Kevin D. Evans Partner

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6400 South Fiddlers Green Circle, Suite 1820
Denver, Colorado 80111
kdevans@s-elaw.com
Tel: 720.200.0613  Fax: 720.200.0679

Mr. Evans is a founding member of Steese ♦ Evans ♦ Frankel, P.C. His practice involves the representation of clients in complex civil and white collar criminal litigation. Prior to founding Steese ♦ Evans ♦ Frankel, P.C., Mr. Evans practiced for 6 years and was a partner at Hogan & Hartson L.L.P. in Denver, and prior to that was a partner at Schiff Hardin & Waite in Chicago, where he practiced for 11 years. In 1996, he was profiled in the Illinois Legal Times as one of the 15 most talented young trial attorneys in Chicago. In addition, from 1993 through 1996 Mr. Evans was appointed as Special Assistant Attorney General in Illinois to investigate and pursue that state's largest road builder for fraud and false billings.


Practice

Mr. Evans' experience in civil proceedings has included the representation of various Olympic athletes in disputes related to promotional issues, a big five accounting firm in an action instituted by an arm of the Chinese government, a trading company in an action brought by a Kazakhstan government entity relating to the purchase and sale of Kazakhstan oil, various medical device manufacturers in qui tam actions arising from the submission of alleged false claims, a gas utility company in qui tam and related actions alleging underpayment of royalties for natural gas, an array of clients in antitrust actions, an international financial institution in trade secrets litigation, the Metropolitan Football Stadium District of Colorado, and the owner of several professional sports teams.

In his white collar criminal defense and regulatory practice, Mr. Evans has represented the United States Olympic Committee in connection with the investigation related to the award of the 2002 Winter Games to Salt Lake City, a physician charged with violation of the Medicare/Medicaid anti-kickback statute, a chemical company in a RCRA and Clean Water Act case, a large environmental laboratory in a grand jury investigation, an environmental plant manager in a RCRA and Clean Water Act grand jury investigation, executives of a large telecommunications company accused of securities law violations, executives of an investments company in connection with an investigation into alleged securities law violations, a commodities broker charged with trading violations on the floor of the Chicago Mercantile Exchange, a natural gas trader in connection with an investigation pertaining to the alleged reporting of false trades, a manager of a large aerospace company accused of false claims violations in connection with the space shuttle program, a meat producer in a false statements case arising from an e-coli outbreak, food distributors in cases alleging transportation of adulterated meat and poultry products, and various former municipal officials charged with bribery and extortion. He also has represented clients in various other grand jury and administrative proceedings, including investigations related to securities issues, and is experienced in internal corporate investigations arising out of actual or suspected wrongdoing.


Recent Highlights

Commercial Cases

Mr. Evans defended the United States Olympic Committee in an action brought by the developer with respect to projects to renovate the Olympic Training Center in Colorado Springs and develop other buildings. The developer agreed to dismiss the action against the USOC with prejudice.

Mr. Evans successfully defended Kroenke Sports Enterprises LLC in an over $5 million breach of contract and fraud action. At the conclusion of discovery and on the eve of the filing of KSE's motion for summary judgment, in which KSE also was seeking recovery of its attorneys' fees and costs, the plaintiffs agreed to dismiss all claims against KSE with prejudice.


Government Contracts Counseling & Litigation

Mr. Evans obtained summary judgment for Public Service Company of Colorado in a multi-district, multibillion dollar reverse qui tam action brought against over 300 companies in the oil and gas industry alleging underpayment of royalties for natural gas extracted from Federal and Indian lands. PSCO prevailed on appeal in the Tenth Circuit and certiorari was denied by the Supreme Court. The District Court then ruled that PSCO was entitled to recovery of its attorneys' fees and costs incurred in the litigation.


Internal Investigations

Mr. Evans spearheaded an internal investigation on behalf of a client with a project in Afghanistan. In connection with this investigation, Mr. Evans visited Kabul, Afghanistan on two occasions to interview employees, former employees, and vendors.

Mr. Evans conducted an internal investigation on behalf of a government contractor with respect to the award of various Task Orders under an Air Force contract.

Mr. Evans spearheaded an extensive internal investigation on behalf of a for-profit college across 17 campuses. This investigation was conducted over a 7 week period and involved interviews of over 200 individuals and forensic document examination, and culminated in an over 300 page report of findings and recommendations.

Mr. Evans conducted an internal investigation on behalf of an environmental laboratory related to potential reporting issues, and prepared a corporate compliance and ethics manual and training program which the laboratory implemented.

Mr. Evans conducted an internal investigation on behalf of Qwest Communications in connection with accounting and disclosure issues pertaining to a particular equipment transaction. The Department of Justice declined to take action against the company.


White Collar Criminal Defense and Securities Litigation

Mr. Evans successfully represented a former accountant and senior director of financial reporting at Qwest Communications in an ongoing action brought by the Securities and Exchange Commission against two former accountants, and the former CEO, CFO, and President of the company. The SEC alleged fraud in excess of $3 billion, and asserted claims predicated on alleged accounting, internal controls, and disclosure violations. Mr. Evans took the lead on behalf of the defense group in the vast majority of the 69 depositions taken in the case, and in an important 702 hearing. The court granted summary judgment in favor of Mr. Evans' client and against the SEC on all claims.

Mr. Evans represented an environmental laboratory during an over 4 year grand jury investigation, after a search of one of the client's branch labs by over 30 EPA agents. Mr. Evans was told by the Department of Justice that it intended to bring charges against the company. Following a written submission and presentation to the Environmental Crimes Section of the Department of Justice as to why it should not indict the company, DOJ declined prosecution.

Mr. Evans assisted a large, international specialty chemical company resolve a federal grand jury investigation into potential RCRA violations in connection with the storage of elemental phosphorous.

Mr. Evans represented a natural gas trader in investigations by the Commodities Futures Trading Commission and the Department of Justice into suspected manipulation of market prices. No action was taken by either the CFTC or DOJ against the trader.

Mr. Evans represented a plant environmental manager in a grand jury investigation resulting in a declination of prosecution.

Mr. Evans represented two former employees of Qwest Communications in investigations by the Securities and Exchange Commission and the Department of Justice related to suspected accounting and disclosure violations. Neither the SEC nor DOJ took action against either employee.


Honors and Awards

Mr. Evans has been profiled in Chambers USA in 2006 - 2011 as among the leading litigation attorneys in Colorado. In 2008 - 2011, Mr. Evans was "Top Ranked in Chambers USA." Mr. Evans also was profiled as one of Colorado's Super Lawyers in 2007 - 2011.


Personal Interests

Mr. Evans holds black belts in Taekwondo and Karate and currently trains in Judo. He also is an avid scuba diver, and has climbed nearly half of Colorado's 14,000 foot peaks.