Gene Besen is highly experienced at handling investigations, civil enforcement proceedings, and criminal proceedings brought by the U.S. Department of Justice and U.S. Securities and Exchange Commission.
He represents the firm’s healthcare clients in connection with criminal prosecutions of individuals and corporations accused of healthcare fraud, and has defended numerous healthcare clients under investigation by the Justice Department and the Office of Inspector General of the Department of Health and Human Services. He regularly represents clients in connection with investigations by the U.S. Securities & Exchange Commission (SEC), Financial Industry Regulatory Authority (FINRA), and the Texas State Securities Board and related criminal investigations by the Department of Justice (DOJ). Gene has conducted numerous internal investigations on behalf of companies as well as audit committees.
He also has extensive experience with the False Claims Act and commercial litigation matters, including representing hospitals, physicians, pharmacies, laboratories, pharmaceutical corporations, financial institutions, hedge funds and utilities in all phases of litigation.
- Representing a laboratory, and its principal, in parallel civil and criminal investigations related to allegations of illegal kickbacks and Medicare fraud.
- Conducting an internal investigation into illegal kickback and billing fraud allegations on behalf of a large Houston-based healthcare company.
- Representing a healthcare marketing company in connection to an investigation conducted by the Justice Department and the Office of Inspector General of the Department of Health and Human Services.
- Representing the CEO of a Dallas-based energy company accused of perpetrating a US$500 million offering fraud in a civil action filed by the SEC and a related investigation by the U.S. DOJ.
- Representing an executive at a medical device company following his indictment on charges of mail, wire and securities fraud in connection with an alleged US$400 million accounting fraud scheme.
- Representing a Dallas entrepreneur in connection with parallel proceedings initiated by the SEC and the DOJ in connection with his alleged involvement in the issuance of false press releases by several public companies.
- Served as lead counsel in a successful summer 2017 criminal insider trading trial arising from the 2012 acquisition of Shaw Group, Inc.
- Successfully represented a global manufacturer in connection with a Grand Jury Subpoena and related DOJ investigation into allegations of price fixing. Conducted internal investigation and deterred U.S. prosecution of the allegations.
- Successfully represented a global healthcare company in connection with allegations that it violated the Foreign Corrupt Practices Act in connection with securing a business in Brazil. Led internal investigation into allegations of improper payments.
- Successfully represented a Dallas-based private equity advisor in connection with multiple ongoing investigations by the SEC, DOJ and state attorneys general into allegations of "pay-to-play," in connection with obtaining and maintaining business from public pension funds in California, New York and New Mexico.
- Successfully represented the principal of a large Houston-based hedge fund in connection with a SEC insider trading investigation alleging ill-gotten gains in excess of US$20 million.
- Successfully represented a major Texas political figure in connection with his settlement with the Texas State Securities Board.
- Representing a laboratory, and its principal, in claims asserted by the Department of Justice pursuant to the False Claims Act, as wells as CMS proceedings initiated by the Office of Inspector General of the Department of Health and Human Services.
- Representing medical practice in connection with False Claims Act litigation alleging that certain medical procedures were performed without the requisite medical necessity and Medicare fraud in connection with the billing for those procedures.
- Representing physicians in connection with Bankruptcy Trustee’s claims seeking to recover alleged illegal kickback payments.
- Successfully represented seven Major League Baseball players in recovering in excess of US$139 million from the receivership estate of the Stanford Financial Group, and successfully defeated the Stanford receiver’s fraudulent transfer claims seeking to claw back in excess of US$9 million from the players. Janvey v. Adams, et al., 588 F.3d 831 (5th Cir. 2009).
- Successfully represented a national hospital chain in connection with litigation brought under the False Claims Act by the U.S. Attorney’s Office for the Eastern District of Oklahoma.
- Represented multiple pharmaceutical companies in False Claims Act litigation brought by the Attorney General of the State of Texas related to drug pricing and drug marketing.
- Obtained a summary judgment on behalf of JPMorgan and LifeCare Hospitals against fraud claims asserted by Highland Capital Management over an amendment to a US$250 million credit agreement. Highland Crusader Offshore Partners, L.P., et al v. LifeCare Holdings, Inc., et al, 2009 WL 1065212 (N.D. Tex. Apr. 21, 2009) affirmed 2010 WL 1849293 (5th Cir. May 10, 2010).
- Represented multiple pharmaceutical companies in average wholesale pricing litigation, brought by numerous state attorneys general, asserting claims including fraud, false advertising and violations of state consumer protection laws.
- Served as co-lead counsel for Global Gaming Solutions, LLC, in connection with ongoing litigation arising from the failed acquisition of two casinos out of bankruptcy.
- Represented Schering-Plough in connection with the defense and prosecution of a Lanham Act trade dress infringement action involving its Coppertone sunscreen brand. Obtained a successful out-of-court settlement with the manufacturer of generic sunscreen for a major worldwide retailer.
- Served as co-lead counsel representing Hudson City Savings Bank against the Securities Investor Protection Corporation (SIPC) trustee for Lehman Brothers, Inc., in connection with its claim for the return of more than US$100 million of securities held by Lehman Brothers pursuant to an open repurchase transaction on the date Lehman Brothers filed for bankruptcy.
Professional Activities, Memberships & Affiliations
- Dallas Bar Association
- State Bar of Texas
- American Bar Association
- Selected as a Best Lawyer in Dallas by D Magazine (2018)
- Named a Rising Star by Texas Super Lawyers (a Thomson Reuters company) as published in Texas Monthly (2011 - 2018)