Profile
Michael M. Besser defends companies, executives, and individuals when the government comes calling. He concentrates on white collar criminal defense, government and internal investigations, and regulatory enforcement, guiding clients from the first grand jury subpoena, civil investigative demand, or regulatory inquiry through internal investigation, charging decisions, and, where necessary, trial and appeal.
Michael has defended clients before the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and other federal and state authorities in matters involving securities fraud, the False Claims Act, health care fraud, tax fraud, antitrust, and trade secrets. He has obtained the dismissal of an SEC securities fraud complaint, the dismissal of a DOJ grand jury subpoena issued to a publicly traded company, and a sentence far below the advisory guidelines, with no restitution, in a $15 million health care fraud case. Michael also counsels companies on regulatory risk before a problem becomes an investigation, and his commercial litigation practice in Texas state and federal courts positions him to help defend parallel civil and criminal exposure on a coordinated front.
A former Teach For America corps member who taught history and special education, Michael has experience distilling complicated facts into a persuasive story for regulators, judges, and juries, and meeting clients navigating the most difficult chapter of their lives with compassion, patience, and candor. He maintains an active pro bono practice focused on appellate representation in death penalty cases.
Concentrations
- White Collar Criminal Defense
- False Claims Act Litigation
- SEC Enforcement Defense
- Texas Securities Act Litigation
- Government & Internal Investigations
- Antitrust
- Grand Jury Investigations & Subpoena Responses
- Trade Secret Litigation
- Health Care Fraud
- Tax Fraud
- FINRA Enforcement Defense
Capabilities
Experience
- Won arbitration on behalf of client that had nearly $500,000 wrongfully withheld from him during the sale of his business.°
- Petitioned the Fifth Circuit Court of Appeals to review District Court denial of a motion for reduction of criminal sentence due to substantial cooperation.°
- Obtained no-action letter from the Securities and Exchange Commission for cryptocurrency developer than had assisted with technical development of a token offering.°
- Assisted non-profit with referring a criminal matter to law enforcement for former employee embezzlement.°
- Defended registered broker-dealer being investigated by FINRA for an alleged failure to properly disclose outside business activity.
- Obtained early termination of federal probation for client.
- Obtained sentence significantly below guidelines with no restitution award in $15 million health care fraud case.
- Obtained dismissal of SEC complaint against company alleging violations of federal securities fraud.
- Obtained dismissal of DOJ grand jury subpoena issued to publicly traded company for alleged violations of criminal import-export laws.
- Negotiated end of criminal investigation into physician alleged to have committed tax fraud.
- Won summary judgment in commercial litigation case on behalf of a commercial landlord.
- Obtained dismissal of private securities class action lawsuit brought against former executives of public company.
- Won motion on behalf of client under receivership preventing sale of property and family heirlooms.
°The above representations were handled by Mr. Besser prior to his joining Greenberg Traurig, LLP.
- Teacher, KIPP Austin Public Schools, 2012-2014, History and Special Education
- Teacher, W.A. Todd Junior High, 2010-2012, World History, Geography & Special Education
Recognition & Leadership
- Listed, Super Lawyers Magazine, Texas Super Lawyers, "Rising Stars," 2023-2025
- Board Member, Big Brothers Big Sisters of Greater Dallas, 2026-Present
- Member, Dallas Bar Association
- Co-Chair, Criminal Law Section, 2024
- Member, Dallas Association of Young Attorneys
- Alumnus, Teach for America, 2010-2012
Credentials
-
J.D., University of California, Berkeley School of Law (Boalt Hall), 2017
- Managing Editor, Berkeley Journal of Criminal Law
- B.A., magna cum laude, University of Maryland, College Park, 2010
- Texas
- U.S. District Court for the District of Colorado
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Eastern District of Texas