanes-Oxley and compliance with a variety of federal and state regulations.

Internal and government investigations

Led corporate internal and government investigations of potential misconduct, including criminal antitrust and securities violations, and other criminal statutes.

Internal investigation with potential criminal and regulatory exposure

Internal investigation on behalf of a Fortune 100 company of potential criminal and regulatory exposure arising from an environmental incident in the Midwest.

Investigation on behalf of special committee of board of directors

Internal investigation for special committee of board of directors of a bank related to misuse of bank resources by executive officers, including reports to special committee, board, auditors and regulators.

Represented former White House official in DOJ probe

Represented a former White House official in Department of Justice criminal investigation into U.S. Attorney firings.

Declination of prosecution in criminal tax matter

Represented company in criminal tax matter, resulting in Department of Justice declination of prosecution.

Computer intrusions and related computer crimes

Advised Fortune 500 companies with respect to computer intrusions and related computer crimes.

RICO prosecution of an organized crime family

Co-lead counsel in successful RICO prosecution of 32 members and associates of the Gambino crime family, including the Acting boss and Underboss. Family captain convicted after six-week jury trial.

Prosecution of large-scale securities, wire, and mail fraud conspiracies

Served as lead counsel in prosecution of large-scale securities, wire, and mail fraud conspiracies.

“Latest Developments in U.S. FCPA Enforcement,” The Journal of the American Chamber of Commerce in Shanghai – Insight, September 2016

“FCPA and Anti-Corruption Enforcement,” Panelist, Healthcare Committee American Chamber of Commerce Shanghai in Shanghai, China, June 16, 2016

“Case Studies in Third Party Audits — What Should You Do If…” Panelist, 9th Advanced China Summit on Anti-Corruption in Shanghai, China, June 15, 2016

“Trends Regarding Anti-Corruption Enforcement & Espionage in China and the United States,” Panelist, ABA Criminal Justice Section Global White Collar Crime Institute in Shanghai, China, November 20, 2015

“Minimizing Corruption Incentives in Your Sales and Marketing Operations: Focus on Corporate Events, Sponsorship, and Kickback Schemes,” Moderator, American Conference Institute 8th Advanced China Forum on Anti-Corruption in Shanghai, China, June 16, 2015

“Anti-Corruption Law,” Panelist, American Chamber of Commerce Shanghai, Legal Committee in Shanghai, China, January 23, 2015

“Whistleblowers/Qui Tam Actions,” Moderator, American Bar Association International White Collar Crime

Conference in London, England, October 13, 2014

“The Evolving Challenges of Investigating and Preventing Corporate Espionage and Cyber Crimes in the Twenty-First Century,” Moderator, American Bar Association International White Collar Crime Conference in London, England, October 7, 2013

“Recent Trends in Transnational Investigations,” Moderator, American Bar Association, Criminal Justice

Section in Frankfurt, Germany, December 7, 2012

“Government Investigations” Panel Discussion, Federal Bar Association in Atlanta, Georgia, February 2012

“Watching Your Step: Identifying and Dealing with Complicated Issues that can Undermine an Internal Investigation,” ICLE in Georgia, White Collar Crime Seminar in Atlanta, Georgia, January 2012

“Anti-Corruption Measures in Infrastructure Projects: Moving from Preaching to Practice,” International Bar Association Annual Conference in Dubai, United Arab Emirates, November 2011

“When East Meets West: Navigating Antitrust in the US and Taiwan,” Graduate Institute of Intellectual Property, College of Commerce, National Chengchi University in Taipei, Taiwan, October 2011

CONTACT ME

1100 Peachtree Street NE, Suite 2800
Atlanta, Georgia, 30309
404 815 6609

DISCLAIMER


While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.

DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.

If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.

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CONTACT US

DISCLAIMER

While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.

DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.

If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.

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