Patrick M. Mincey

Patrick Mincey is a trial lawyer and trusted advisor in public relations crises.

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 prominent corporations and professionals in their most challenging criminal, civil and regulatory cases— including at jury and bench trials, and on appeal— before federal and state courts throughout the United States and investigative forums around the world.  He regularly advises executives and their boards on corporate governance during high-profile crises.

He has represented clients in prosecutions and investigations by the U.S. Department of Justice, Office of the Director of National Intelligence, the SEC, EPA, FDA, USPS, Departments of State, Homeland Security, Defense, Treasury, Commerce, the National Security Council, Public Company Accounting Oversight Board, numerous Offices of Inspectors General, U.S. bank regulators, and their international counterparts on 6 different continents.

Mr. Mincey has experience in numerous cases where criminal and civil exposure reaches billions of dollars, and he is routinely involved in prosecutions where individuals face decades of imprisonment.  His clients include a diverse group of professionals and c-suite executives, international conglomerates, private and Fortune 100 companies, securities and real estate brokerages, accounting, investment and law firms, and registered advisers.  His clients operate in disparate industries, ranging from international finance and trade to defense, energy, agriculture, real estate development, health care and education.

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

Complex Business Litigation & Regulatory Enforcement

Mr. Mincey represents clients in matters concerning international finance and securities fraud, the False Claims Act, Anti-Money Laundering Act, Foreign Corrupt Practices Act, Sherman Act, Stark Law / Anti-Kickback and health care compliance, antitrust, environmental regulation, Treasury Department sanctions, cryptocurrency, class actions, financial and sexual employment misconduct, RICO, 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 represents select qui tam relators and other whistleblowers under the False Claims Act, the Securities and Exchange Commission’s Office of the Whistleblower, FinCEN / Anti-Money Laundering Act, and related federal programs.

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.  These include The Wall Street Journal, Financial Times, Bloomberg, El País, Times of London, Miami Herald, Washington Post, New York Times, Forbes, The New Yorker, Le Figaro, La Nación, Los Angeles Times, Chicago Tribune, The Guardian, The Indian Express, Politico, Columbia Journalism Review, Newsweek, Law360, ABA Journal, National Law Review, U.S. News & World Report, BBC, 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 international 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 clients navigating federal grand jury subpoenas, civil investigative demands and regulatory investigations.  He has extensive experience guiding large legal teams comprised of dozens of attorneys on internal investigations involving fraud or other employment-related misconduct, including under the False Claims Act and other government whistleblower programs.

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 and hunter, Mr. Mincey and his family enjoy sailing in Down East Maine during the summer and, in cooler months, wing shooting at their Georgia family farm.  They reside on the North Carolina coast where he likes to paddleboard and fly fish the inland skinny waters.

Leadership, Honors & Awards

In 2021, Mr. Mincey was appointed to a four-year term on the North Carolina Advisory Committee for the United States Commission on Civil Rights.  The Commission is a bipartisan, independent body that investigates, reports on and makes recommendations to, the President of the United States and Congress concerning pressing civil rights issues of our time.

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

• American Bar Foundation, Fellow since 2019
• Benchmark Litigation, White Collar Crime — 2019, 2020
• Business North Carolina, Legal Elite in Criminal Law — 2018-2022
• Business North Carolina, Legal Elite in Litigation — 2021*
• Martindale Hubbell—AV Preeminent Rating since 2016
• North Carolina Super Lawyers, White Collar Criminal Defense — 2018-2021

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

SELECTED REPRESENTATIVE MATTERS

Selected Matters: International Investigations, Enforcement & Prosecutions

• Representation of whistleblower Mark Coffey, former registered investment advisory chief compliance officer who exposed alleged $ 2 billion international conspiracy to launder money from Petróleos de Venezuela, S.A. (PDVSA) through major U.S. financial, accounting and credit rating firms.
• Representation concerning investigation into American organization allegedly facilitating illicit Latin American gold mining, Turkish cryptocurrency exchange and Russian-backed weapons smuggling and narcotrafficking operations through the African Maghreb.
• Representation concerning investigation into international money-launder-for hire network allegedly facilitating funding for narcotrafficking of cocaine precursor chemicals from China and Cameroon to Latin America.
• In Western District of Pennsylvania, obtained probationary sentence and return of more than $3,000,000 seized by DOJ for owner of dietary supplement firm in Food, Drug & Cosmetic Act in case concerning supplements imported from southeast Asia and China.
• In multijurisdictional federal and state investigation concerning alleged securities and tax fraud, representation of Chief Executive Officer for renewable energy biogas company operating in United States and Ukraine.
• Obtained dismissal of federal and state claims against American lawyer arising from defense contractor’s scheme to smuggle firearms and ammunitions arsenal through United Kingdom to cargo vessels off Somalia and Horn of Africa for U.S. Department of Defense anti-piracy missions defending maritime merchants.
• In United Kingdom, representation of world-renowned photographer David Alan Harvey in #MeToo investigation at Magnum Photos.
• 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.
• 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 resulting in no charges filed.
• In Southern District of Texas, representation of highline automotive dealer in Department of Commerce investigation into its Chinese exporting practices resulting in no charges filed.

