Recent Publication:
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers
Clients facing government investigations depend on counsel with practical judgment and investigative expertise. As the co-chair of our White Collar Defense & Investigations practice group, Stephen marshals his experience in those areas to advise companies and individuals confronting potential criminal exposure.
He works with clients to conduct internal investigations, implement compliance solutions, and navigate government investigations. Stephen is highly skilled at helping clients avoid criminal charges and litigation in the first place, but if it cannot be avoided, he draws on his notable litigation experience to defend his clients’ reputations and interests. Stephen has particular experience in the areas of international anti-corruption laws, export controls, the False Claims Act, and matters relating to sports and gaming regulation.
Following two judicial clerkships, including one on the Supreme Court of the United States, Stephen served nine years as a federal prosecutor in the U.S. Attorneys’ Offices in the Southern District of New York and the Eastern District of Pennsylvania. He handled wide-ranging international investigations as a prosecutor, conducting and supervising innovative investigations of violations of the Foreign Corrupt Practices Act (FCPA) and federal export regulations. Among other successes, Stephen investigated and prosecuted individuals who exported sensitive technology to Iran in violation of export controls, uncovered and prosecuted widespread fraud in the United Nations Oil-for-Food Program, and thwarted efforts by Hezbollah to obtain thousands of heat-seeking missiles and machine guns from sources inside the United States.
In addition to his unique investigative and trial experience, Stephen has exceptional abilities as an appellate lawyer. He has briefed and argued appeals before the U.S. Courts of Appeals for the 2nd, 3rd, 7th, and Federal Circuits, and has also briefed matters in multiple state Supreme Courts and the Supreme Court of the United States.
Stephen is knowledgeable and pragmatic ... He is one of the best strategists I have seen.
Internal Investigations
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Represented a skilled nursing facility facing allegation of health care fraud, and convinced the U.S. Department of Justice to terminate its False Claims Act (FCA) investigation into the matter.
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Conducted internal investigation for a publicly traded company regarding accounting practices at one of its subsidiaries.
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Conducted internal investigation for a large health care services provider into potential Stark Act violations.
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Conducted internal investigation for a national services company regarding billing practices and mismanagement of company's resources by local agents.
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Conducted internal investigation for a publicly traded company regarding benefits provided to federal government officials.
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Conducted internal investigation for an agricultural company into fraud by a foreign partner and used that investigation to obtain a $9 million reimbursement from the client's insurance company.
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Conducted internal investigation for The Wine Advocate, a pre-eminent and independent publisher of wine reviews and ratings, into allegations of impropriety by former associates.
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Conducted internal investigation for international company into potential antitrust violation in multiple jurisdictions.
Criminal Defense
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Represented an individual under criminal investigation by the Philadelphia U.S. Attorney’s Office for participation in a fraud conspiracy. Our advocacy convinced the U.S. Attorney to decline to prosecute our client entirely.
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Represented an executive of a state contractor in connection with a federal fraud investigation. No charges were filed against the client.
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Represented an international supplier of automotive parts in connection with a federal antitrust investigation. No charges were filed against the client.
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Represented former CEO of a publicly traded health care company at sentencing. Our advocacy convinced the judge to sentence the client to 36 months in prison, where the court found the applicable sentencing guidelines range was 121-151 months imprisonment.
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Represented several executives of two international banks in connection with federal investigations of possible violations of U.S. Treasury sanctions and State of New York laws. No charges were filed against any of the clients.
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Represented manufacturer in federal price-gouging investigation. No charges were filed against the client.
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Represented horse trainer in criminal prosecution in the Southern District of New York for administering performance-enhancing drugs.
Anti-Corruption Laws and Export Controls
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Conducted internal investigation for an international energy company regarding potential FCPA exposure.
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Counseled multiple international energy companies on compliance strategies relating to the use of consultants in South America, Russia, Kazakhstan, and China, and trained those consultants directly on compliance with international anti-corruption laws.
