Maxwell Carr-Howard is a member of Dentons' Litigation and Dispute Resolution practice specializing in White Collar and Government Investigations, including the Global Anti-Corruption and Internal Investigations practice areas.
As a former assistant United States attorney, Max is experienced in conducting complex transnational investigations and defending cross-border enforcement actions involving anti-corruption, antitrust and money laundering regulatory schemes, as well as those involving US economic sanctions, embargoes and export controls.
Max has strong relationships with criminal and regulatory defense counsel around the world. These enable him to build strong teams deep in relevant experience for conducting effective internal investigations, developing straightforward compliance programs for multinational corporations and defending against civil and criminal enforcement actions.
As a result of his track record, Max has been asked to speak on cross-border investigations and compliance at various multinational gatherings, including the American Bar Association's inaugural International White Collar Crime Conference in London.
Max has conducted transnational internal investigations and he has successfully defended foreign individuals and entities charged and investigated by the US Department of Justice (DOJ) for violations of the Foreign Corrupt Practices Act (FCPA) and US economic sanctions. Max has also successfully defended domestically based federal criminal and civil charges of mail and wire fraud, securities law violations, breaches of the False Claims Act and violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act. In addition, he regularly defends individuals and businesses investigated or charged by the US Department of Homeland Security, including its Immigration and Customs Enforcement agency and Homeland Security Investigations agency.
As a federal prosecutor, Max led Project Exile, a violent crime task force comprising federal and state enforcement agencies dedicated to pursuing violent criminals who illegally possessed explosive devices and controlled firearms. He coordinated the efforts of federal and state law enforcement authorities and successfully prosecuted hundreds of career violent felons during the course of this service. Before joining the DOJ, he served as staff attorney to US District Judge C. LeRoy Hansen for the District of New Mexico and co-chaired the district dourt's Legal and Policy Advisory Council.
Some specific examples of Max's prior experience include:
- Obtained a complete defense verdict on alleged securities fraud violations for the chief financial officer of a company that manages government websites, after a nearly three-week trial in the District of Kansas where the jury rejected all 12 SEC charges in their entirety.
- Represented a former senior executive of Westar Energy in a high-profile white collar criminal case. Successfully obtained dismissal of the case by the government prior to trial, as well as winning tens of millions of US dollars in compensation in related civil litigation.
- Served as an independent observer on behalf of the American Bar Association at the Military Commission convened at Guantanamo Bay Military Tribunal against Khalid Sheikh Mohammed and his co-defendants. Khalid Sheikh Mohammed is alleged to be architect of the 9/11 attack on the United States.
- Litigated double jeopardy issues before the US Court of Appeals for the Tenth Circuit.
- Successfully defended a multinational contract claim in the European Union.
- Represented individuals and companies in the course of cross-national joint investigations by law enforcement authorities in multiple jurisdictions.
- Obtained a decision by the DOJ to decline prosecution in a criminal investigation regarding export controls on "dual-use" technology.
- Obtained a non-prosecution agreement for an foreign national in an FCPA investigation.
- Coordinated the response to an antitrust investigation by the DOJ, which was closed without any charges being filed.
- "The United Kingdom's Bribery Act: This Isn't Your Father's FCPA," Criminal Litigation, Summer 2010
Activities and Affiliations
- Panelist, "What Every General Counsel Needs to Know Regarding Compliance and Internal Investigations," American Bar Association's Inaugural International White Collar Crime Conference, London, England, October 2012
- Panelist, "Anticorruption—Enforcement Has Gone Global!" World Services Group Annual Meeting, Chicago, IL, September 2011
- Speaker, "International Law: An Introduction to US Export Controls and the Foreign Corrupt Practices Act," The Missouri Bar webinar, April 2010
- Speaker, "The Sheriff Versus the Constable: Global Anti-Corruption Efforts and Multinational Corporate Compliance," International Corporate Compliance Conference, with Addleshaw Goddard LLP, London, England, November 2008
- Speaker, "How to Conduct an Internal Investigation, and Do You Need One?" CLE seminar, General Counsel Forum, The Missouri Bar, April 2007
- Speaker, "Legal Issues Related to Importing," First National Bank Importer Seminar, Kansas City, MO, November 2004
- Legal Aid Society of Western Missouri, Justice For All Campaign leadership committee, 2012–present
- Pembroke Hill School Parents Association, executive council, 2011–2012; diversity committee chair, 2011–2012
- Urban League of Greater Kansas City, board of directors, 2009–present; vice chair, 2012–present