Carolyn McNiven
Carolyn is a 5th generation Californian with deep local roots and a national government enforcement defense practice. Clients rely on Carolyn to handle their most challenging government enforcement problems 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 14-year experience as a federal criminal prosecutor. As a federal prosecutor, Carolyn handled several high-profile corruption prosecutions of federal and state government officials (including a sitting governor and U.S. State Department official) and spearheaded taskforces in the areas of health care fraud, financial fraud, and bankruptcy fraud. She served as a criminal health care fraud coordinator for over 6 years and handled numerous parallel investigations.
As a trial attorney, 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. None of Carolyn’s individual clients who received target letters from federal law enforcement authorities has ever ended up being prosecuted. In several other cases where charges were brought before Carolyn was retained, Carolyn has been able to convince prosecutors to drop all charges with prejudice. In one year, Carolyn convinced federal prosecutors to dismiss three separate indictments and was later awarded the California State Bar Wiley W. Manuel Certificate for that work.
In light of her multidisciplinary health care enforcement background, Carolyn is routinely called upon to represent individuals and companies operating in the health sector (including all types of providers and manufacturers). This representation has included preparing executives to testify before Congress, defending False Claims Act complaints (intervened and non-intervened; federal and state), resolving actual or suspected regulatory violations, self-reporting overpayments, conducting internal investigations, and defending individuals and companies in criminal investigations and prosecutions. Carolyn is known in the False Claims Act defense bar for working well in joint defense teams and employing novel legal arguments. She prides herself on providing clients cost effective representation and, in particular, on developing strategies to seek favorable outcomes while at the same time minimizing legal fees.
In addition to her health sector work, Carolyn counsels companies faced with sensitive legal and practical problems relating to anti-corruption matters, suspected cybercrime, cybersecurity breaches, economic espionage, and more routine financial crimes. 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 for a Fortune 50 company.
Carolyn is active in many professional associations and community organizations and is a sought-after speaker. She currently serves as co-chair of the Rankings Initiative for the Women’s White Collar Defense Association (WWCDA) and as a board member of the Bay Area Council (BAC), the Head-Royce School Alumni Board, and the Berkeley Architectural Heritage Association (BAHA).