J. Ronald Sim

Experience

Ron Sim has spent over 25 years in private practice handling a wide variety of civil and criminal cases. After leaving the United States Attorney's Office in 1980, Ron built a white-collar criminal defense practice. He has been involved in several health care cases with both civil and criminal exposure. He has represented both large corporations and individuals in criminal cases involving government contracting. He has represented officers and directors of financial institutions during grand jury investigation and has also represented clients charged with or under investigation for customs law violations, securities fraud, tax fraud, environmental violations and ERISA violations. Additionally, Ron has a significant civil litigation practice, generally representing businesses in complex disputes. He identifies himself primarily as a "trial lawyer" and has sought out opportunities to try cases in diverse fields such as employment discrimination, estate litigation, trade secrets and real estate disputes.

Prior to joining Stoel Rives, Ron was an Assistant U.S. Attorney for the Western District of Washington (1972-1980); a U.S. Attorney for the Western District of Washington (1977); and an attorney with the U.S. Navy Judge Advocate General's Corps (1968-1972).

Professional Honors & Activities

• Listed in Best Lawyers in America®, 2007-2012
• Listed in Washington Super Lawyers®, 1999-2011
• Selected as one of "America's Leading Lawyers for Business" (Washington) by Chambers USA (currently: Litigation: White-Collar Crime & Government Investigations), 2006-2012
• Past president, Federal Bar Association of the Western District of Washington
• Criminal Justice Act Committee, U.S. District Court for Western District of Washington
• Mediator and arbitrator, United States District Court
• White Collar Crime Committee, Criminal Justice Section and Litigation Section, American Bar Association
• Washington State Bar Association
• King County Bar Association Judicial Conferencing Program
• Association of Former United States Attorneys
• Lawyer Representative, Ninth Circuit Judicial Conference, 1985-1987, 1990

Presentations

• Ron is a frequent lecturer at Continuing Legal Education programs regarding representation of individual and corporate targets of federal criminal investigations and legal ethics.

Publications

• "Response to a Criminal Investigation of a Health Care Provider," Pacific Northwest Health Care Compliance Institute, 2000
• "Environmental Crimes Liability Update," Oregon Insider, Mar. 15, 1999
• "Hot Issues, Developments, and Trends in White Collar Crime and Responding to a Criminal Investigation," chapter for 1998 Corporate Counsel Institute, Washington State Bar Association
• "Environmental Investigations," Washington Law, Jan. 1992

Education

• University of Washington, J.D., 1968
• Michigan State University, A.B., 1965

Admissions

• Washington
• U.S. District Courts for the Eastern and Western Districts of Washington

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Representative Criminal Investigations, Trials, and Matters Involving Continuation of Business with the Government

• Successful two-week criminal trial (hung jury) of a federal cigarette tax case.
• Shipping company executive regarding antitrust investigation.
• An investment advisor in a grand jury investigation regarding tax shelters.
• A public corporation in an options backdrafting investigation.
• An oil company executive in a grand jury investigation of a pipeline leak in Alaska. Client was not charged.
• A substantial Northwest manufacturer that exports electronic equipment regarding allegations by the Office of Export Enforcement that some product may have been resold to a prohibited user.
• A large Oregon gravel mine in the investigation of a employee death. No charges were filed.
• Represented a company that buys and brokers furs in a federal criminal anti-trust investigation. Case was closed by the Department of Justice with no charges related to our client.
• Two former Enron executives regarding ongoing criminal investigations.
• The owner of a major Russian fishing company who was charged with U.S. tax crimes. Following success on defense motions, all charges were dismissed.
• Represented several physicians in a grand jury investigation of a teaching hospital system.
• A nephrologist under investigation regarding billings for Medicare. No charges were filed and a False Claims Act case was settled on favorable terms.
• A physician involved in a clinic that had serious billing issues with an insurance company. Health Care Fraud charges were returned against some parties, but our client was not charged.
• An employee of the Olympic Pipe Line Company under investigation concerning the rupture of the pipe line at Bellingham, Washington in June 1999. The client was granted immunity.
• The former General Manager of an Alaska North Slope oil drilling company under investigation for violation of environmental laws. The company and several individuals were prosecuted, but our client was not charged.
• The former CEO of a large fisheries firm concerning an indictment alleging the sending of unseaworthy vessels to sea, violations of a National Marine Fisheries Service loan guarantee program and violation of environmental laws. The indictment was dismissed.
• A major Northwest concrete company charged with violations of the Clean Water Act. A favorable plea was negotiated and no individuals were charged.
• A founder of a health food products company in a criminal tax investigation. Criminal charges were not filed.
• The Chief Operating Officer of an aerospace fasteners manufacturer during a lengthy grand jury investigation and resulting prosecution.
• More than 100 employees of corporations who have been involved as witnesses in grand jury proceedings under circumstances suggesting that they needed separate counsel.
• A medical device manufacturer during a government investigation concerning product quality. No charges resulted.
• A major fruit exporter in case involving shipment of mislabeled product. Obtained dismissal of money laundering charges initially brought by the grand jury.
• A businessman charged with bank fraud and money laundering in the trial of a case arising from the financing arrangements for a building materials firm.
• Successfully represented small business owners and avoided antitrust indictments in two unrelated cases.
• Sundstrand Corporation during an extensive grand jury investigation, prosecution, and suspension and debarment proceedings.
• A large insurance company in a grand jury investigation concerning ERISA compliance. No indictment resulted.
• A Vice President of a major bank regarding large energy-related loans made in the Southwest. After a lengthy Grand Jury investigation, no indictment was returned.
• Several different clients in criminal antitrust investigations. None have ever been charged with a crime.
• In many of the above cases, and in several others, separate issues concerning suspension, debarment, and the continued right to do business with the federal government have been significant.

