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Philadelphia Office
1835 Market Street - Suite 1400
Philadelphia
PA 19103
New York Office
5 Penn Plaza - 23rd Floor
New York
NY 10001
215.569.2198 phone215.568.6603 faxmsheppard@klehr.com

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Mark B. Sheppard

Partner | Litigation

Biography

For over 30 years, Mark has represented individuals and entities in matters involving federal, state and administrative enforcement activity. He focuses his practice on complex white-collar defense, including federal criminal trials, grand jury investigations, SEC/FINRA enforcement actions and state court criminal matters, internal or parallel investigations and corporate compliance, as well as complex civil litigation matters typically involving the defense of qui tam/False Claims Act complaints. He also regularly counsels clients on conducting internal investigations and implementation of corporate compliance policies.

He is a past President of the Pennsylvania Association of Criminal Defense Lawyers and was appointed by the Governor to serve on the Pennsylvania Commission of Sentencing from 2015 -2019. He has testified before both the United States Senate and Pennsylvania Senate Judiciary Committees and various legislative and judicial task forces on matters relating to federal and state criminal enforcement and grand jury reform. He is also and is a frequent lecturer on these topics.

Mark has built a record of successfully representing corporations, publicly officials and individuals. Representative matters include:

  • Securing a not guilty verdict on all charges for a State Senator following a federal jury trial on corruption charges
  • Successfully achieving a declination from prosecution for a public official and union leader following a two year grand jury investigation in a public corruption and labor racketeering charge
  • Securing a diversionary disposition and expungement of all charges for a state contractor charged with bribery relating to the award of a $95 million public contract
  • Securing a probationary sentence for an attorney and township solicitor alleged to have assisted in a federal corruption and kickback scheme
  • Successfully negotiated a guilty plea agreement for a defendant in the infamous“Kid’s for Cash” case resulting in a sentencing cap of 18 months where the co-defendants received sentences of 28 and 18 years in prison, respectively
  • Securing a 90 day sentence and favorable civil resolution for federal tax violations involving more than $15 million in undeclared off-shore accounts
  • Convinced the United States Attorney’s Office for the Southern District of New York (SDNY) to decline to intervene in a civil false claims/qui tam case against a national law firm and its affiliates and thereafter negotiated a favorable settlement
  • Represented numerous persons and entities including the former Chair of the Pennsylvania Democratic Party, certain former and current senior members of the Catholic Clergy, state contractors and various state officials in state grand jury proceedings
  • Conducted various internal corporate investigations for healthcare and federal contracting clients and successfully defended them in subsequent federal and civil regulatory enforcement actions

Mark also has a broad base of civil trial and appellate experience. He regularly represents parties in complex commercial matters, including actions grounded in fraud and in connection with other business torts. He has tried a number of civil cases in both state and federal courts and argued appeals before the Pennsylvania Supreme and Superior Courts and the U.S. Court of Appeals for the Third Circuit. He has also served as a mediator in a number of complex business disputes. Mark also has significant bankruptcy litigation experience. 

Representative matters include

  • Successfully defended with co-lead counsel, eight compounding pharmacies and their physician owners in an alleged $35 million insurance fraud and kickback scheme brought by a national insurance company
  • Successfully defended a national franchisor in a franchisee arbitrations alleging RICO fraud and consumer protection violations
  • Overseeing the investigation of and ultimately obtaining court approval to bring a $1.5 billion fraudulent conveyance/breach of fiduciary duty claim against the debtor’s multi-national parent
  • Serving as co-lead as trial counsel for asbestos creditors’ committee, resulting in a finding of an estimated liability on the part of the debtor in excess of $1.1 billion

Credentials

Education

Dickinson School of Law, J.D., with honors

Lehigh University


Boards/Memberships

American Bar Association, White Collar Section

Federal Bar Association, White Collar Section

National Association of Criminal Defense Lawyers

Joint State Government Commission's Advisory Committee on the Philadelphia Court System

Member of the White Collar Section and the Lawyers Assistance Committee,  Philadelphia Bar Association

Past President and Executive Committee Member,  Pennsylvania Association of Criminal Defense Lawyers

Past President and Executive Committee Member,  Pennsylvania Association of Criminal Defense Lawyers

Judge Pro Tempore,  Philadelphia County Court of Common Pleas

Vice President and Board of Directors,  Lawyers Concerned for Lawyers of Pennsylvania

Former Board of Directors,  Trustee M. Patricia and John Rogers Carroll Fund

Former Member,  Pennsylvania Commission on Sentencing (2015-2019)

Former Board of Directors,  Mirmont Treatment Center

Awards/Honors

Awards and Honors

Martindale-Hubbell “AV Preeminent” rated

Named "Best of the Bar: Philadelphia's Top Lawyers" by Philadelphia Business Journal (White Collar) (2017)

Named the Best Lawyers® 2020 Criminal Defense: White Collar "Lawyer of the Year" in Philadelphia (2020)

Named to “The Best Lawyers in America®" list for Criminal Defense: White Collar and Commercial Litigation in Pennsylvania by Best Lawyers (2016-2020)

Named to the “Pennsylvania Super Lawyers Top 100 Lawyers” (2018-2019)

Named to the “Pennsylvania Super Lawyers” list by Thomson Reuters for White Collar Crimes (2005-2019)

Winner, Corporate Livewire Awards: Fraud & White Collar Crime (2016-2019)

Publications

Speeches and Publications

Quoted, “High-profile attorney, firm leader latest to depart Montgomery McCracken,” Philadelphia Business Journal, March 4, 2019

Quoted, “Klehr Harrison Adds White-Collar Litigator Sheppard From Montgomery McCracken” The Legal Intelligencer, March 1, 2019

“Second Circuit Reverses ‘Downstream Tippee’ Convictions in Insider Trading Cases” White Collar Alert, December 12, 2014

Tapping into Wall Street – The Government Employs Tougher Tactics Against Money Crimes; American Bar Association - Criminal Justice Newsletter, January 5, 2012

Wiretaps and Undercover Sting Operations: Are White Collar Defendants Ready? Financial Fraud Law Report, October 1, 2010

Testimony before the United States Senate Committee on the Judiciary: “The Thompson Memorandum and its Effect upon the Attorney Client Privilege In Corporate Investigations,” September 12, 2006