Selected Matters: Domestic Investigations, Enforcement & Prosecutions

• 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 Northern District of Illinois and Western District of Missouri.
• In Western District of North Carolina, representation of accounting firm in multi-billion dollar financial crimes investigation with parallel public corruption prosecution of business executives and former United States Congressman.
• In Northern District of Illinois and Eastern District of Tennessee, representation of national retailer in criminal antitrust grand jury investigation concerning alleged manipulation of Amazon Marketplace.
• Representation of North Carolina physician and medical practice in Medicaid fraud and medical licensing enforcement action concerning $176,000,000 in liabilities.
• In Northern District of California, representation of accounting firm in investigation concerning financial fraud in religious organization leadership exceeding $10,000,000.
• In District of Columbia, representation of client concerning the events of January 6, 2021 at the United States Capitol Building and the election of the President of the United States.
• In North Carolina, representation of multiple corporate officers in criminal OSHA investigation following death of employee at poultry processing plant.
• In District of North Dakota, representation of two American physicians in international fentanyl trafficking conspiracy involving illicit manufacturers from China operating through Canada; case was first instance of United States government prosecuting fentanyl ring under federal “Kingpin” Statute.
• In Eastern District of Pennsylvania, representation of Singaporean shipping conglomerate in maritime compliance investigation by United States Coast Guard.
• Representation of registered investment advisor in SEC investigation concerning alleged insider trading at publicly traded cannabis company.
• In Eastern District of North Carolina, 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 Eastern District of North Carolina, representation of addiction treatment center in False Claim Act investigation and litigation concerning alleged qui tam relator retaliation involving Department of Housing and Urban Development funding.
• In Northern District of Florida, represented defense contractor in prosecution involving Classified Information Procedure Act where client allegedly defrauded United States Air Force.
• Representation in corporate internal investigation of alleged sexual misconduct by Major League Baseball Hall of Fame member.
• 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 corporate-hosted event, quickly settled civil disputes to mitigate future business losses and end adverse media and widely-disruptive street protests outside client’s business establishments.
• 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.

Selected Matters: Complex Business & Regulatory Litigation

• Representation of North Carolina municipality in environmental regulatory enforcement, agency rulemaking and legislative proceedings concerning discharge of carcinogenic “forever chemical” into state and federal waterways allegedly impacting drinking supply for nearly 1 million downstream users.
• In Eastern District of North Carolina, representation of international real estate and construction conglomerate in class action lawsuit concerning on-base housing at United States Marine Corps Base Camp Lejeune.
• In Eastern District of North Carolina, representation of large health care provider in litigation concerning alleged False Claims Act retaliation.
• In RICO litigation alleging South Carolina-based law firm’s participation in telemarketing fraud scheme exceeding $1 billion, dismissal of claims against client affirmed in 4th Circuit Court of Appeals.

Selected Matters: Representation in Novel Matters & Cases of First Impression

• In multi-million dollar fraud case against real estate attorney, obtained dismissal and affirmed through North Carolina Supreme Court involving “quasi-judicial immunity” defense.
• Represented Durham County, North Carolina District Attorney in public official removal proceedings.
• 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
• Anti-Money Laundering Act (AMLA) Whistleblower Program
• Antiterrorism
• Antitrust
• Act to Prevent Pollution from Ships (APPS)
• Bank Secrecy Act
• Campaign Finance
• Civil Investigative Demands (CIDs)
• Class Actions
• Commodities Futures Trading Commission (CFTC) Regulation
• Congressional & State Legislature Investigations
• Corporate Internal Investigations
• Cross-Border Investigations & Prosecutions
• Cryptocurrency Regulation
• Customs and Border Protection Investigations
• Directors & Officers Liability
• Dodd Frank Act
• Economic Espionage
• Economic Sanctions
• Election Fraud
• Employment Misconduct
• Environmental Protection Agency (EPA) Regulation & Enforcement
• False Claims Act (FCA)
• Federal Election Commission (FEC) Investigations
• Federal Trade Commission (FTC) Investigations
• Financial Crimes Enforcement Network (FinCEN)
• FINRA
• Food & Drug Administration (FDA) & Life Sciences Regulation
• Foreign Corrupt Practices Act (FCPA)
• Grand Jury Subpoenas
• Health Care Fraud
• Homeland Security Investigations
• Insider Trading
• Internal Revenue Service (IRS) Investigations & Tax Enforcement
• Kleptocratic Enforcement / Task Force KleptoCapture
• Law Firm Defense
• Mail Fraud
• Maritime Environmental Enforcement
• International Convention for the Prevention of Pollution from Ships (MARPOL)
• #MeToo Misconduct
• Money Laundering
• Multidistrict Litigation
• Obstruction of Justice
• Office of Foreign Asset Control (OFAC)
• Patriot Act
• Port State Control Inspections
• Public Corruption
• Public Company Accounting Oversight Board (PCAOB)
• Qui Tam Relators & Whistleblowers
• Racketeering and Organized Crime Conspiracies (RICO)
• Sarbanes Oxley Act (SOX)
• Sexual Misconduct
• Sherman Act
• Stark Law / Anti-Kickback (AKS)
• State Attorneys General Investigations
• Securities and Exchange Commission (SEC) Regulation & Securities Enforcement
• SEC Office of the Whistleblower
• Tax Enforcement
• United States Housing and Urban Development Department
• United States Postal Service Investigations (USPS)
• United States Treasury Department Enforcement
• Unregistered Securities Fraud
• Wire Fraud