Fritz E. Berckmueller

In his role leading Calfee's White-Collar Defense and Investigations practice, Fritz focuses on helping corporate clients and individuals navigate criminal investigations and inquiries and other related matters, by both federal and state agencies, including the U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC) and Federal Bureau of Investigation (FBI), among others.

Fritz has extensive experience in each of the following areas:

• FCPA and other bribery and corruption matters, both foreign and domestic
• Securities fraud and False Claims Act (FCA) investigations
• Securities fraud class actions, shareholder derivative actions, and proxy challenges

• Economic Espionage Act and criminal trade secret theft investigations and prosecutions

• Treasury and Office of Foreign Assets Control (OFAC) investigations regarding sanctions lists
• Department of Commerce and the Export Administration Act
• Whistleblower claims
• FINRA insider trading inquiries

Additionally, he has significant experience conducting internal corporate investigations for boards and audit committees on governance and other issues.

Fritz has defended individuals and corporations against criminal investigations and in criminal actions in courts across the country over charges of securities fraud, copyright infringement, public corruption and theft of trade secrets/economic espionage. He also assists clients in developing policies, providing training and conducting due diligence in many of these areas, including FCPA and other anti-corruption and bribery laws.

Fritz also regularly represents businesses and business partners in arbitration and in state and federal courts regarding commercial disputes such as breach of contract, fraud, breach of duty, tortious interference, misappropriation of trade secrets and civil conspiracy.

Fritz has been recognized for his work in Litigation: White-Collar Crime & Government Investigations in Ohio by Chambers USA 2022. Clients reported to Chambers USA researchers that "[Fritz] is very easy to work with – he's accessible, responsive, smart and capable. He's always on top of his game. He has extensive experience in sophisticated securities litigation and internal investigation work. Fritz is extremely capable at navigating the complexities of dealing with investigators and prosecutors in high-profile cases."

He writes and speaks regularly on issues relating to securities fraud, shareholder derivative actions, corporate compliance and internal investigations.

Formerly at a firm in Chicago, Fritz joined Calfee in 2006 and was elected Partner in 2010. He began serving as Vice Chair of the Litigation practice group in 2022.

Honors & Recognitions

• Chambers USA 2022, Litigation: White-Collar Crime & Government Investigations, Band 2, Ohio
• Benchmark Litigation, Litigation Star – U.S. (National) and Ohio, White-Collar Crime (2022-2023)
• The Best Lawyers in America^©, Commercial Litigation (2020-2023)
• Ohio Super Lawyers, Criminal Defense: White Collar (2022-2023)

Education

J.D., University of Chicago Law School, 2000

B.A., Washington and Lee University, summa cum laude, Phi Beta Kappa, 1997

Experience

Internal Investigations and Regulatory Examinations

• Conducted internal investigation of revenue recognition and other accounting practices for privately held high-tech company.
• Represented national financial institution in responding to SEC subpoenas.
• Conducted internal investigation of corporate ethics for publicly traded company.
• Represented a national investment bank in investigation by a self-regulatory organization relating to compliance and conflict of interest issues.
• Conducted internal investigation of ethics and legal compliance issues for not-for-profit company.

Securities Class Actions and Shareholder Derivative Actions

• Represented accounting officer of publicly traded manufacturing company in shareholder derivative and class actions, all alleging securities fraud based on accounting issues; obtained complete dismissal of class and derivative claims.
• Represented officers and directors of publicly traded medical equipment manufacturer in related securities fraud class action, ERISA class action, and shareholder derivative actions alleging fraud and breaches of fiduciary and other duties in regard to regulatory compliance programs.
• Represented national financial institution in class "strike suit" involving disclosure and fiduciary duty claims.
• Represented hedge fund in one of the largest ever proxy challenges.

SEC Enforcement Actions

• Represented publicly traded company in oil and gas industry in FCPA investigation by SEC, resulting in close-out letter, with no further action, from SEC.
• Represented accounting officer of publicly traded manufacturing company in SEC enforcement action alleging securities fraud based on accounting issues.
• Represented officer of investment advisory firms in securities fraud class actions and related SEC investigation.

White-Collar Defense

• Defended a felony trade secret theft prosecution in the Eastern District of Michigan.
• Current representation of multiple corporate clients in DOJ criminal investigations in various jurisdictions nationally.

Professional & Community

• Federal Bar Association, Member and Board Member of the Northern District of Ohio Chapter (2016-present)

• American Bar Association, Criminal Justice Section and White-Collar Crime Committee

• Ronald McDonald House Charities of Northeast Ohio, Inc., President of the Board of Directors

• Citizenship and Education Foundation of Edison Local Schools, Board Member; Past Elected Member of the Board of Education of Edison Local Schools

• Boy Scouts of America, Lake Erie Council, Board Member