Timothy P. O'Toole

Timothy P. O'Toole defends individuals and companies in white collar criminal prosecutions, conducts internal corporate investigations, and represents potential witnesses and targets in government investigations. His white collar criminal defense practice includes matters involving the Foreign Corrupt Practices Act, criminal tax, conspiracy, false representations to government agencies, bribery, illegal gratuities, obstruction of justice, and fraud.

Mr. O’Toole also handles complex litigation arising under the Employee Retirement Income Security Act (ERISA). His ERISA practice spans a broad spectrum, including fiduciary litigation, pre-emption matters, and cases arising under Title IV. He has represented plan sponsors in benefits litigation and has particular experience in defending breach of fiduciary duty claims. Mr. O’Toole also currently represents a number of retiree organizations in challenges to the manner in which the Pension Benefit Guaranty Corporation (PBGC) has handled the termination of their pension plans and administered their pension benefits.   

Mr. O'Toole is experienced in handling criminal and civil appeals, having presented more than 25 appellate arguments in the state and federal courts, and represented parties and amici curiae before the United States Supreme Court in a Fourth Amendment case (Hudson v. Michigan), cases involving the Sixth Amendment right to confront witnesses (Briscoe v. Virginia; Melendez-Diaz v. Massachusetts; Davis v. Washington; and Hammon v. Indiana), and cases involving federal court jurisdiction (Slack v. McDaniel; Whorton v. Bockting; Muhammad v. Close; and Rumsfeld v. Padilla).

Prior to joining Miller & Chevalier, Mr. O’Toole served as the Chief of the Special Litigation Division of the Public Defender Service for the District of Columbia, where he supervised and handled complex cases in the local and federal courts. He is a former Assistant Federal Public Defender in Las Vegas, Nevada, where he represented people under sentence of death in federal proceedings.