David F. DuMouchel

Shareholder
Detroit
dumouchd@butzel.com | P 313 225 7004 | F 313 225 7080

David F. DuMouchel is a shareholder practicing in Butzel Long's Detroit office and chairs the firm's Corporate Compliance, Internal Investigations and Criminal Defense practice. He is a cum laude graduate of Wayne State University Law School (J.D., 1975) and the University of Detroit (M.A., 1972). He is a Fellow of the American College of Trial Lawyers, whose membership is limited to 1 percent of trial lawyers in any state. Mr DuMouchel also is a Fellow of the International Society of Barristers.

Mr. DuMouchel's practice is limited to white collar criminal defense, defense of corporations and individuals in criminal and civil antitrust matters, professional licensure and criminal health care, IRS investigations of both taxpayers and professionals, SEC enforcement of corporate executives fraud, public corruption, as well as grand jury investigations, internal corporate investigations and compliance. He has particular expertise in the Clery Act regarding safety and security on campus at higher education institutions. Mr. DuMouchel's Clery Act practice includes auditing/reviewing compliance, U.S. Department of Education program reviews, development of compliance processes, procedures and programs, and internal investigations of campus security compliance.

In 2007, Mr. DuMouchel was part of a team of Butzel Long attorneys who conducted a ten-week internal investigation into Clery Act compliance at Eastern Michigan University. The investigation, which arose from University administrators' response to a student's death on campus, included over 80 witness interviews and the review of thousands of pages of documents. The team published a 500-plus page report of its findings, which was nationally cited by Good Morning America, CNN, the New York Times, Washington Post, Los Angeles Times and Chicago Tribune.

Mr. DuMouchel is a recipient of the prestigious Leonard Gilman Award from the Federal Bar Association as the outstanding criminal law practitioner in the Eastern District of Michigan. He has been named by Best Lawyers as the "2010 Detroit Criminal Defense: White-Collar Lawyer of the Year." Only a single lawyer in each specialty in each community is honored as the "Lawyer of the Year." He has been listed in each edition of Best Lawyers in America since that publication begain 30 years ago, including the most recent. He also is listed in Chambers USA: America's Leading Business Lawyers, as Tier One in white collar practice, and in Michigan Super Lawyers. From 1978 to 1985, Mr. DuMouchel served as chairperson of the Michigan Attorney Grievance Commission.

Mr. DuMouchel served as law clerk to Chief Justice Thomas Giles Kavanagh of the Michigan Supreme Court from 1975-1977. He was an adjunct professor of law at Wayne State University and is a frequent lecturer on criminal practice matters including "Ethics-Grievance Procedures," Detroit-Wayne County Criminal Advocacy Program "Subpoenaing Lawyers," Criminal Justice Section, Federal Bar Association "Plea Negotiation," White Collar Crime Seminar, Federal Bar Association "Grand Jury Practice," Federal Bar Association "Grand Jury Practice," U.S. District Court, New Lawyer Seminar, 1986-present. He has often served as a panelist he was featured at the Michigan Association of Certified Public Accountants Fraud Awareness Symposiums the University of Detroit Mercy School of Law's presentation on corporate misconduct entitled "Conducting an Internal Investigation: Legal and Corporate Issues" and the State Bar of Michigan's program "Compelled Waiver of Attorney-Client Privilege for Businesses: Issues and Practices for Corporate Lawyers and their Clients."

Mr. DuMouchel has served on the faculty of the U.S. District Court, Advocacy Institute ICLE: Attorney Grievance and Discipline Practice ICLE: Health Care Law Institute ICLE "Polygraphs" ABA Health Care Fraud, 2005 ABA White Collar Crime Institute, 2006, 2007, 2008 State Bar of Michigan Program, "Compelled Waiver of Attorney-Client Privilege," 2006 Michigan Association of CPA's, "Accounting Fraud," 2006, 2007. He also is a frequent speaker on internal corporate investigations and federal criminal procedure matters.

In 2006, Mr. DuMouchel was appointed to serve on the American Bar Association's White Collar Crime Committee for a two-year term as chair of the sentencing committee. He has served as a member of the Rules Advisory Committee, U.S. District Court, Eastern District of Michigan and was a member of the U.S. District Court Committee on Magistrate Program Evaluation, and chaired the Federal Bar Association Criminal Defense Committee. He served as a member of the Advisory Committee which drafted the Restatement of Law Governing Lawyers of the American Law Institute, and is on the Member's Consultative Group of the ALI Model Penal Code Sentencing Project. Mr. DuMouchel has been a member of the State Bar of Michigan Criminal Code Revision Committee, U.S. Courts Committee, and Grievance Committee. In addition, he is a member of the National Association of Criminal Defense Lawyers and was a Director in 1981. Mr. DuMouchel is a Master of Bench emeritus, American Inn of Court Ch. XI. He is a fellow of the American Bar Foundation and the Michigan State Bar Foundation. Mr. DuMouchel is a Fellow of the American College of Trial Lawyers and serves as a member of the Criminal Procedure Committee, and is a Fellow of the International Society of Barristers.

In 2012 Mr DuMouchel was appointed as the 6th Circuit representative to the Practitioners' Advisory Group to the U.S. Sentencing Commission. He was re-appointed in 2014. He also served as a member of the U.S. District Court Magistrate Selection Committee in 2014, and was a member of the Judicial Advisory Committee to evaluate applicants for the U.S. Attorney and federal judicial appointments in the Eastern District of Michigan in 2010 and 2012.

  • University of Detroit Mercy, 1972, M.A.
  • Wayne State University Law School, 1975, J.D.

American Inn of Court Ch. XI - Master of Bench emeritus

American Bar Foundation - Fellow

Michigan State Bar Foundation- Fellow

American College of Trial Lawyers - Fellow, and member of the Criminal Procedure Committee

International Society of Barristers - Fellow

Leonard Gilman Award, Federal Bar Association, Eastern District of Michigan (given to outstanding criminal law practioners)

Chambers USA: America's Leading Business Lawyers - Litigation: White-Collar Criminal Government Investigations

The Best Lawyers in America, Criminal Defense: White-Collar Ethics and Professional Responsibility Law Bet-the-Company Litigation, 1983-2015

The Best Lawyers' 2010 Detroit Criminal Defense: White-Collar Lawyer of the Year

Michigan Super Lawyers, Criminal Defense: White Collar, 2006-2014

Michigan Super Lawyers, Criminal Defense: White Collar Top 100, 2012-2014

Top 50 Michigan Business Super Lawyers, 2014

DBusiness Top Lawyers in Metro Detroit, Legal Malpractice Law White-Collar Defense Professional Malpractice Law, 2011-2013 White-Collar Criminal Defense, 2014

Recipient of Certificate of Appreciation from The National Association of Criminal Defense Lawyers Amicus Curiae Committee

  • Supreme Court of the United States
  • Michigan

United States District Court Eastern District of Michigan - member of the Magistrate Judge Merit Selection Panel

United States Sentencing Commission, Practitioner Advisory Group Voting Member, 6th circuit Representative

American Law Institute - served on Advisory Committee, drafted the Restatement of Law Governing Lawyers

American Law Institute - served on Member's Consultative Group, Model Penal Code Sentencing Project

State Bar of Michigan - served on Criminal Code Revision Committee, U.S. Courts Committee, and Grievance Committee

National Association of Criminal Defense Lawyers - former Director

  • Represented multiple employees/ executives/ officers in major US and international antitrust investigations
  • Represented a former high-ranking government official in connection with a public-corruption investigation.
  • Internal investigation and report regarding a University's response to campus murder
  • Obtained a declination of prosecution for an accounting officer of an international automotive supplier after investigation by the DOJ and the SEC
  • Represented major law firm partner in income tax fraud matter.
  • Represented numerous attorneys, judges in professional disciplinary matters
  • Represented physician in federal indictment for prescription abuse causing death.
  • Represented multiple Japanese Auto Supplier companies in criminal antitrust investigations conducted by the Department of Justice, Antitrust Division (Washington, DC)
  • Obtained not guilty verdict at criminal antitrust trial for President of concrete company
  • Directed internal investigation concerning alleged SEC issues of entertainment distributor
  • Represented elected prosecuting attorney in defense of professional misconduct charges
  • Represented the President of a company that distributes pharmaceuticals to nursing homes in a case the Michigan Attorney General referred to as "the largest criminal Medicaid fraud case ever initiated in Michigan."
  • Represented a registered representative in a selling away action
  • Represented a major law firm partner in connection with tax shelter investigation conducted by the DOJ Criminal Tax Division
  • Represented Company in federal antitrust investigation re transportation industry
  • Represented a book publisher and distributor in criminal investigation conducted by US Postal Service
  • Represented an attorney in criminal matter involving kickbacks on vendor contracts being funneled to corporate executive of company
  • Represented attorney in federal antitrust.-related investigation
  • Represented hundreds of witnesses in state and federal grand jury investigations in numerous jurisdictions across the country
  • Conducted internal investigation and alleged environmental violations by public company.
  • Represented a sales executive accused of helping a Fortune 500 company's employee steal tens of thousands of dollars from the customer-company.
  • Represented Corporation in federal antitrust civil class action re automotive products
  • Obtained a complete declination of all proceedings, criminal and civil health care fraud, against pharmaceutical client by the US Attorney's Office in Dallas
  • Represented lawyer after sanctions brought by Grievance Commission
  • Represented the CFO of a public company in a significant SEC enforcement action alleging 10b-5 and 17(a) violations in federal court in the Eastern District of Michigan
  • Represented metals trading company in major U.S. Attorney and U.S. Customs investigation
  • Completed internal corporate investigation of records and document management corporation and reported findings to SEC.
  • Obtained acquittal of pharmaceutical company executive in federal trial in Boston following 4 month jury trial
  • Represented President of Corporation in federal antitrust investigation re compressors
  • Represented numerous individual and corporate defendants facing federal criminal prosecution arising from allegations of wire and mail fraud, tax fraud, insider trading, healthcare fraud, environmental crimes, theft of trade secrets and drug conspiracy
  • Obtained complete acquittal of defendant charged in 83 count federal RICO indictment following 3 month jury trial
  • Represented CFO of a non-profit hospital for securities fraud; case settled no jail or fine, SEC restitution
  • Represented executive of an environmental company charged with criminal violations of the Clean Water Act and related environmental statutes
  • Represented a major automotive supplier under investigation for allegedly participating in a several hundred million dollar international antitrust price-fixing conspiracy.
  • Represented Assistant United States Attorney in investigation brought by Justice Dept Office of Professional Responsibility
  • Represented pharmaceutical company in Qui Tam case in Boston.
  • Represented a witness involved in stock options back-dating investigation by the United States Attorneys’ Office for the Northern District of California
  • Represented multiple Corporations in federal antitrust investigation re highway contracts
  • Represented auto supplier in securities fraud investigation in New York and California.
  • Represented a former employee accused of stealing more than $100 million worth of trade secrets from his employers in violation of the federal economic espionage act.
  • Obtained acquittal of attorney charged with criminal contempt in federal court matter
  • Represented auto supplier in major US and foreign antitrust investigation
  • SEC Enforcement Action: Corporate Representation Regarding Alleged GAAP Accounting Irregularities