Gary S. Lincenberg

On behalf of Plains GP Holdings, a Fortune 100 company, in a four-month trial arising out of an oil spill in Santa Barbara. Court orders and verdicts resulted in dismissal on the known felony counts, dismissal of the three individuals, and defeating 99.7% of the State’s fines and restitutions claims.

Successfully represented KST Data, Inc. and its chief principal – obtaining a dismissal of criminal charges relating to false claims in connection with a declination of parallel civil charges.

Successfully defended a public company, Woodward Inc., its subsidiary, and the subsidiary’s prior owners, in a defective pricing/FCA criminal and civil prosecution by the USAO for the Northern District of Illinois. Obtained declinations against former owners and achieved global monetary settlement for company of ten cents on the alleged dollar.

Successfully directed numerous internal investigations for public companies of false claims allegations where we avoided charges.

As an AUSA in the Government Fraud section, investigated and prosecuted several large FCA cases.

Obtained dismissal with prejudice for Chicago attorney/NFL sports agent in investment fraud case.

Won motion to vacate SEC award involving high profile insider trading case, United States v. Newman, and related case SEC v Dosti.

Won dismissal of all charges against the executive of a Chinese public company charged with theft of trade secrets. Mr. Lincenberg’s cross-examination in Iowa of FBI agents, which led to the dismissal of the charges, is highlighted in Mara Hvistendahl’s book, The Scientist and the Spy.

Successfully defended a UCLA professor against felony conflict of interest charge and then prevailed on appeal.

Successfully defended a health care provider against mandatory reporting charges, resulting in dismissal at trial.

Successfully defended a CFO against revenue recognition and options backdating criminal and SEC prosecutions in New York. Mr. Lincenberg hung the jury in two successive trials leading to dismissal of all charges followed by settlement on a lesser charge with probation.

 Obtained defense verdict for a prominent broker-dealer at trial on civil investment fraud charges.

Successful dismissal of charges against an attorney/sports agent charged in San Diego with investment fraud.

Successfully defended companies and executives of public companies in several pending FCPA investigations.

Defended the CEO and owner of a prominent garment industry company charged in a $15 million workers’ compensation fraud case, resulting in a probationary sentence.

Successfully represented public telecom company in patent, breach of contract, and internal investigation matters.

Defended a high-profile financial services client in pending criminal and SEC prosecutions involving alleged affinity investment fraud.

Successfully defended religious institutions in a tax, money laundering, and money remitting prosecution that shook a global charitable network. After winning a motion to suppress a search, Mr. Lincenberg settled on the eve of trial with the dismissal of all counts against four of the five organizations, and a small fine against the fifth.

Successfully defended a physician in a seven-week, four-defendant health care fraud trial. After the jury hung 10-2 in favor of acquittal, Mr. Lincenberg persuaded the U.S. Attorney’s office to drop the criminal case and settled the civil case on a non-fraud basis for a tiny percentage of the alleged dollar amount.

Represented the former president of a bank considered by the media to be a poster child for the national mortgage crisis in an SEC case and grand jury investigation. All charges were avoided.

Defended a public company under investigation in Southern California for export crimes. After the Assistant U.S. Attorney announced his intention to indict, Mr. Lincenberg persuaded the AUSA’s supervisors to overrule this decision and entered into a Non-Prosecution Agreement with zero penalty, believed to be the first of its kind in this area.

Defended a prominent real estate company in a civil prosecution by the Los Angeles City Attorney as part of the highly publicized “billboard wars.”

Defended the former CEO of an optical communications company in a shareholder derivative action, resulting in no liability for the executive, following a declination by the SEC.

Defended a founder of a high-tech company in an investment fraud/tax prosecution.

Represented a major real estate developer of one of the largest undeveloped land parcels remaining in Los Angeles County. Mr. Lincenberg defended the client against environment crime charges and, on the eve of trial, reached a favorable civil settlement with the district attorney’s office.

