Patrick M. Mincey

Patrick Mincey is a trial lawyer.

He represents domestic and foreign clients in litigation throughout the United States and investigations worldwide, having appeared as lead counsel in matters from Las Vegas to London.

Mr. Mincey founded and manages the firm’s White Collar, Government Investigations & Special Matters Practice Group.

Global Investigations & Government Prosecutions

Mr. Mincey represents clients in investigations, litigation, corporate crises and prosecutions by federal, state and foreign governments.  He has handled matters for clients under investigation throughout North and South America, Europe, Asia and Africa.

Mr. Mincey has experience in matters where criminal and civil exposure reaches billions of dollars, and he is routinely involved in cases where individuals face decades of imprisonment.  In addition to working with the Department of Justice and its state and international counterparts defending prosecutions, he has experience with agencies ranging from the National Security Council and Homeland Security Investigations to the Securities and Exchange Commission and State Department.

His clients include professionals and c-suite executives, international conglomerates, private and Fortune 100 companies, securities and real estate brokerages, accounting and law firms, investment groups and registered advisers.  His clients operate in industries ranging from finance and international trade to health care and defense procurement.

Mr. Mincey also has experience representing elected officials and those serving in government positions.  In addition to litigation involving cross-border matters, Mr. Mincey has defended clients in criminal maritime investigations and prosecutions of international cargo vessel owners and their officers.

Complex Business Litigation & Regulatory Enforcement

Mr. Mincey represents clients in matters concerning international finance and securities, the False Claims Act, Foreign Corrupt Practices Act, Stark Law / Anti-Kickback and health care compliance, antitrust, environmental regulation, class actions, financial and sexual employment misconduct, RICO, securities fraud, qui tam relators and government whistleblowers, cyber security and data breaches, unfair and deceptive business practices, trade secrets and economic espionage.

Qui Tam Relators & Whistleblowers

Mr. Mincey takes select cases representing qui tam relators and other whistleblowers with ultra-high-value claims under the False Claims Act and the Securities and Exchange Commission’s Office of the Whistleblower program.

The Media & Crisis Management

Mr. Mincey has extensive experience guiding individuals, organizations, and public officials through public relations crises.

Because his cases typically involve bet-the-company litigation, high-profile individuals, extremely significant financial exposure and/or the prospect of lengthy prison sentences, they have often been covered by national and international media.  They include the Wall Street Journal, Financial Times, Times of London, Washington Post, New York Times, Forbes, La Nación, Los Angeles Times, Chicago Tribune, El País, Infobae, The Guardian, The Indian Express, Politico, Bloomberg, Law360, ABA Journal, National Law Review, U.S. News & World Report, BBC, Fox Business, Netflix, and others.

Mr. Mincey is proud many of his most difficult cases have remained confidential by keeping them out of public reporting.  Because that is not always possible, Mr. Mincey maintains close personal relationships with national media personnel and routinely works with PR firms to manage communications strategies and reassure clients’ standing in the business community.

Grand Jury Subpoenas, Civil Investigative Demands & Internal Investigations

Mr. Mincey regularly advises D&O and professional liability insurance carriers navigating federal grand jury subpoenas, civil investigative demands and regulatory investigations of their insureds.  He also helps corporate and institutional clients with internal investigations involving fraud or other misconduct to develop policies to mitigate a myriad of collateral exposure.

Outside the Courtroom & Boardroom

Mr. Mincey studied at the London School of Economics and New York University’s Paris Campus. He is fluent in French and a fourth-generation trial lawyer.

His wife, Lydia, is a classically trained artist reared in Tanzania and Jackson Hole, Wyoming who worked in France and the Czech Republic before returning to the United States.  An avid conservationist, Mr. Mincey and his family enjoy sailing in Down East Maine throughout the summer.  In cooler months, they love working Santa Gertrudis cattle and wing shooting at their Georgia family farm, Old Agency Reserve.

The Minceys reside on the North Carolina coast with their young daughter.

Honors & Awards

Mr. Mincey has received numerous accolades and awards from his peers and top legal publications, including:

• American Bar Foundation, Fellow since 2019
• Benchmark Litigation, 40 & Under Hot List for White Collar Crime – 2019, 2020
• Business North Carolina, Legal Elite in Criminal Law— 2018, 2019, 2020, 2021
• Business North Carolina, Legal Elite in Litigation – 2021*
• Martindale Hubbell—AV Preeminent Rating since 2016
• North Carolina Super Lawyers, White Collar Criminal Defense—2018, 2019, 2020

*   Of more than 28,000 North Carolina attorneys, just 982 were selected into 2021’s Legal Elite class.  Of those, Mr. Mincey was 1 of only 3 lawyers to be named in both Criminal Law and Litigation categories.

