Raymond C. Marshall is the co-chair of Bingham’s White Collar Investigations and Enforcement Group. He represents clients in complex civil and criminal litigation and internal investigations of alleged financial fraud, accounting irregularities and corporate wrongdoing. He has represented clients in criminal, civil and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. attorneys, state attorney generals and district attorneys. He has lectured extensively on white collar crime and business regulation, environmental enforcement, and California Homeland Security issues.
Ray serves as a council member of the ABA Section of Litigation. He is also a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 he was appointed by Chief Justice Ronald M. George to chair the California Supreme Court’s Advisory Task Force on Multijurisdictional Practice. Ray also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project.
In addition to his professional affiliations, Ray is extremely active in community affairs and serves on the boards of the Alta Bates Hospital Foundation, the United Negro College Fund, and HomeBase/The Center for Common Concerns.
In March 2009, Ray argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.
- Conducted internal investigations involving financial institutions, environmental issues, health and safety issues, labor and employment, and codes of conduct
- Represented Fortune 500 companies involving securities fraud and accounting fraud cases
- Represented companies in government contract and program fraud cases
- Represented companies in embezzlement and bribery cases
Recent Criminal Cases
- Represented biotechnology company in Department of Justice investigation of the tobacco industry
- Represented biotechnology company in Drug Enforcement Agency investigation
- Represented manufacturer in criminal prosecution by district attorney with regard to explosion incident involving the death of an employee
- Represented company in Securities & Exchange Commission investigation involving securities violations
- Represented hospital in criminal investigation by district attorney and local regulatory agency of alleged violations of state and local hazardous waste laws
- Represented individual in Department of Justice investigation involving money laundering and drug trafficking
- Conducted internal investigations for companies regarding false claims and false statements
- Represented employee charged with program fraud and kick-back scheme in federal housing program
OSHA, Environmental and Health-Related Cases
- Represented petroleum refinery in a Cal/OSHA enforcement action alleging process safety management violations
- Represented manufacturer in criminal prosecution by the district attorney in an explosion incident involving the death of an employee
- Represented international construction company in a criminal investigation of asbestos handling in building demolition
- Represented electrical power producer criminally charged with manslaughter in the electrocution death of one of its employees
- Represented major oil company criminally charged with making false statements and unlawful storage, handling and disposal of hazardous materials
- Represented paper manufacturer charged with second degree murder in connection with the death of one of its employees
- Represented construction company charged with unlawful handling, storage and disposal of hazardous materials
- Represented employee of a major university in connection with allegations of submitting false statements to a regulatory agency
- Represented medical facility charged with violation of numerous state and local environmental regulations
- Represented trucking company charged with unlawful disposal of hazardous waste
- Represented national construction contractor charged with unlawful disposal of asbestos and filing false statements
- Represented wood manufacturing company charged with violations of the Clean Air Act
- Represented various circuit board manufacturers charged with unlawful storage, treatment and disposal of hazardous wastes
- Represented industrial electrical company charged with various violations of environmental, health and safety and criminal laws as a result of an employee accident
- Represented various clients in response to Proposition 65 claim regarding alleged failure to provide Proposition 65 warnings for consumer product exposures and environmental exposures
- Represented various companies in Regional Water Quality Control Board enforcement actions regarding storm water and other discharges
- Represented various companies in numerous Notices of Violations issued by the South Coast Air Quality Management District
- Represented hospital in federal and state prosecutions for allegedly removing and disposing of asbestos-containing materials unlawfully
- “Conducting Internal Investigations,” ALI-ABA The Practical Litigator (March 2008)
- Co-author, “Executive Reports: Designing Corporate Policies that Mitigate White Collar Crimes — The Over-Arching Issues You Need to Know,” Research and Markets (May 2006)
- “Prevention of Corporation Criminal Liability,” BNA/ACCA Compliance Manual (Bureau of Nat'l Affairs, 1993)
- Co-author, Environmental Crimes (November 1992)
- Panelist, New Tools: What Attorneys Need to Know About the Federal Rule of Civil Procedure 26(a)(2)(B)Amendments, ABA Section of Litigation Annual CLE Conference, New York, N.Y. (April 2010)
- Moderator, Career Advancement For In-House and Outside Counsel: Oakland, California Minority Counsel Program (April 2009)
- Speaker, How Minority Attorneys Survive in Large Law Firms, Bar Association of San Francisco (October 2007)
- Moderator/panelist, Update on the Law: Personal Liability for In-House Counsel, Bay Area General Counsel Group, San Francisco, Calif. (October 2007)
- Moderator/panelist, Personal Liability for In-House Counsel: Caught Between the Golden Handshake and the Steel Handcuffs, Bingham client seminars, Silicon Valley and San Francisco, Calif. (November 2006)
- California Lawyer’s White Collar Crime Roundtable (December 2005)
- Super Lawyers, Northern California (2004–2010)
- Leading lawyer in commercial litigation, The Best Lawyers in America (2010)
- Saints Alive Award, Metropolitan Community Church of San Francisco (2009)
- Super Lawyers, Northern California Top 100 (2004)
- Man of the Year, Anti-Defamation League (2001)
- Lawyer of the Year, California Association of Black Lawyers (2001)
- Council member, ABA Section of Litigation
- ABA Standing Committee on Environmental and Resources Section
- ABA Standing Committee on Bar Activities and Services
- Bar Association of San Francisco
- National Bar Association
- President, State Bar of California (1998–1999)
- President, Bar Association of San Francisco (1994)
- President, Edward J. McFetridge American Inn of Court (past)
- Vice-chair, ABA Energy and Natural Resources Litigation Committee (past)
- Chair, ABA Environmental Crimes Committee (past)
- Admitted to practice in the District of Columbia and California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- Harvard Law School, Juris Doctor, 1978
- College of Idaho, Bachelor of Arts, summa cum laude, 1975