Dane Ball
dball@mbssmartlaw.com
(713) 594-9989
Dane Ball
“There is resounding praise for Dane Ball . . . one of the best young white collar defense partners in Texas.” - Benchmark Litigation
“Dane’s knowledge, personal composure, and ability to learn about the complexities of his clients’ cases is highly impressive.” - Chambers
“A dedicated professional. Has a calm demeanor and is meticulous. Extremely responsive. An invaluable asset to any client.” - C-suite executive, publicly-traded drilling company
“Dynamic lawyer. Gladiator in a suit.” - Texas State Representative
“As a damages expert for nearly three decades, I’ve seen the best attorneys in the country in action. Dane is simply the best of the best.” - Damages expert, Coherent Economics
Dane likes to get things done—yesterday—and brings that intensity and urgency to every aspect of his work. He is equally adept at seeing the big picture and attending to the small details.
As a result, Dane has successfully represented individuals and companies in their most sensitive legal matters—from federal criminal trials and appeals, to parallel criminal, civil, and administrative proceedings, to a wide range of internal and government investigations. He has especially deep expertise in cases involving anti-corruption and the FCPA, environmental or industrial catastrophes, and alleged fraud and financial crimes.
His public victories in white-collar litigation have drawn acclaim: the not guilty verdict for the BP well-site leader wrongfully blamed for the Deepwater Horizon oil spill; the government's agreement to dismiss fraud charges against a coach indicted in the “Varsity Blues” investigation; the dismissal of corruption charges against one of the longest-sitting members of the Texas House of Representatives; and a complete acquittal after one of the nation's few criminal insider-trading trials. But Dane is equally proud of the discreet ways he has helped clients avoid charges in an array of government investigations.
Dane also has experience in complex civil litigation, particularly where a client or the opposition alleges criminal or other serious misconduct. His significant matters include work in opioid lawsuits against a drug distributor and in sex-trafficking lawsuits against a technology company.
Dane is keenly aware of the high stakes for a company or individual involved in an investigation or white-collar criminal case. So he communicates frequently and openly with his clients to minimize surprises and bring control to an often chaotic environment.
Before law school, Dane played Division 1 baseball for nationally-ranked Pepperdine, becoming an all-conference player. He then translated the discipline he honed on the baseball diamond into success at law school. Over the years, he has appeared on television and radio, been quoted in newspapers across the country, taught at University of Houston Law Center, and written about cutting-edge white collar issues for national publications.
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Foreign Corrupt Practices Act / Anti Corruption
● “Varsity Blues” Alleged College Admissions Bribery Scandal. Dane served as trial counsel for a Division 1 athletic coach in the investigation, which led to a RICO and fraud indictment alleging illegal payments in the admissions process at numerous universities. Before trial, the Court dismissed one of the government’s fraud theories; the government later abandoned its RICO charge; and ultimately, the government and client resolved the case in a Deferred Prosecution Agreement under which the government agreed to dismiss the charges upon satisfaction of the agreement's conditions.
● Rep. Dawnna Dukes Public Corruption Scandal. Dane served as defense counsel for one of the longest-sitting members of the Texas House of Representatives, who was charged in Travis County, TX with 15 counts of public corruption in 3 separate indictments. The defense mounted legal and factual defenses that dismantled all three indictments and caused the prosecution to request a continuance to determine whether it could prove its case. The prosecution later dismissed all 15 charges with prejudice before trial.
Environmental & Industrial Catastrophes
● Deepwater Horizon Oil Spill. Dane served as trial counsel for BP’s well site leader in the aftermath of the oil spill, including a company internal investigation; civil multi-district litigation; parallel administrative proceedings; and 23 federal criminal charges of manslaughter and Clean Water Act pollution. Over 4 years of litigation, the defense convinced the court to dismiss 11 manslaughter charges before trial (affirmed on appeal), and the government itself dismissed 11 more. After a two-week trial on the remaining Clean Water Act charge, the defense obtained a not guilty verdict after less than two hours of jury deliberation.
● Black Elk Explosion in the Gulf of Mexico. Dane served as defense counsel for an offshore contractor charged in the aftermath of the Black Elk explosion with manslaughter, violations of the Outer Continental Shelf Lands Act, and the Clean Water Act. Successfully avoided the 8 Outer Continental Shelf Lands Act charges after showing that the relevant statutes do not apply to offshore contractors. Before trial, the manslaughter felonies were dismissed when the parties reached a misdemeanor Clean Water Act settlement.