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Advised a foreign manufacturing corporation company under investigation for violation of U.S. export controls. We investigated the matter, engaged with the prosecutors, and ultimately convinced the prosecutors that criminal charges would be inappropriate. The client was never charged and never asked to pay any civil/administrative penalty.
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Counseled an import-export company in an investigation of possible violation of export controls. No charges were filed against the client.
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Counseled a publicly traded software company about the application of U.S. trade sanctions and export controls on proposed international transactions, including advice on due diligence of potential partners and licensees.
Gaming and Sports
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Negotiated a settlement agreement with the potential to revolutionize the U.S. sports-betting market on behalf of Laura Varela and 5Dimes, a popular offshore sportsbook in Costa Rica. The U.S. Department of Justice had been investigating illegal gambling and money-laundering activity associated with 5Dimes and Ms. Varela’s husband at the time of his death in 2018. Our team negotiated an unprecedented resolution with prosecutors in the Philadelphia U.S. Attorney’s Office that resolved 5Dimes’s legal liability and that allowed Ms. Varela to reposition the sportsbook to enter the regulated U.S. sports-betting industry. Further, the Government expressly agreed to advise state regulators, banks, and investors about her extraordinary cooperation and impressive efforts to transform 5Dimes into a lawful, regulated company.
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Advised gaming companies and coaches of professional sports teams on compliance issues and business opportunities for sports relating to the Supreme Court’s landmark decision in Murphy v. NCAA (2018).
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Advised NCAA coaches and student-athletes on eligibility issues, including representation in enforcement proceedings.
News
October 05, 2023
Stephen Miller, Co-chair of the firm’s White Collar Defense & Investigations practice, authored an article in The Legal Intelligencer previewing some of the most important cases the U.S. Supreme Court will tackle in the first half of its 2023 term.
June 05, 2023
Of the 88 lawyers ranked, 17 lawyers have been recognized nationally, and eighteen were recognized in Band 1. Eight of the firm's practice areas have been recognized nationally, and nine were ranked Band 1.
June 02, 2022
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 86 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2022 edition.
October 06, 2021
Cozen O’Connor is pleased to announce that the Philadelphia Business Journal will honor Stephen Cozen and Stephen Miller at its fifth annual Best of the Bar Awards.
August 19, 2021
Best Lawyers selected 210 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2022 edition of The Best Lawyers in America.
May 26, 2021
Chambers USA, the leading annual guide to the top lawyers and law firms in the United States, has ranked 82 Cozen O’Connor lawyers as leaders in their respective fields in the guide’s 2021 edition; of those, 15 lawyers have been recognized nationally.
October 01, 2020
Barry Boss, Stephen Miller, and Kara Kapp negotiate a historic non-prosecution agreement involving 5Dimes, a major offshore sports-betting operator.
August 20, 2020
Best Lawyers selected 200 Cozen O’Connor lawyers from 23 of the firm’s nationwide offices for inclusion in the 2021 edition of The Best Lawyers in America© (Copyright 2020 by Woodward/White, Inc., of Aiken, SC).
August 28, 2019
Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.
June 21, 2019
The team includes Michael de Leeuw, Stuart Shorenstein, Tamar Wise, Stephen Miller, Jesse Loffler, William Lesser, and Anna Hanke.
February 17, 2016
Stephen Miller, who clerked for U.S. Supreme Court Justice Antonin Scalia in 1998 and 1999, discusses his time with the Justice and the influence he had as a judge.
October 08, 2013
In an article titled “Alabama case spotlights Emmert, Saban friendship,” Stephen Miller, of Cozen O’Connor’s Commercial Litigation Department, discusses NCAA enforcement actions as they relate to recent allegations about an Alabama football player accepting impermissible benefits while at the school. Miller states, “The NCAA has a major credibility problem when it comes to enforcement actions, and that's especially so under Mark Emmert because it seems Emmert picks and chooses when he wants to get involved."