REPRESENTATIVE MATTERS

• Representation of Chief Compliance Officer for registered investment adviser firm in international securities fraud investigation involving billions of dollars in nation state funds laundered from Latin America through major United States securities and financial institutions.
• Representation of Chief Executive Officer for largest residential real estate brokerages in Arizona, Nevada and southern California in antitrust investigation by Department of Justice for alleged Sherman Act violations, with parallel multi-billion dollar class actions in Western District of Missouri and Northern District of Illinois.
• Representation of American accounting firm in multi-billion dollar international financial crimes investigation with parallel public corruption prosecution of business executives and former United States Congressman.
• In Western District of Pennsylvania, representation of online pharmacy in Food, Drug & Cosmetic Act and wire fraud enforcement action following DOJ’s seizure of more than $10,000,000.00 from client bank accounts.
• Representation of Colorado software firm in multi-million dollar federal securities fraud prosecution and FCPA investigation of contract procurement for Somali refugee camps constructed in Kenya.
• In Southern District of Texas, representation of highline automotive dealer in Department of Commerce investigation into its Chinese exporting practices.
• Obtained dismissal of federal and state claims against American lawyer arising from purported defense contractor’s scheme to smuggle firearms and ammunitions arsenal through United Kingdom to cargo vessels off Horn of Africa for U.S. Department of Defense operated anti-piracy missions defending maritime merchants.
• Representation of North Carolina physician and medical practice in Medicaid fraud and medical licensing enforcement action concerning $176 MM in liabilities.
• In multijurisdictional criminal prosecution in Southern District of Texas, Eastern District of Louisiana and Eastern District of North Carolina, representation of Singaporean cargo vessel owner in environmental crimes prosecution for alleged use of “magic pipe” on oily water separator.
• In District of North Dakota, representation of two American physicians in international fentanyl trafficking conspiracy involving illicit manufacturers from Peoples Republic of China operating through Canada; case was first instance of United States government prosecuting fentanyl ring under federal “Kingpin” Statute.
• Representation of North Carolina municipality in environmental regulatory enforcement concerning discharge of “forever chemicals” into state waterways.
• In Eastern District of Pennsylvania, representation of Singaporean shipping conglomerate in maritime compliance investigation by United States Coast Guard.
• Representation of laboratory diagnostic company and its officers in case brought under Eliminating Kickbacks in Recovery Act (EKRA).
• Representation of multiple corporate officers in criminal OSHA investigation following death of employee at poultry processing plant.
• In RICO litigation alleging South Carolina-based law firm’s participation in telemarketing fraud scheme exceeding $1,000,000,000.00, dismissal of claims against client affirmed in 4th Circuit Court of Appeals.
• In federal environmental crimes case, obtained dismissal of claims arising from unlawful disposal and attempted cover-up of hundreds of thousands of gallons of agricultural waste into federally protected waterways.
• In Northern District of Florida, represented defense contractor in prosecution involving Classified Information Procedure Act where client allegedly defrauded United States Air Force.
• In health care fraud investigation and prosecution from District of New Jersey and Northern District of Texas, represented physicians group engaged in telemedicine practice.
• In District of Columbia, represented AMTRAK official in cybercrimes investigation by OIG resulting in no charges filed.
• In federal prosecution of North Carolina business executive for money laundering following decade-long narcotics trafficking investigation, obtained dismissal of most serious charges and probationary sentence for client.
• In prosecution of prominent North Carolina businessman and community leader for alleged sexual offenses against minor at his own corporate-hosted event, quickly settled civil disputes to mitigate future business losses and end widely-disruptive street protests outside client’s business establishments.
• Represented Durham County, North Carolina District Attorney in public official removal proceedings.
• Represented skilled nursing facility administrator in criminal neglect investigation involving alleged mistreatment of quadriplegic resident resulting in no charges filed.
• Represented psychology clinic in criminal investigation involving alleged sexual assaults of minor patient resulting in no charges filed.
• Not guilty verdict for pulmonologist charged with assault in clinic.
• Represented hospice facility in internal investigation and criminal prosecution involving various crimes committed on campus.
• In multi-million dollar fraud case against real estate attorney, obtained dismissal and affirmed through North Carolina Supreme Court involving “quasi-judicial immunity” defense.
• In first degree rape of a child trial, obtained dismissal of all charges and set case law precedent in North Carolina Supreme Court on psychologists’ expert testimony concerning “repressed memory theory.”

PRACTICE AREAS

• Anti-Money Laundering
• Antitrust
• Bank Secrecy Act
• Campaign Finance
• Civil Investigative Demands (CIDs)
• Commodities Futures Trading Commission (CFTC) Regulation
• Congressional & State Legislature Investigations
• Corporate Internal Investigations
• Cross-Border Investigations & Prosecutions
• Customs and Border Protection Investigations
• Dodd Frank Act & Sarbanes Oxley (SOX)
• Economic Espionage
• Election Fraud
• Environmental Protection Agency (EPA) Regulation
• False Claims Act
• Federal Election Commission (FEC) Investigations
• Federal Trade Commission (FTC) Investigations
• FinCEN
• FINRA
• Food & Drug Administration (FDA) & Life Sciences Regulation
• Foreign Corrupt Practices Act
• Grand Jury Subpoenas
• Health Care Fraud
• Homeland Security Investigations
• IRS Investigations & Tax Fraud
• Maritime Environmental Crimes (Act to Prevent Pollution from Ships & MARPOL)
• Multidistrict Litigation
• Obstruction of Justice
• Port State Control Inspections
• Public Corruption
• Qui Tam Relators & Whistleblowers
• RICO (Organized Crime Conspiracies)
• Stark / Anti-Kickback
• State Attorneys General Investigations
• Securities and Exchange Commission (SEC) Regulation & Securities Fraud
• SEC Office of the Whistleblower