Mr. Mincey is a trial lawyer. He represents clients in white collar crimes, in general Federal and State prosecutions, and in business litigation. He heads the firm’s White Collar & Criminal Defense Group.
Mr. Mincey has tried more than 100 jury and bench trials to verdict.
He defends individuals, professionals, corporations and their executives who are the targets of investigations of crimes such as health care fraud, mail and wire fraud, and embezzlement. In his general Federal and State practice, he defends individuals for offenses ranging from drug trafficking to death penalty cases.
He has been called on to represent judges, prosecutors, law enforcement and other ranking government officials in high-profile litigation.
With more than 75 attorneys in the firm’s offices across North Carolina, Mr. Mincey’s defense team collaborates with other practice groups to offer a complete assessment of criminal and civil exposure to ensure comprehensive solutions for all aspects of a client’s interests.
Mr. Mincey has been awarded with Martindale Hubbell’s AV Preeminent Peer Review Rating, which for more than a century has been the gold standard in attorney ratings. In 2014, the legal community recognized Mr. Mincey by selecting him to the National Trial Lawyers Top 100 Criminal Defense Attorneys. He is regularly invited to speak on white collar and criminal defense issues across North Carolina.
Mr. Mincey graduated from Davidson College with degrees in both English and French Literature. He studied abroad at both the London School of Economics and New York University’s Paris Campus. Mr. Mincey is fluent in French and the fourth-generation trial lawyer in his family to train at Mercer University in Macon, Georgia.
He is an avid outdoorsman, hunter, conservationist and Eagle Scout. His wife, Lydia, is a classically trained artist and they have a daughter, Marielle.
Representative & Precedent Setting Cases
Cases or matters referenced do not represent the lawyer’s entire record. Each case is unique and must be evaluated on its own merits. The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.
- In international gun ring case, obtained dismissal of claims against criminal defense attorney. Defendant pleaded guilty after investigation revealed firearms he was smuggling for years from North Carolina to United Kingdom on commercial airline were being used in murders and robberies across England. After multiple day evidentiary hearing in Federal court on a motion alleging ineffective assistance claim, court concluded attorney’s investigation into defendant’s international spy activity on behalf of United States Government was sufficient. All civil malpractice claims in State court subsequently dismissed.
- In first degree rape of a child trial, successfully argued pre-trial motion to suppress State’s proposed expert testimony on “repressed memory theory” in case where alleged victim claimed she forgot being repeatedly raped at age 7 by her father, then claimed to recall the traumatic experience nearly a decade later. Trial court granted motion to suppress alleged victim’s testimony after hearing multiple days of scientific evidence from Harvard psychiatrists and internationally leading authorities on “repressed memory theory.” After State appealed ruling on suppression motion, successfully defended trial court’s order Court of Appeals and at oral argument before Supreme Court of North Carolina which set precedent on North Carolina Evidence Law. After case sent back to trial for another three-day evidentiary hearing, obtained dismissal of all charges for State’s violation of 6th Amendment right to speedy trial. State v. King, 366 N.C. 68, 733 S.E.2d 535 (2012).
- In forcible sex offense trial where male caretaker charged with sexually assaulting 101 year-old female, obtained not-guilty jury verdict.
- In manslaughter trial, obtained dismissal of charge at conclusion of State’s evidence on issue of “imperfect self-defense” where client thought he heard burglar enter his home, fired a warning shot with his pistol, and bullet ricocheted around house before fatally wounding client’s own mother in another room.
- In DWI jury trial where decorated officer in United States Army Special Forces stopped for speeding and chemical analysis tests showed .08% blood alcohol content was over statutory limit, successfully achieved hung jury and subsequently negotiated State’s voluntarily dismissal of DWI and speeding charges.
- In first-degree forcible rape jury trial where client was charged with detaining woman in home for several weeks and repeatedly raping her at knife-point, obtained not-guilty on all charges.
- In DWI jury trial where client’s alcohol concentration nearly double legal limit while driving her minor child to hospital, obtained not-guilty on defense of “legal necessity.”
- In multi-million dollar fraud case against real estate attorney, obtained dismissal on grounds attorney was immune as quasi-judicial officer when acting as court-appointed commissioner to oversee partition of real property. Dismissal upheld unanimously on appeal to North Carolina Court of Appeals.