Publications
April 09, 2024
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers
March 01, 2024
The Supreme Court "is currently considering its most consequential challenge to 'the administrative state' in decades," say Stephen Miller and Andrew Linz in an article in The Legal Intelligencer.
January 04, 2024
Stephen Miller, a member of the firm’s Commercial Litigation group, and Lauren Freeman, an associate of the Litigation department, authored an article in The Legal Intelligencer discussing the upcoming Supreme Court ruling in McElrath v. Georgia, where the high court will decide whether the double jeopardy clause bars retrial of a defendant who was both convicted and acquitted in an inconsistent or “repugnant” verdict.
November 03, 2023
Stephen Miller and Leigh Ann Benson contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court’s agreement to review Acheson Hotels v. Laufer.
October 10, 2023
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
September 05, 2023
Stephen Miller speaks with NC Sharp about North Carolina’s slow yet certain progress toward legal online sports betting.
August 09, 2023
Stephen Miller speaks with PlayKentucky about the significance of the legal age limit (18) on sports betting in Kentucky, the largest 18-and-over sports betting jurisdiction in the United States.
August 03, 2023
Stephen Miller speaks with PlayKentucky about the biggest legal issues sports betting companies are currently facing.
July 11, 2023
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
April 18, 2023
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
April 17, 2023
Stephen Miller and Cat Yun, attorneys in the firm’s White Collar Defense & Investigations group, authored an article in The Legal Intelligencer discussing the case of Percoco v. United States, where the Supreme Court must determine whether the honest-services-fraud statute applies only to public officials, or if it can apply to private citizens acting with influence over public officials.
February 07, 2023
Stephen Miller and Pamela Dorian published an article in The Legal Intelligencer discussing the U.S. Supreme Court’s consideration of the issue of gerrymandering in Merrill v. Milligan.
January 06, 2023
Stephen Miller and Pamela Dorian published an article in The Legal Intelligencer discussing The Supreme Court’s consideration of the Independent State Legislator theory in Moore v. Harper.
December 02, 2022
On November 29, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses.
December 01, 2022
Stephen Miller and Leigh Ann Benson argue in The Legal Intelligencer that the Supreme Court’s decision in Jones v. Hendrix, expected before July 2023, should clarify - regardless of the outcome – the rights of federal prisoners to petition for habeas corpus relief of previously challenged convictions when a high court decision of statutory interpretation is applied retroactively.
November 02, 2022
Stephen Miller and Chase Howard published an article in The Legal Intelligencer discussing Ciminelli v. United States.
July 26, 2022
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
May 02, 2022
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
April 15, 2022
Leigh Ann Benson and Stephen Miller contributed an article to The Legal Intelligencer discussing how in Ruan v. United States, the U.S. Supreme Court will decide whether a jury should consider a doctor’s subjective intent when assessing a potential violation of the Controlled Substances Act.
February 02, 2022
Nathan Larkin and Stephen Miller, discuss the DOJ's crackdown on alleged “no poach” or “wage fixing” market collusion between competitors.
January 11, 2022
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
December 21, 2021
Stephen Miller and Chase Howard published an article discussing how the U.S. Supreme Court has considered several arbitration-related challenges in recent years due to parties often preferring to arbitrate disputes rather than litigate in (public) courts.
December 13, 2021
Stephen A. Miller, David Reichenberg, and Lauren Vaca discuss the most DOJ criminal prosecution of no-poach agreements.
November 09, 2021
Next week, the NCAA's Board of Governors will receive recommendations for new rules and structures for regulating college sports.
October 08, 2021
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers
October 08, 2021
Stephen Miller contributed an article to The Legal Intelligencer discussing the US Supreme Court’s October term.
July 13, 2021
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers
June 28, 2021
The Supreme Court's June 21, 2021, decision in NCAA v. Alston ended the NCAA’s efforts to stall reform of its amateurism model, say Stephen Miller and Calli Padilla in Bloomberg Law Insights.
April 29, 2021
Stephen Miller and Jonathan Ciriello contributed an article to The Legal Intelligencer discussing how change is coming to the NCAA’s amateurism model.
