Photo of C. John Muller

C. John Muller

Senior Counsel

Education

St. Mary’s University School of Law, J.D., 2009, summa cum laude

Honors

St. Mary’s University School of Law, J.D., 2009, summa cum laude

John M. Harlan Society

Phi Delta Phi

St. Mary’s Law Journal, Articles Editor

Martin D. Bearn Editor’s Excellence Award

San Antonio Bar Association, Litigation Section, Director

Best San Antonio Lawyers, San Antonio Scene Magazine

North Chamber of Commerce, Leadership Lab Alumnus

Court Admissions

U.S. District Court, Western District of Texas

U.S. District Court, Southern District of Texas

Profile

John Muller focuses his practice on complex commercial litigation, with an emphasis on matters involving white collar defense and business torts. He has successfully resolved matters involving Ponzi schemes, embezzlement, theft of tangible and intangible assets, and ERISA fiduciary matters. He has tried and won numerous cases in federal and state courts and has successfully resolved disputes throughout Texas. With extensive experience handling fraudulent transfers and issues relating to vicarious liability, John is regularly appointed to serve as a court-appointed turnover receiver to aid judgment holders in tracing and recovering assets. John’s litigation support team includes highly experienced forensic accountants, private investigators, technology experts, and an array of other professionals who are capable of efficiently generating results.

John graduated summa sum laude as the Salutatorian of St. Mary’s University School of Law in 2009, where was awarded the Martin D. Bearn Editor’s Excellence Award for his work as an Articles Editor for the St. Mary’s Law Journal. He has served as a judicial intern to Chief Judge Fred Biery of the United States District Court for the Western District of Texas and Justice Phylis Speedlin of the Fourth Court of Appeals. As a current Director of the San Antonio Bar Association Litigation Section, he regularly works with leaders of the San Antonio bar and judiciary and speaks on issues involving white collar crimes and business torts. He has been published on numerous occasions.

Significant Matters

White Collar Crimes, Business Torts & Fraudulent Transfers:

  • Defended land developer in white collar matter involving alleged theft and misappropriation of funds.
  • Defended chief financial officer in white collar matter alleging conspiracy to commit money laundering and wire fraud.
  • Defended tax professional in white collar matter alleging tax evasion and fraud under 18 USC § 1341.
  • Defended professional basketball player in white collar matter involving tax evasion.
  • Received judgment in favor of Fortune 500 landlord in breach of lease and vicarious liability lawsuit involving complex transfers between related entities.
  • Represented national bank in matter alleging breach of contract and fiduciary duty asserted by investor and developer of real property.
  • Represented equipment wholesaler in numerous breach of contract and collection matters and successfully seized tangible and intangible business assets to satisfy judgments.
  • Represented landlord in matter against tenant who executed numerous fraudulent transfers between related entities in an effort to avoid liability under a lease.
  • Represented a retailer in a partnership dispute involving employee embezzlement and vendor claims made by related parties.
  • Represented general contractor in matter involving theft of investment funds by and through a Ponzi scheme.

Commercial and ERISA Litigation:

  • Represented a commercial landlord and, after a ten-day jury trial, successfully resolved a dispute involving fraudulent transfers of a tenant’s assets.
  • Represented organization dedicated to military support in ERISA fiduciary litigation asserted by the estate of a former principal officer.
  • Represented home builder in conversion and theft of intellectual property matter and successfully recovered intangible property by injunction.
  • Received summary judgment on behalf of a national bank in breach of guaranty matter and received no evidence summary judgments relating to multiple fraud and aiding and abetting counterclaims.
  • Defended an HVAC equipment manufacturer in warranty and product liability case which resulted in dismissal of all adverse claims and cross-claims.
  • Represented an energy company in commercial litigation involving multiple vendor contracts and sworn accounts.
  • Defended national bank in numerous matters involving attempts by homeowners to avoid foreclosure.
  • Counseled and advised Fortune 500 automobile manufacturer in tax controversy matter involving taxability of sale-leaseback agreement under Texas Sales, Use, and Excise Tax.
  • Counseled and advised Fortune 500 software developer in Texas Franchise Tax matter involving complex apportionment and combined reporting issues.
  • Represented multiple taxpayers in multi-state nexus, audit, and state and local tax compliance and planning matters.
  • Represented multiple taxpayers in ad valorem taxation litigation and administrative controversies.

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