Gary Lincenberg is a name partner at one of the most prestigious litigation firms in the country and the National Chairman of the ABA White Collar Crime Committee.
Mr. Lincenberg's success in the past five years in white collar cases has been remarkable. His two recent trials were against the United States Attorney for the Southern District of New York, where Mr. Lincenberg defended the former CFO of a semiconductor manufacturer against a securities fraud indictment alleging revenue recognition and stock option backdating (United States v. Tomasetta and Hovanec). In the Spring of 2012, after hanging the jury on all 7 counts, the defense obtained a dismissal on 6 of 7 counts. In the retrial of the remaining conspiracy count held in the Winter of 2013, the defense again hung the jury.
He and his firm have successfully reversed U.S. Attorney decisions to indict and obtained non-prosecution agreements and declinations against major defense contractor and health care companies, conducted independent investigations for Broadcom, Yahoo, and numerous other technology, financial, industrial, and non-profit corporations. Currently, he represents several corporate presidents, general counsels, and other executives in FCPA, environmental, tax, and bank investigations.
In the securities field, Mr. Lincenberg currently represents companies and individuals in cases involving market manipulation, insider trading, and traditional 10b-5 and 17(a) investigations.
Defense of Meggitt, plc — Successful defense of export controls investigation
Patrick McGowan — Successful defense of grocery store executive, who was later acquitted at trial
Mag Instruments, Inc. and Anthony Maglica — Successful defense of company and executive in tax and campaign contribution investigation
Eugene Hovanec — Successful defense at trial in securities fraud prosecution
Dr. Alexander Rivkin — Healthcare fraud prosection - hung jury followed by dismissal
Vivien Wieder — Money laundering prosecution - hung jury followed by dismissal
Newhall Land and Farming Company — Dismisssal on day of trial of environmental crimes prosecution
Yahoo, Inc. — Internal Investigation on behalf of Audit Committee
Sunrider Corporation and its CEO — Successful post-indictment settlement in tax and customs investigation
Grynberg v. Hunter World Markets, et al — Defense verdict in parallel civil case to SEC matter
Alan Carroll — Obtained dismissal of counterfeiting allegations against executive of large office supply company
Sunrise Nursing Homes — Obtained dismissal of elder abuse prosecution
Kmart — Reduced criminal cases to civil settlement in underground storage tank prosecution