Forced a civil settlement for payment in full on behalf of a fiber distribution company.

Defended dairymen throughout the Chino Valley in Clean Water Act investigations related to the release of runoff water. Through creative and aggressive defense strategies, Mr. Lincenberg has resolved each of these cases with no prison sentences for any clients.

Served as lead counsel for a highly successful, private investor in connection with a current, high-profile insider trading case under investigation by the SEC and USAO.

Obtained a non-fraud settlement for stockbroker clients and a declination of criminal prosecution. Mr. Lincenberg achieved this against the backdrop of numerous others being charged by the DOJ and SEC with fraud and criminal convictions.

Conducted a wide-ranging investigation focused on the export practices of the Orange County unit of a global aerospace consortium. During the international inquiry, Mr. Lincenberg managed the joint defense team for several individuals facing criminal allegations, and led negotiations with the FBI, DOJ, NCIS, IRS, the State Department and other government agencies. Following the issuing of his report and lengthy meetings with the U.S. Attorney’s office and government representatives, he persuaded the government to reverse its intent to indict his client.

Earned trial acquittal for a doctor accused of Medicare billing fraud. His client was one of several doctors charged in connection with mobile respiratory therapy. While the other physicians pled guilty, Mr. Lincenberg took the matter to trial and achieved his client’s complete acquittal on all counts.

Represented numerous providers in connection with threatened criminal charges arising from alleged violations of standards of care. These include conditions in skilled nursing facilities, care provided at cosmetic surgery centers improper supervision of medical staff, and others. Mr. Lincenberg has successfully convinced numerous agencies to decline to charge such cases and/or even to dismiss those already charged.

Represented a duck farm in a criminal investigation of a workplace death. Mr. Lincenberg eventually persuaded government regulators that his client had not violated any statutes.

Defended a corporation and individual clients in a state occupational safety investigation connected to an explosion at a toy factory, and convinced state prosecutors to decline to bring charges. 

Cleared nursing home worker of responsibility, and set new law, in his defense of one of several nursing home employees charged by the state with violating certain nursing home regulations. Mr. Lincenberg achieved a ruling from the appellate court establishing new law that individual employees cannot be charged with violating these regulations. This caused the entire case to be dismissed.

Successfully defended hospital employees in skid row/patient dumping claims.

Defeated nursing home patient death claims and kickback investigations. In his representation of several nursing homes, Mr. Lincenberg has defended administrators and facilities in various claims. These include defeating claims in connection with patient deaths and investigations into claims of kickbacks from vendors.

Providing continuing counsel to an international government contractor connected to inquiries made by Homeland Security and other agencies concerning vendor sales to sanctioned parties, FCPA violations, fraud and other allegations of wrongdoing.

Conducted dozens of confidential internal investigations for companies in response to whistleblower allegations, private complaints, and government investigations.

Successfully defended Presidential Appointee in public corruption investigation. 

Defended the City of Los Angeles in a lawsuit by the estate of rap star Biggie Smalls claiming that city police officers conspired with rap star Suge Knight in his murder. Won the case on summary judgment. 

 
Appellate Decisions 

People of the State of California v. Michael Lofchie, (2014) 229 Cal.App.4th 240

United States v. Louis Tomasetta, et al., Case No. 10 Crim 1205 (PAC) (S.D.NY. June 2012) (opinion granting Rule 29 motion)

In re McClatchy Newspapers, Inc., 288 F.3d 369 (9th Cir. 2002) (defense against a press request for confidential information)

Crystal v. United States, 172 F.3d 1141 (9th Cir. 1999) (attack on IRS summons procedures)

United States v. Chen, 99 F.3d 1495 (9th Cir. 1996) (r.e., attorney-client privilege issues)

Alvarez-Machain v. United States, 107 F.3d 696 (9th Cir. 1996) (defense of a government operative)

United States v. Speech, 968 F.2d 795 (9th Cir. 1992) (r.e., intent requirements in environmental prosecutions)