Barbara Howe Murray practices in the area of litigation with her primary focus on all aspects of white-collar criminal defense and related parallel proceedings, regulatory and licensing matters, and business litigation. Ms. Murray has experience representing individuals and entities in matters involving securities fraud, insider trading, criminal tax matters, healthcare billing fraud, financial institution fraud, criminal environmental violations and political corruption. Ms. Murray has prepared voluntary disclosures to the Internal Revenue Service and the Office of Foreign Asset Controls (OFAC).

Ms. Murray was appointed by the U.S. District Court for the Southern District of California to the Criminal Justice Act Panel for the 1998 to 2000 term. While a member of the CJA Panel, Ms. Murray briefed and argued a successful appeal to the Court of Appeals for the Ninth Circuit; represented the director of marketing in a securities fraud/Ponzi scheme prosecution in the Southern District of New York; and represented a client charged with violations of the Juvenile Delinquency Act in a bench trial in the Southern District of California.

Ms. Murray is a 1992 graduate of the University of Virginia School of Law and a graduate of the University of North Carolina.

Representative Matters

    General Litigation

  • Representation of the owners of a California cardroom/casino in the defense of an Accusation filed by the Bureau of Gambling Control, arising out of a federal criminal investigation of another casino the group was attempting to purchase. The Accusation was settled with a fine of $500,000, but no negative impact on the gaming licenses. Assisted the clients to obtain approval from the Bureau of Gambling Control and the California Commission of Gambling Control for the purchase and license to operate an additional cardroom/casino.
  • Represented the controller of a San Diego high-tech public company in Securities and Exchange Commission and U.S. Department of Justice investigations, and civil cases arising out of securities fraud related to revenue-recognition and insider-trading issues.
  • Represented a securities broker in investigations by the Securities and Exchange Commission and U.S. Department of Justice, and civil cases arising out of embezzlement of more than $5 million of client funds.
  • Counsel to a commodity pool operator in connection with investigations by the U.S. Department of Justice into a multimillion-dollar Ponzi scheme.
  • Represented the head of investment banking and owner of a broker-dealer firm in criminal investigation by the U.S. Department of Justice into a multimillion-dollar securities fraud involving house stocks.
  • Represented an insurance executive in criminal investigation by the U.S. Department of Justice into insider trading in community bank stocks.
  • Represented a patent agent at San Diego biotech public company in a criminal investigation by U.S. Department of Justice into insider trading in the company’s stock.
  • Represented a prominent San Diego ophthalmologist in a federal criminal tax investigation and licensing proceedings before the Medical Board of California.
  • Represented an internist in parallel criminal and civil False Claims Act investigations by the U.S. Department of Justice, as well as licensing proceedings before the Medical Board of California, into allegations he had defrauded Medicare by misbilling for cardiac rehabilitation procedures.
  • Represented a podiatrist in parallel criminal and civil False Claims Act investigations by the U.S. Department of Justice, as well as in licensing proceedings before the Medical Board of California, into allegations he had defrauded Medicare by misbilling for incision and drainage procedures.
  • Represented a prominent Los Angeles certified public accountant in a criminal tax case involving more than $9 million in taxes avoided by his clients.
  • Helped convince the government not to file either criminal or civil charges against one of the owners of Metabolife in a criminal tax investigation in which the government had alleged that the client was involved in a scheme to evade more than $80 million in taxes.
  • Represented the owner of a construction business in a criminal tax investigation by the U.S. Department of Justice.
  • Represented a bar owner in criminal tax investigation by the U.S. Department of Justice.
  • Represented a former San Diego Superior Court judge in a criminal investigation by the U.S. Department of Justice into allegations that a lawyer made improper payments to three judges with corrupt intent to influence them, thereby allegedly constituting a racketeering conspiracy; second chaired five-week trial in federal court.
  • Counsel to the owner of a government contractor alleged to have bribed Congressman Randy “Duke” Cunningham in criminal investigation by the U.S. Department of Justice.
  • Represented a defense contractor in a criminal investigation by the U.S. Department of Justice into a conspiracy to bribe a public official employed by the Department of the Navy.
  • Represented a San Diego marine and industrial tank-cleaning company accused of illegally dumping waste materials in connection with an investigation by the U.S. Department of Justice and a compliance agreement with the Environmental Protection Agency.
  • Represented a San Diego marine and industrial tank-cleaning company in a False Claims Act case brought by the U.S. Attorney's office for the Western District office for alleged mischarging on government contracts.
  • Represented the chief operating officer of an agricultural business in a criminal investigation by the U.S. Department of Justice into the illegal exportation of merchandise.
  • Represented a former executive of a mortgage broker in a criminal investigation by the U.S. Department of Justice into a scheme to fraudulently obtain funding for home loans.
  • Represented a sports memorabilia retailer in a criminal investigation by the U.S. Department of Justice into the production, bogus authentication and distribution of counterfeit sports memorabilia.
  • Counsel to owners of a chain of pharmacies in a joint FBI/DEA investigation of diversion of oxycontin and hydrocodone, Medi-Cal billing fraud, and claims for millions of dollars in civil penalties under the federal Controlled Substance Act.
  • Counsel to a San Diego businessman in connection with voluntary disclosure to the Department of Treasury Office of Foreign Asset Controls (OFAC) regarding possible violations of the Iranian sanctions.
  • Counsel to a businessman in connection with a voluntary disclosure to the Internal Revenue Service involving undisclosed foreign bank accounts and Report of Foreign Bank and Financial Accounts (FBAR) issues.

Areas of Practice

  • White-Collar Criminal Law
  • Commercial Litigation
  • Securities
  • Healthcare
  • Environmental

Admissions

  • California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California

Education

  • University of Virginia School of Law, J.D., 1992
  • University of North Carolina, B.S., 1986

Experience

  • Duane Morris LLP
    - Special Counsel, 2011-present
  • Coughlan, Semmer & Lipman LLP
    - Attorney, 1994-2011
  • Congressman Bill McCollum, U.S. House of Representatives
    - Legislative Assistant, 1992-1994

Honors and Awards