- Obtained dismissal of claim alleging in excess of $1,000,000.00 after plaintiff was charged with multiple felony counts in connection with the discharge and attempted cover up of over 330,000 gallons of untreated hog waste into United States waterways. Plaintiff pleaded guilty, then alleged that his attorneys told him that they had a “side deal” with the Government that they would not seek incarceration. Alleged side deal was in direct contrast to the terms of plaintiff’s written plea agreement, and at plea hearing, plaintiff told the Court under oath that no promises or representations had been made to him other than what was set forth in the written plea agreement. Plaintiff immediately appealed dismissal of the legal malpractice claim, and after oral argument, the Court of Appeals affirmed the trial court, holding that as alleged in the complaint plaintiff was in pari delicto – in the wrong about the same matter of which he complains – with the alleged (but denied) misconduct of attorneys. Freedman v. Payne, 784 S.E.2d 644 (2016).
- In multi-million dollar claim against civil engineering firm, obtained dismissal of lawsuit brought by 400+ homeowners alleging professional malpractice for defective design of coastal marina bulkhead and stormwater system. In precedent setting case involving corporate derivative actions, dismissal affirmed by North Carolina Court of Appeals.
White Collar & Criminal Defense Practice Areas
Mr. Mincey’s practice includes defending businesses and individuals in a range of legal areas, including in the following:
- Healthcare Fraud (including Medicare and Medicaid Fraud)
- False Claims Act
- Dodd Frank Act
- Economic Espionage Act
- Foreign Corrupt Practices Act
- Accounting Irregularities
- Environmental Violations
- Pharmaceutical and Medical Device Off-Label Marketing
- Public Corruption & Campaign Finance
- Obstruction of Justice
- Anti-kickback Regulations
- Export / Import Violations
- Wire Fraud
- Bank Fraud
- Tax Fraud
- Mortgage Fraud
- Mail Fraud
- Insurance Fraud
- Securities and Financial Institution Fraud
- Money Laundering
- Identity Theft
- RICO (racketeering and other conspiracies)
- Drug Trafficking
- Firearms Offenses
- Bank Robberies
- Hobbs Act Robberies
- Mann Act Violations
Articles, Presentations, and Publications
- “Evidentiary Issues with the Psychological Phenomenon of Repressed Memory Theory,” (UNC School of Law, March 7, 2013)
- “Corporate Impact of the Dodd-Frank Act’s bounty Program” (Association of Corporate Counsel of America-Research Triangle Chapter, May 14, 2014; Triad Chapter, August 27, 2014)
- “Liability & Risk Management Issues with Active Shooters in the Workplace” (North Carolina American Society of Safety Engineers (NC ASSE) February 18, 2016)
- “Corporate Responsibilities, Governance & the Active Shooter” (Scott Insurance CFO / CPA Risk Management Conference November 9, 2016)
- Murder case rises from the ashes
- Attorneys for Ousted DA Argue Removal Violates Constitutional Rights
- Court of Appeals Questions District Attorney’s Removal
- Attorneys Argue Fate of District Attorney in Appeal
- Attorney Seeks Extended Time At Oral Argument in Precedent Setting Appeal
- Court of Appeals to Hear Case on Removal of District Attorney
- Attorney Wins Supreme Court Appeal about Repressed Memory Evidence
- Court Dismisses Rape Charges After Client Denied Right to Speedy Trial
- Attorney Defends DA in Rare Removal Proceeding
- Judge Dismisses Manslaughter Charge At Conclusion of State’s Evidence
- Court Considers First Amendment Argument in Rare Inquiry of District Attorney
- Attorney Argues First Amendment Protects District Attorney’s Right to Free Speech
- District Attorney Removal Inquiry Is Troubling
- Evidentiary Ruling on Repressed Memory and Scientific Evidence Makes New Law
- State Appeals Ruling on Scientific Evidence
- District Attorney Removal Hearing No. 4 Story of 2012
- Attorney Defends District Attorney’s Right to Free Speech
- Attorney Argues District Attorney’s Speech Was Made to Defend Her Office
Most Recent Posts
John Martin and Patrick Mincey are featured in the latest edition of Wrightsville Beach Magazine. “Longevity, Profitability and Personality” examines the process of becoming a partner in a legal services firm. John and Patrick share their personal insights and experiences in the article.… Read More
Cranfill Sumner & Hartzog LLP (CSH Law) today announced that 11 attorneys have recently received an AV® Rating from Martindale-Hubbell.… Read More
