Erica Benites Giese
Practice Areas
Experience
- Employment & Governmental Investigations
- Export Controls Enforcement
- Financial Institution Litigation
- Global Anti-Corruption Compliance and Defense
- Global Corporate Victim Advocacy
- Government Contracts & Procurement
- Healthcare Fraud & Abuse
- Investigations & White Collar Defense
- Securities Enforcement
- Special Investigations
“Erica Benites Giese is noted for her strong performance in white-collar investigations and trials. She has built an impressive practice representing clients in matters ranging from healthcare fraud, bank fraud, and government contracts fraud. 'Erica is the cream of the crop,' one source commented. 'Her knowledge of the law, ability to placate client concerns, and the respect she commands from the government is beyond impressive.' Another interviewee stated, 'Given her deep experience, she is becoming a real go-to in the market.'”
— Chambers USA Guide, 2023
Biography
Erica Giese is an attorney renowned for her expertise in handling complex civil and criminal white collar matters, state and federal government investigations, internal investigations, business victim advocacy, and developing risk mitigation strategies. With a practice focused on providing comprehensive legal services to a broad spectrum of clients, Erica brings a unique perspective to clients in heavily regulated and targeted industries such as banking, healthcare, government contracting, securities and energy. If clients finds themselves in the government’s crosshairs, Erica handles sensitive government investigations and defends clients in complex criminal and civil litigation.
Erica’s tenure as a federal prosecutor and management level attorney at the Department of Justice saw her tackling a wide spectrum of issues, including wire, healthcare, securities, and procurement fraud, public corruption, worksite enforcement, RICO, forfeiture, and crisis response. As a civil practitioner, she also handled government investigations of whistleblower claims (including Qui Tam lawsuits pursuant to the federal False Claims Act). This diverse experience has equipped her with a comprehensive understanding of legal nuances which translates to a meticulous and efficient work product.
With an impressive legal career spanning both public and private sectors, and a background as a Certified Fraud Examiner, Erica helps clients make the right decisions in mitigating and managing risk to their bottom line. Her ability to identify potential issues and dissect and evaluate intricate financial transactions has yielded favorable outcomes for her clients time and again. Her significant capabilities and efficiencies in responding to grand jury subpoenas and civil investigative demands is unmatched. