Matthew D. Krueger

Matt Krueger, a former United States Attorney, is a skilled advocate who represents companies and individuals facing government enforcement and complex litigation challenges. Matt also helps clients mitigate risk by advising on corporate compliance programs and conducting internal investigations. He offers clients well-honed judgment, drawn from private practice and several Justice Department roles, including civil False Claims Act enforcement and white-collar criminal prosecutions. Matt has tried multiple cases, argued numerous appeals, and handled and supervised countless other contested hearings. Matt assists clients on a broad range of issues, with a particular focus on the health care and life sciences sector, cybersecurity and data privacy matters, and complex trials and appeals.

Government Enforcement Defense and Investigations

Matt is a partner in the Government Enforcement Defense and Investigations practice group. Before joining Foley in 2021, Matt served as the United States Attorney for the Eastern District of Wisconsin after being recommended by a bipartisan nominating commission. As the district’s chief federal law enforcement officer, Matt supervised all criminal and civil litigation involving the United States in 28 counties. Under his leadership, the office successfully prosecuted high-profile cases involving national security, cybercrime, public corruption, health care fraud, financial crime, PPP fraud, civil rights violations, and other offenses. As United States Attorney, Matt interfaced regularly with DOJ components, HHS OIG, the SEC, and other federal and state agencies. Matt also served for nearly five years as an Assistant U.S. Attorney in the same district, in both the civil and criminal divisions.

Matt offers clients seasoned representation in a variety of False Claims Act, health care, securities, environmental, fraud, and corruption matters. Matt has handled both civil False Claims Act and complex criminal cases. This experience allows Matt to represent clients effectively, advocating that the government not pursue the client and, when necessary, mounting a forceful defense in litigation.

Health Care and Life Sciences

Matt is uniquely situated to help health care and life sciences companies navigate potential and actual enforcement actions. As United States Attorney, Matt served on the Attorney General’s Advisory Committee’s Healthcare Fraud Working Group and formed a dedicated health care fraud unit in his district, resulting in a substantial rise in False Claims Act and criminal prosecutions. As an Assistant U.S. Attorney, Matt personally handled both civil and criminal health care cases, including matters involving the Stark Law, the Anti-Kickback Statute, the Controlled Substances Act, and regulations for hospitals, pharmacies, teaching physicians, skilled nursing facilities, laboratories, and home health agencies.

Cybersecurity and Data Privacy

Matt holds the CIPP/US credential and works closely with Foley’s nationally recognized Privacy, Security & Information Management practice group, which helps businesses manage data security and privacy programs, comply with data privacy laws, and respond to data incidents. As United States Attorney, Matt supervised cybercrime prosecutions and led efforts with the FBI to advise businesses regarding the risks of cyber intrusions. Matt’s background allows him to counsel clients on interacting with law enforcement, conduct internal investigations, and manage litigation related to data privacy and security matters.

Complex Litigation and Appeals

Matt is also a member of Foley’s Business Litigation & Dispute Resolution and Appellate Practices. Matt offers sophisticated trial and appellate counsel to businesses facing complex, high-stakes disputes. Before serving in the U.S. Attorney’s Office, Matt practiced trial and appellate litigation for nearly five years at an elite law firm in Washington, D.C., where he litigated complex cases involving securities claims, antitrust, unfair competition, trademark disputes, environmental enforcement, and other commercial matters. After clerking on the U.S. Court of Appeal for the Fourth Circuit, Matt served as a Bristow Fellow in the Solicitor General’s Office, helping represent the United States before the Supreme Court. He has argued appeals in the First Circuit, the Seventh Circuit, and the D.C. Court of Appeals, and has appeared in the Supreme Court and numerous other federal courts of appeals.