Fraud and Financial Crimes
● Shaw Group / CB&I Merger Insider Trading. Dane served as trial counsel for a businessman indicted for alleged insider trading following his purchase of stock before formal announcement of the merger. Obtained a verdict of not guilty on all charges, and later, complete dismissal in the parallel SEC enforcement action.
● BP Commodities Trading Scandal. Dane served as defense counsel for a BP commodities trader in a federal criminal case alleging 26 counts of commodities manipulation, cornering, and wire fraud. By showing that the Commodities Exchange Act did not apply to the alleged trades, obtained dismissal of all 26 counts, and the appellate court affirmed.
● Multimillion dollar mortgage fraud. Dane served as defense counsel for a mortgage broker in a federal criminal case charging 14 individuals with mortgage fraud and money laundering. The other 13 defendants pled guilty or cooperated. Three days before trial, secured a deferred prosecution agreement, and the government later dismissed all charges.
Government & Internal Investigations
Foreign Corrupt Practices Act / Anti-Corruption
● Currently representing executives of a publicly-traded energy company in an investigation by the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) into alleged violations of the FCPA in Africa.
● Currently representing an executive in an investigation by DOJ and the Department of Homeland Security (DHS) into alleged violations of the FCPA in South America.
● Currently representing a business owner in an investigation by DOJ and DHS into alleged violations of the FCPA involving a foreign state-owned energy company in South America.
● Successful representation of an executive of a classification society in an investigation into alleged violations of the FCPA. No charges filed.
● Successful representation of an executive at an oilfield services company in an investigation by DOJ into alleged bribery of public officials in the United States. No charges filed.
● Successful representation of executives at oilfield services companies in separate investigations by DOJ into alleged illegal trading with sanctioned countries. No charges filed.
Environmental & Industrial Catastrophes
● Successful representation of one of the nation's leading residential real estate companies in internal and grand jury investigations into alleged felony water pollution. All charges dismissed.
● Successful representation of employees at a chemical company in federal and state government investigations into the cause of an industrial accident. No charges filed.
● Successful representation of a commercial construction company in an investigation by DOJ and the Occupational Safety and Health Administration (OSHA) into the death of a worker at a construction site. No charges filed.
● Successful representation of numerous employees and shipping companies in separate investigations by DOJ, the U.S. Environmental Protection Agency (EPA), and the U.S. Coast Guard (USCG) into alleged environmental violations offshore. No charges filed.
Fraud and Financial Crimes
● Currently advising numerous publicly-traded companies in the financial industry as they interact with federal law enforcement in investigations into the conduct of their executives or employees.
● Currently representing former executives of an energy trading company in an investigation by the U.S. Commodity Futures Trading Commission (CFTC).
● Currently representing the owner of an industrial equipment company in parallel civil and criminal cases involving alleged kickbacks to employees of a contractual counterparty.
● Currently representing business owners in the wholesale luxury watch industry who were defrauded by various contractual counterparties.
● Currently representing the former Chair of the Audit Committee of a publicly-traded oilfield services company in a derivative suit and SEC investigation into the company's previous public disclosures.
● Currently representing a doctor in a DOJ Healthcare Fraud Task Force investigation.
● Currently representing a director of large privately-held companies in an investigation by DOJ and the Internal Revenue Service (IRS).
● Currently representing a large privately-held company in an investigation by DOJ's Antitrust Division into alleged price-fixing.
● Successful representation of a business owner in a criminal investigation by IRS. No charges filed.
● Successful representation of a large packaging company in an investigation by the Department of Labor (DOL). No charges filed.
● Successful representation of a senior executive at an energy infrastructure services company in investigations by the company, SEC, and Financial Industry Regulation Authority (FINRA) into alleged insider trading and failure to report insider trades. No charges filed.
● Successful representation of an executive at an industrial manufacturing company in an investigation by DOJ into alleged financial fraud against an oil company. No charges filed.
● Successful representation of a charter school in an investigation by DOJ, the U.S. Department of Education, and IRS into alleged financial fraud. No charges filed.
● Successful representation of an individual in an investigation by DOJ, the Federal Bureau of Investigation (FBI), and IRS into alleged financial fraud in the athletic department of a public university. No charges filed.