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Representative Clients and Areas of Civil Practice

• U.S. Foodservice in defense of litigation where sellers of a Northwest meat processing facility claimed that the provisions of an "earnout" agreement were violated. The matter was settled during mediation.
• A substantial real estate lender regarding allegations by a builder that delays in closing the loan resulted in increased costs and other damage. This case was settled in mediation.
• Represented a defendant in the Olympic Pipeline wrongful death litigation.
• Represented UNC, Inc., the Hanford contractor responsible for operation of all of the reactors between 1965 and 1988, in the defense of a class action case asserting tort and environmental damage claims on behalf of people located downwind or downriver from the facility.
• Represented a former Senior Vice President of a large bank in defense of a class action securities fraud case and a companion direct action by the bank against former officers and directors. The case involved important insurance coverage issues. The ultimate settlement resulted in payments to our client on his counter claims.
• Represented former directors of a failed savings and loan in litigation against the FDIC. In a companion suit against CNA Insurance, we won a ruling that the actions involved in the FDIC suit were covered by insurance.
• Represented a former Director and CEO of an Idaho Savings and Loan regarding litigation with the FSLIC. A settlement resulted in which the client paid no damages.
• Defended a major U.S. hops dealer in civil antitrust litigation.
• Represented several investors in a real estate project in a successful securities fraud trial that resulted in over $1 million being paid to clients.
• Defended large firm securities dealer in two civil fraud trials with satisfactory results.
• Continuously represents Stoel Rives clients in routine commercial disputes.

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Representative Qui Tam Actions and Other Non Criminal Litigation with the United States

• U.S. ex rel McKinney v. Sundstrand Corporation. Represented a defense contractor against claims by former executive that there was a pattern of overbilling. The United States declined to take over the litigation and the case went through discovery before a settlement was negotiated.
• An Oregon hospital that was raided by federal agents armed with subpoenas as a result of a qui tam action. Ultimately the United States declined to intervene and the case is being pursued by the relator.
• U.S. ex rel Eitel v. Air Train, Inc., et al. Local counsel with a substantial role for Emery Airfreight in a pro se action by a professional qui tam relator. The case involved contracts with the U.S. Postal Service. District Court granted Summary Judgment just before trial. Eitel appealed and we participated in briefing the case to the Ninth Circuit. The appeal was dismissed on respondents' motion.
• U.S. ex rel Fox v. Northwest Nephrology, et al. Counsel for nephrologist defendant in case brought by former employee (also a nephrologist) alleging that the clinic systematically overbilled Medicare for treatment of hospitalized dialysis patients. The case was finally settled after mediation.
• Represented a group of 12 Oregon hospitals in an investigation by the U.S. Attorney's Office. False Claims Act litigation was threatened. The cases were resolved for less than the government's initial single damages claim.
• Represented numerous physicians at the University of Washington Medical Center who were important witnesses regarding the allegations of the qui tam relator. The case settled with no financial contribution from any of our clients.
• Represented a client who plead guilty in a criminal defense contractor case. His testimony was critical to a wrongful discharge case with qui tam implications brought by a former subordinate.
• Has represented several individuals and businesses in disputes with the U.S. Customs Service concerning import and export duties, forfeitures, and penalties.

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