Representative Experience*

Government Enforcement & Investigations

• Conducted an internal investigation for a large technology company concerning unauthorized disclosure of data containing personal information.  Helped determine legal bases to avoid regulatory exposure and remedial steps to avoid the issue recurring.
• Advised a manufacturing company in responding to a ransomware attack, including ways to maintain attorney-client privilege over the investigation and interact effectively with law enforcement.
• Led the prosecution of a $260 million scheme to defraud federal contracting programs, resulting in the conviction of a corporation and six individuals, including a CPA after trial, as well as False Claims Act recoveries.
• Led a False Claims Act investigation and settlement with an academic medical center related to claims for teaching physicians’ surgeries performed by residents without adequate supervision.
• Led a False Claims Act investigation and litigation related to a health care system’s physician compensation for violating the Stark Law, resulting in a favorable settlement.
• Led the prosecution of a $9 million green energy investment fraud whose victims included Chinese EB-5 visa applicants, a Canadian private equity fund and the State of Wisconsin, in coordination with the SEC’s parallel civil investigation.

Complex Litigation & Appeals

• Defending a major health care system against a municipality’s suit that asserts claims related to the pharmacy’s opioid-dispensing practices. 

• As United States Attorney, personally briefed and argued a rare interlocutory appeal before the Seventh Circuit, challenging the district court’s exclusion of evidence before trial. Obtained reversal and remand.
• Represented an oil pipeline company as intervenor in defending against Clean Water Act and NEPA challenges to U.S. Army Corp permits. Prevailed against a preliminary injunction motion and on appeal.
• Represented a dietary supplement manufacturer in false advertising and trademark litigation against a competitor. Prevailed against a preliminary injunction motion and on appeal.
• Represented a telecommunications equipment manufacturer in defending against breach of contract and indemnification claims. Obtained a favorable settlement shortly before trial.

* Some of these representations occurred before joining Foley.

Selected Presentations, Media, and Publications

• Quoted, “Deputy AG ‘Reinstates’ Yates Memo, Links It to Corporate Culture,” Report on Medicare Enforcement, Volume 30, Number 40 (8 November 2021)

• Quoted, “DOJ Will ‘Embed’ FBI Agents as it Ramps Up White-Collar Enforcement,” Report on Medicare Enforcement, Volume 30, Number 38 (25 October 2021)
• Co-author, “Maintaining Privilege of Forensic Reports,” Bloomberg Law (Sept. 23, 2021)
• Presenter, “Health Care Fraud Enforcement Trends: New or Different Challenges Ahead?,” American Health Law Association In-House Counsel Program (June 17, 2021)
• Speaker, “Health Care Fraud and Abuse Enforcement: 2021 and Beyond,” American Health Law Association (May 20, 2021)
• Panelist, “Hot Trends in DOJ and SEC Enforcement and Litigation 2021,” Sandpiper Partners LLC, Webinar (2021)
• Moderator, “Healthcare Fraud Enforcement in the Eastern District of Wisconsin, Eastern District of Wisconsin Bar Association, Webinar (2021)
• Panelist, “Lessons from a Stark Investigation, Health Care Compliance Association,” Webinar (2020); Washington, D.C. (2019)
• Co-author, “In Search of the Modern Skidmore Standard,” 107 Colum. L. Rev. 1235 (2007) (with Kristin Hickman)

Education

• University of Minnesota Law School (J.D., summa cum laude)
  • Order of the Coif
  • Editor-in-chief, Minnesota Law Review
• University of Wisconsin–Madison (B.S., with honors)
  • Phi Beta Kappa
  • Visiting student in Politics Department, University of Edinburgh, Scotland

Clerkship and Other Experience

• Bristow Fellow, Office of the Solicitor General, U.S. Department of Justice
• Law clerk, Honorable Paul V. Niemeyer, U.S. Court of Appeals for the Fourth Circuit

Certification

Matt holds the Certified Information Privacy Professional/United States (CIPP/US) credential, a key industry benchmark administered by the International Association of Privacy Professionals (IAPP).

Professional Memberships

Matt is a member of the Thomas E. Fairchild American Inn of Courts, the Eastern District of Wisconsin Bar Association, the American Health Law Association, the International Association of Privacy Professionals, the American Bar Association, and the National Association of Former U.S. Attorneys.

Admissions

Matt is admitted to practice in Washington, D.C. and Wisconsin, as well as the United States Supreme Court; the U.S. Courts of Appeals for the First, Fourth, Seventh, Tenth, and D.C. Circuits; and the U.S. District Courts for the District of Columbia, the Eastern District of Wisconsin, and the Western District of Wisconsin.