● Successful representation of a senior executive at a technology manufacturer in an investigation by DOJ into alleged theft of trade secrets from a competitor. No charges filed.
● Successful representation of a broker in a FINRA arbitration proceeding alleging fraud and negligence. No charges filed. Plaintiff awarded 1/10th of alleged damages at arbitration.
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Television and Radio Appearances
I Am Exonerated: State Rep. Dawnna Duke Speaks Out After Criminal Charges Dropped, KVUE News
Fact or Fiction: Local Attorney Talks “Deepwater Horizon” Film, KHOU 11 News
Reasonable Doubt, Houston Media Source
Deepwater Horizon Joint Investigation Hearing Before U.S. Coast Guard and Bureau of Energy Management, C-SPAN
All Things Considered, National Public Radio - 88.7
Media coverage
Another Coach Turns to Houston Lawyers in Admissions Fraud Scandal, Texas Lawyer (March 29, 2019)
Deepwater Deception: The Truth About the Tragic Blowout & Perversion of American Justice, Robert Kaluza & Maryann Karinch (April 20, 2018)
Dane Ball (JD ’05) Secures Release for Innocent Ugandan Prisoner During Sudreau Summer Global Justice Project, Pepperdine Law Surf Report (July 19, 2018)
Admitting Error, Prosecutors Drop Charges Against Rep. Dawnna Dukes, The Texas Tribune (October 23, 2017)
Prosecutors Drop Criminal Charges Against State Rep. Dawnna Dukes, Houston Chronicle (October 23, 2017)
Prosecutors Drop All Remaining Charges Against Rep. Dawnna Dukes, Austin Statesman (October 23, 2017)
Corrine Brown’s Trial Features Big-Name Witnesses to Test Charges, Florida Times-Union (April 22, 2017)
Blowout, Texas Monthly (October 2016)
Big Wins with Expert Witnesses: 6 Lessons From Attorneys, The Expert Institute (June 7, 2016)
FuelFX, SKV Deliver Virtual Environments for Real-World Justice, Business Wire (March 30, 2015)
Speeches
Successfully Defending a Federal White Collar Criminal Case, Southern District of Texas Federal Bar Association Luncheon
Not Guilty: The Roberts Insider Trading Aquittal, Houston Bar Association Seminars
The 5 Biggest Problems in Criminal Law Today, Houston Bar Association Seminars
Not Guilty: The Deepwater Horizon Criminal Trials, Business Crimes for Criminal and Civil Lawyers
Deepwater Horizon: Reflections on Navigating High-Profile Criminal Investigations and Trials, Houston Bar Association Criminal Law & Procedure Section
Written Publications
Improving “Willful Blindness”Jury Instructions in Criminal Cases after High Court's Decision in Global-Tech, BNA Criminal Law Reporter
Repackaging Skilling-Barred Fraud Theories: A Form of Damage Control That Goes Too Far, BNA White Collar Crime Report
Ending a Decade of Federal Prosecutorial Abuse in the Corporate Criminal Charging Decision, 9 WYO. L. REV. (2009)
Thornton v. United States: Blurring Belton's Bright Line Rule Spells Disaster for Lower Courts and the Fourth Amendment, 35 SW. U. L. REV. (2005)
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Chambers USA, “White-Collar Crime & Government Investigations”
Lawdragon, “500 Leading Litigators in America”
Super Lawyers, “Criminal Defense: White Collar”
Best Lawyers in America, “Best Lawyers”
Texas, “Top Lawyer”
Benchmark, “Litigation Star”
Benchmark, “Future Star”
Benchmark, “Under 40 Hot List”
Texas Monthly, “Outstanding Young Lawyer”
Super Lawyers, “Rising Star”
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State Bars of Texas and Minnesota
United States District Court for the Southern, Northern, Eastern, and Western Districts of Texas
United States Court of Appeals for the Fifth Circuit
National Association of Criminal Defense Lawyers
American Bar Association
Partner, Smyser Kaplan & Veselka LLP
Counsel, Quinn Emmanuel Urquhart & Sullivan
Attorney, Gerger & Clarke
Associate, Skadden, Arps, Slate, Meagher & Flom LLP
Law Clerk to the Hon. Harold R. DeMoss, Jr., United States Court of Appeals for the Fifth Circuit
J.D., summa cum laude, Pepperdine University
B.A., Pepperdine University