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
  • Embezzlement
  • Insurance Fraud
  • Securities and Financial Institution Fraud
  • Money Laundering
  • Identity Theft
  • RICO (racketeering and other conspiracies)
  • Murder
  • Drug Trafficking
  • Firearms Offenses
  • Bank Robberies
  • Immigration
  • Hobbs Act Robberies
  • Mann Act Violations
  • Cybercrimes

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)

Media Coverage


Most Recent Posts

  News

CSH Law Attorneys Featured in Wrightsville Beach Magazine

Traditional Scale

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

  News

The Government’s Adoption of Big Data Analysis Yields Fruit

Patrick M. Mincey | Criminal Defense Attorney Wilmington

“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

  News

Government Pursuit Of Health Care Fraud

stethoscope on open book

“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

  News

Cybersecurity Vigilance In The Boardroom

CSH Law Wilmington conference room

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