April 13, 2021
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers
March 03, 2021
Stephen Miller and Rohan Mohanty contributed an article to The Legal Intelligencer discussing the U.S. Supreme Court case of Fulton v. City of Philadelphia.
February 09, 2021
Calli Padilla discusses Princeton University's administrative settlement with the U.S. Department of Commerce, Bureau of Industry and Security, to resolve allegations of violations of the Export Administration Regulations.
January 13, 2021
Stephen Miller and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.
January 12, 2021
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
January 07, 2021
Stephen Miller and Leigh Ann Benson contributed an article to The Legal Intelligencer discussing how earlier this year, only two states still permitted nonunanimous jury convictions—Louisiana and Oregon.
December 04, 2020
Stephen Miller and Catherine Yun contributed an article to The Legal Intelligencer titled, "High Court Examines Requirement of Political Party Affiliation for State Judges." This article discusses a recent case that presents a challenge to the Delaware Constitution’s anti-patronage provisions
November 04, 2020
Stephen Miller and Chase Howard contributed an article to The Legal Intelligencer explaining how in October, the court heard oral argument in Google v. Oracle America, a case that is being closely watched by the software industry.
October 19, 2020
Stephen Miller wrote an article discussing the impact of the COVID-19 pandemic has had on college athletics and the future of the NCAA.
October 19, 2020
A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers.
September 30, 2020
Barry Boss, Stephen A. Miller, and Kara Kapp discuss the non-prosecution agreement involving 5Dimes.
May 21, 2020
Karen Williams and Stephen Miller discuss the Supreme Court's decision in Kelly v. United States.
April 07, 2020
A quarterly newsletter reviewing Third Circuit opinions impacting white-collar defense lawyers.
March 04, 2020
Stephen Miller and Kristin Keehan published an article to The Legal Intelligencer discussing the mootness doctrine and some exceptions to it.
January 22, 2020
In the article, Stephen discusses the NCAA’s amateurism policies and the recent signs indicating that the Association may be moving toward a more equitable model that allows players to receive a bigger share of the wealth they create.
January 14, 2020
A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers
January 08, 2020
Stephen Miller and Chase Howard published an article to The Legal Intelligencer discussing the U.S. Supreme Court's consideration for whether a state can copyright annotated complications of its own statutes.
December 05, 2019
Stephen Miller and Leigh Ann Benson published an article to The Legal Intelligencer discussing a current case that will be brought before U.S. Supreme Court.
October 09, 2019
Stephen Miller and Ryan Kelly published an article to The Legal Intelligencer discussing when playing politics can become political, specifically in Kelly v. United States.
October 08, 2019
A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers.
July 10, 2019
A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers
May 09, 2019
Stephen Miller and Rachel Collins Clarke discuss OFAC's expectations for effective sanctions compliance programs.
May 02, 2019
The U.S. Supreme Court is considering whether to limit the power of administrative agencies. 'Kisor v. Wilkie,' which was argued last month, is a head-on challenge to the deference afforded to an agency when interpreting its own regulations.
August 03, 2015
Barry Boss, Stephen Miller, and Rebecca Brodey discuss the U.S. Department of Justice Antitrust Division’s latest investigation – airline capacity restrictions.
October 29, 2012
The NCAA is a financial juggernaut. Each year, the organization generates nearly a billion dollars of revenue premised largely on its perceived status as shepherd of the amateur ideal. Indeed, the NCAA takes great pains to cultivate that image by, among other things, reminding us that most student-athletes “go pro in something other than sports.”
October 23, 2012
A lawyer's take on how to fix the National College Athletics Association's broken, capricious system for investigating and punishing schools and student-athletes accused of impropriety
Events & Seminars
Past Events
December 01, 2020
- Virtual
March 08, 2017
- Miami Beach, FL
February 09, 2017
- Philadelphia, PA
November 12, 2015
- Philadelphia, PA