Overview
Matthew Krueger, a former United States Attorney, is a skilled litigator who represents clients facing government enforcement and complex litigation challenges. Matt also helps clients proactively by advising on regulatory compliance and conducting internal investigations. He offers clients well-honed judgment, drawn from experience with high-stakes matters in private practice and multiple Justice Department roles, including civil False Claims Act enforcement, white-collar criminal prosecutions, and appellate litigation in the Solicitor General’s Office. Matt’s background enables him to help clients on a broad range of enforcement and litigation matters, with particular focus on health care issues; cyber security and data privacy; and complex trials and appeals.
Before joining Foley, Matt served as the United States Attorney for the Eastern District of Wisconsin after receiving unanimous Senate confirmation. As the chief federal law enforcement officer in 28 counties, Matt supervised all criminal and civil litigation involving the United States. Under his leadership, the office successfully prosecuted high-profile cases involving national security, cybercrime, public corruption, healthcare fraud, financial crime, PPP fraud, violent crime, civil rights and other offenses. Among other accomplishments, Matt formed a dedicated healthcare fraud unit and increased its focus on data analytics, resulting in a substantial rise in False Claims Act and criminal prosecutions. Matt also led efforts with the FBI to advise businesses regarding the risks of cyber intrusions.
As United States Attorney, Matt interfaced regularly with DOJ components and other federal and state enforcement agencies. He served on the Attorney General’s Advisory Committee’s (AGAC) Healthcare Fraud Working Group and Civil Rights Subcommittee. Matt chaired the White Collar Working Group of the AGAC’s Native American Issues Subcommittee, working with inspectors general from multiple federal agencies to reduce grant fraud.
Matt also served for nearly five years as an Assistant U.S. Attorney in the same district, in both the civil and criminal divisions. In the civil division, Matt handled False Claims Act investigations and litigation involving health care fraud, the Anti-Kickback Statute, the Stark Law, and various government contracting issues. He later served as the criminal healthcare fraud coordinator and prosecuted cases from investigation through appeal involving healthcare fraud, tax fraud, investment fraud, bank fraud, government contracting fraud, money laundering, national security and other offenses. Matt has successfully tried multiple cases and argued numerous appeals.
Previously, Matt practiced trial and appellate litigation at an elite law firm in Washington, D.C., where he litigated cases involving securities claims, antitrust, unfair competition, trademark disputes, environmental enforcement and other complex matters. Matt also served as a Bristow Fellow in Solicitor General’s Office helping represent the government before the Supreme Court and federal courts of appeals. He began his career by clerking for the Honorable Paul V. Niemeyer of the U.S. Court of Appeals for the Fourth Circuit.
Representative Experience*
Government Enforcement & Investigations
- 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 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.
- Represented a former financial institution executive against an SEC enforcement suit and a shareholder suit alleging misrepresentations in public statements regarding the firm’s exposure to subprime mortgages.
Complex Litigation
- 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.
* These representations occurred before joining Foley.
Selected Presentations, Media, and Publications
- Panelist, Hot Trends in DOJ and SEC Enforcement and Litigation 2021, Sandpiper Partners LLC, Webinar (2021)
- Interviewed, “Krueger Thankful for Colleagues, Time Served as U.S. Attorney,” Wisconsin Law Journal (2021)
- Quoted, “Outlook 2021: Expect ‘Vigorous’ FCA Enforcement; Prosecutor: Don’t Back Off Compliance,” 30 Report on Medicare Compliance 1 (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)
- Panelist, Everything a Healthcare Executive Needs to Know About the Anti-Kickback Statute, Healthcare Financial Management Association, Madison, WI (2017)
- Speaker, Relevancy and Hearsay Exceptions for Business and Public Records, U.S. Department of Justice, National Advocacy Institute, Columbia, SC (2015)
- Panelist, Procurement Fraud, Training for United States Attorney’s Offices hosted by U.S. Department of Justice, Webinar (2014)
- Co-author, “Handling Jury Instructions With Care,” Circuit Rider (May 2014) (with A.J. Peterman)
- 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)
- Political science major; Certificate in Business
- 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
- Washington, D.C.
- Wisconsin
- U.S. District Court for the Eastern District of Wisconsin
- U.S. Court of Appeals
- First Circuit
- Fourth Circuit
- Seventh Circuit
- Tenth Circuit
- D.C. Circuit
- U.S. Supreme Court