GeneR.
Besen

Partner
Gene Besen

Overview

Gene Besen is an experienced trial lawyer who advises clients nationwide on their most sensitive and high-profile matters, including government investigations, civil enforcement actions, bet-the-company litigation and criminal proceedings. He has handled dozens of high-profile investigations and taken numerous trials to jury verdict.

Representing clients in a wide range of matters, Gene has represented corporations, executives, entrepreneurs and nonprofit organizations facing government investigations alleging impropriety, conflicts of interest and fraud. He also advises on related and parallel complex commercial disputes.

With a focus on the needs of individuals and organizations in the healthcare, financial services and private equity sectors, Gene brings a solid track record of success in helping clients across industries avoid and mitigate scrutiny related to allegations of impropriety. Gene has guided clients to favorable outcomes in investigations brought by the:

  • U.S. Department of Justice (DOJ)
  • Securities and Exchange Commission (SEC)
  • U.S. House of Representatives Judiciary Committee
  • U.S. House of Representatives Homeland Security Committee
  • U.S. Senate Financial Services Committee
  • U.S. Senate Armed Services Committee

In addition to his investigations practice, Gene has extensive experience representing clients in acute criminal investigations and is often retained in the midst of a crisis. Beyond legal counsel, he helps clients steady themselves, stay the course and move forward with confidence. From the outset of every engagement, he works to shape the story presented to boards, audit committees, Congress and government investigators—and then meticulously builds a narrative enhanced by the strength of his advocacy. Clients value this blend of empathy and strategy, knowing he combines the emotional intelligence to guide them through crisis with the discipline and resolve to fight when necessary.

In his free time, Gene balances family life and community engagement. Whether spending time with his wife and children, watching soccer or Dallas hockey, or lending a hand to local causes, he values connection and contribution.

Experience

Healthcare

  • Obtained dismissal of a felony indictment sought by Department of Justice Healthcare Fraud Strikeforce on behalf of a healthcare entrepreneur following discovery of government misconduct during the pendency of the underlying investigation leading to the indictment.
  • Successfully guided a healthcare marketing company through three different DOJ investigations into alleged violations of the Anti-Kickback Statute, U.S. Travel Act, by defending various physician investment models to U.S. Attorney’s offices around the country.
  • Obtained a misdemeanor plea on the eve of trial for physician client facing a three count felony indictment for alleged Anti-Kickback Statute violations arising from the clients’ purported involvement with a compounding pharmacy.
  • Tried an eight-week federal healthcare fraud case in the Eastern District of Texas on behalf of laboratory sales representative facing allegations he conspired to violate the Anti-Kickback Statute.
  • Successfully represented and avoided all charges for a client physician in an investigation by Department of Justice Healthcare Fraud Strikeforce in connection with allegations of fraud and violations of the Anti-Kickback Statute relating to client’s service as medical director, purported ownership, and purported involvement with multiple pharmacies and laboratories.
  • Successfully represented a healthcare marketing and laboratory services company avoiding criminal proceedings initiated by the U.S. Attorney’s Office for the Eastern District of Texas in connection with allegations of violations of the Anti-Kickback Statute relating to relationships with certain rural critical access hospitals.

Congressional Investigations

  • Successfully guided Washington D.C. based foreign policy think tank through investigations conducted by the House Judiciary and House Homeland Security Committees related to involvement with the Election Integrity Partnership acting to flag mis and dis-information in the lead up to the 2020 election.
  • Successfully guided California-based credit union through investigations conducted by Senate Banking, Housing, and Urban Affairs and Senate Armed Services Committees arising from overdraft charges and insufficient funds fees charged to newly enlisted U.S. Marines.
  • Ongoing representation of major trade association in connection with an ongoing investigation by the House Judiciary Committee into possible antitrust violations and censorship concerns.

Securities, FCPA, Antitrust, Other White Collar

  • Represented a COO and general counsel of a Dallas-based REIT in connection with alleged accounting and offering frauds and successfully navigated parallel SEC and DOJ investigations without any charges.
  • Represented major industrial manufacturing company in connection with the largest ICE immigration raid in over a decade (over 100 federal agents and more than 200 employees detained), including successfully guiding company and lead executives to resolution of the criminal immigration investigation with a non-prosecution agreement and only misdemeanor charges.
  • Represented a major industrial manufacturer in connection with allegations of corrupt payments in Russia and Ukraine. Conducted an internal investigation into possible violations of the FCPA and UK Bribery Act in Russia, Ukraine, Europe and Latin America. Advise the board of directors on self-reporting considerations and concluded the matter without any charges filed.
  • 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.
  • Represent a California-based private equity firm and its principal in connection with an ongoing SEC investigation into an alleged real estate investment fraud.
  • 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 a global auto-parts manufacturer in connection with a grand jury subpoena and related DOJ investigation into allegations of price fixing. Conducted an internal investigation and avoided U.S. prosecution of the allegations.
  • Successfully represented the CEO of a Dallas-based energy company accused of perpetrating a $500 million offering fraud in parallel SEC and DOJ investigations, obtaining favorable resolutions with both SEC and DOJ.
  • 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 $20 million.

Civil and False Claims Act Litigation

  • Represent 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.
  • Successfully settled a False Claims Act investigation in the Southern District of Texas into an ASC and medical practice litigation alleging that certain medical procedures were fraudulent and performed without the requisite medical necessity.
  • 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.
  • 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, including in West Virginia, Missouri, Mississippi and Alabama.
Credentials
Education

J.D., Southern Methodist University Dedman School of Law, 2004

B.A., Brandeis University, 2001

Admissions

Texas

United States Court of Appeals, 5th Circuit

United States District Court, Eastern District of Texas

United States District Court, Northern District of Texas

United States District Court, Southern District of Texas

United States District Court, Western District of Texas

United States District Court, Western District of Michigan

Honors

Leading U.S. Litigator, Lawdragon, 2026

Litigation: White-Collar Crime & Government Investigations, Chambers USA, 2021-2025

Commercial Litigation, Lawdragon 500 Leading Litigators in America, 2023, 2024, 2025

Criminal Defense: White-Collar, The Best Lawyers in America, 2021-2026

Listed in Texas Super Lawyers, 2022-2025

“Rising Stars,” Texas Super Lawyers, 2011-2019

Best Lawyers in Dallas, D Magazine, 2018-2019, 2023-2025

D500, 500 Most influential business leaders in Dallas, D Magazine, 2023, 2024

Managing Partner of the Year, Finalist, Texas Legal Awards, 2024

Gene Bensen - Chambers 2025
Memberships

Dallas Bar Association

State Bar of Texas

American Bar Association

Thought Leadership

"The Biden Administration’s Environmental Enforcement Agenda," 2021 Earth Month Webinar Series, April 22, 2021

"The Balancing Act: Trade Associations & Antitrust Laws," Leading Builders of America, May 24, 2018

"EB-5 Enforcement on the Uptick," Texas Lawyer, March 18, 2021

"Telehealth Enforcement: Is It the Next Big Thing?," Law Journal Newsletters' Business Crimes Bulletin, March 1, 2021

"HHS Alert Is Pharma's Guide To Mitigating Anti-Kickback Risk," Law360, December 9, 2020

"Anti-Poaching and Wage-Fixing Agreements: Drawing the Line Between Competitive and Criminal," Build Houston, August 1, 2018

"The Main Chorus: Accountability," Texas Lawyer, July 5, 2016