Carolyn Fitzhugh McNiven

Carolyn Fitzhugh McNiven

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Clients bring their most serious government enforcement problems to Carolyn McNiven because she is a strong client advocate, whether the matter is criminal, civil or both. Carolyn’s understanding of government decision-making is grounded in her long experience as a federal criminal prosecutor in Chicago, where Carolyn handled the most complex and sensitive white collar investigations including several high-profile prosecutions of sitting state and federal officials and corporate executives. She established and led Chicago’s health-care fraud task force, and has a deep familiarity with how the federal and state enforcement authorities analyze civil and criminal health-care matters.

As a trial attorney with a strong winning record, Carolyn is not afraid to take a case to trial where appropriate. Although Carolyn enjoys trying cases, she is particularly skilled at negotiating with enforcement authorities before charging decisions are made to optimize outcomes for her clients. While in private practice, Carolyn has represented both individuals and companies facing government enforcement action. In one year, Carolyn convinced federal prosecutors to dismiss three separate indictments. In light of her multidisciplinary health-care enforcement background, Carolyn is routinely called upon to defend individuals and companies operating in the health-care sector (providers and manufacturers), who are under criminal inquiry or may be facing a civil (False Claims Act) action.

Carolyn also counsels companies faced with sensitive legal and practical problems relating to suspected cybercrime, cybersecurity breaches, economic espionage, health-care regulatory breaches, and anti-corruption matters. Carolyn has experience in designing and operating corporate compliance programs, particularly those operating in challenging international environments, such as India, where she has spent significant time supervising compliance matters.

Concentrations

  • White Collar Criminal Defense
  • Health Care Enforcement Defense
  • Foreign Corrupt Practices Act and Anti-Bribery and Corruption Enforcement Defense
  • False Claims Act Defense
  • Cybersecurity, Cybercrime, and Economic Espionage
  • Financial Crimes
  • Complex Litigation
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Expertise

Erfahrung

  • Convinced federal prosecutors not to indict target of $185 million federal health-care fraud investigation.
  • Obtained non-target letters for numerous individuals and companies in federal health-care fraud investigations, including large national hospital system that allegedly submitted fraudulent Medicare claims.
  • Obtained dismissal of three federal criminal indictments for three different defendants in one year based on little-known health-care law.
  • Resolved federal and state criminal and civil matters favorably for medical transportation company executive who faced criminal charges and permanent exclusion.
  • Represent large retail pharmacy chain in multiple drug discount pricing investigations.
  • Obtained dismissal of California False Claims Act matter for regional pharmacy.
  • Settled multiple state and federal False Claims Act matters for clients on terms very favorable to clients, including matters concerning non-emergency transportation, prescription drug pricing, and unnecessary services.
  • Represented a prominent national health-care compliance firm in connection with U.S. Department of Justice (Fraud Section) health-care fraud investigation.
  • Provided health-care compliance, claims reimbursement, Anti-Kickback, Food Drug and Cosmetic Act (FDCA) and self-disclosure advice for a variety of health sector clients, including hospital systems, pharmaceutical and medical device clients.
  • Work with in-house team to develop legislative and regulatory strategy for large pharmaceutical manufacturer concerning discounts for high-cost drugs.°
  • Advised multiple public companies under U.S. Department of Justice and SEC investigation on global anti-bribery and corruption compliance.
  • Performed broad rewrite of global anti-bribery and corruption policies and procedures for pharmaceutical company.°
  • Conducted assessment of FCPA compliance unit for major multinational public medical device corporation.°
  • Represented individual targeted in international cybercrime investigation.
  • Represented former bank board member targeted in bank fraud investigation.
  • Represented a foreign executive under indictment in the United States for fraud.
  • Led team investigating public corruption allegations against sitting governor.°

°The above representations were handled by Ms. McNiven prior to her joining Greenberg Traurig, LLP.

Anerkennung durch den Markt

  • Listed, Acritas Stars™ Independently Rated Lawyers, “Star Lawyers,” 2019
  • Law360, White Collar Editorial Board 2016
  • Listed, Euromoney's Expert Guides: Women in Business Law, "Guide to the World's Leading Women in Business Law," 2014-2017
  • Recipient, State Bar of California, Wiley W. Manuel Certificate for Pro Bono Legal Services, 2013
  • Recipient, Federal Bureau of Investigation, Award in Recognition of Work on Operation Board Games (a/k/a U.S. v. Blagojevich et al), 2010
  • Executive Committee Member, Women’s White Collar Defense Association (WWCDA)
  • Board Member, Bay Area Council
  • Member, National Association of Criminal Defense Lawyers (NACDL)
  • Member, American Bar Association, Criminal Justice and Health Law Sections
  • Member, American Health Lawyers Association
  • Member, Health Care Compliance Association (HCCA)
  • Member, California Bar Association
  • Member, Federal Bar Association
  • Member, Illinois Bar Association

Ausbildung

Akademische Ausbildung
  • J.D., University of California at Berkeley School of Law (Boalt Hall), 1991
    • Senior Executive Editor, California Law Review
  • B.A., Fine Arts, cum laude, Amherst College, 1986
Referendariat / Praktika
  • Hon. Paul E. Plunkett, U.S. District Court for the Northern District of Illinois, 1991-1993
Zulassung
  • California
  • Illinois
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Central District of Illinois
Sprache