Cranfill Sumner & Hartzog LLP (CSH Law) today announced that three of its attorneys have been named partners in the firm. The new partners include Matthew Covington, Patrick Mincey and Mica Nguyen Worthy.… Read More
“FAQs to Avoid DWIs During the Holidays: Part 3” was published in the Dec. 21 edition of the Greater Wilmington… Read More
“FAQs to Avoid DWIs During the Holidays: Part 2” was published in the Dec. 7 edition of the Greater Wilmington… Read More
“Top 10 FAQs To Avoid DWIs During The Holidays,” an Insights article by Patrick Mincey, was published in the Dec.… Read More
Patrick Mincey, Chair of the Criminal Defense Practice Group at Cranfill Sumner & Hartzog LLP, will be a featured speaker at the North Carolina American Society of Safety Engineers (NC ASSE) Chapter meeting on Feb. 18.… Read More
Patrick Mincey obtained a 12 (b)(6) dismissal upheld by Court of Appeals. In commercial construction defects case brought by hundreds of property owners… Read More
Patrick Mincey served as Defense Counsel in a case where the Plaintiff sued a real estate attorney who conducted court ordered… Read More
“The Government’s Adoption of Big Data Analysis Yields Fruit,” an Insights article that examines instances of big data analysis by the U.S. government by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Dec. 15.… Read More
“Government Pursuit Of Health Care Fraud,” an Insights article that examines fraud in the health care industry by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Dec. 1.… Read More
“Proposed Federal Criminal Regulation Of Drone Operation,” an Insights article that examines the emergence of drone laws by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Nov. 15.… Read More
Benton Toups and Patrick Mincey, attorneys in the Wilmington office of Cranfill Sumner & Hartzog LLP (CSH Law), are featured in the Men in Business section of the latest edition of Wrightsville Beach Magazine.… Read More
“Guidance For Companies Victimized By Cybercrime,” an Insights article by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Nov. 1.… Read More
“Corporate Liability Considerations: An Active Shooter In The Workplace,” an Insights article by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Oct. 15.… Read More
An Insights article entitled “The Justice Department To Corporate Executives: We’re Coming After” by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Oct. 1.… Read More
“Deferred Prosecution Agreements, Part 3: More Potential Collateral Consequences,” an Insights article by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Sept. 15. … Read More
“Deferred Prosecution Agreements, Part 2: Potential Collateral Consequences,” an Insights article by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Sept. 1. … Read More
“Deferred Prosecution Agreements And Non-Prosecution Agreements,” an Insights article by Patrick Mincey, was published on the online edition of the Greater Wilmington Business Journal on Aug 15. … Read More
An Insights article by Patrick Mincey entitled “Practical Guidelines For Management To Anticipate A Fraud Investigation” was published on the online edition of the Greater Wilmington Business Journal on Aug 1. … Read More
An Insights article by Patrick Mincey was published on the online edition of the Greater Wilmington Business Journal on July 15. The article entitled “Cybersecurity Vigilance In The Boardroom” examines the importance of cybersecurity for businesses.… Read More
Patrick Mincey, Co-Chair of the Criminal Defense Practice Group at CSH Law, authored an Insights article for the Wilmington Business Journal . … Read More
Chris Hinnant and Patrick Mincey are featured in the Men in Business issue of Wrightsville Beach Magazine. Chris and Patrick,… Read More
Patrick Mincey and Benton Toups were featured in the Men in Business section of the November 2014 issue of Wrightsville Beach Magazine.… Read More
Patrick Mincey, Co-Chair of the Criminal Defense Practice Group at CSH Law, named to The National Trial Lawyers: Top 100.… Read More
Patrick Mincey, Co-Chair of the Criminal Defense Practice Group at CSH Law, speaks at the Association of Corporate Counsel of America, Triad Chapter.… Read More
Patrick Mincey, the Co-Chair of the Criminal Defense Practice Group at CSH Law, will speak at the ACCA – Research Triangle Chapter Lunch and Learn session.… Read More
Highlights: Through proactive motions work, CSH attorney Mincey was able to have all charges against his client dismissed. Summary: The… Read More
Patrick concentrates his practice in medical malpractice, professional liability, catastrophic torts and criminal defense.… Read More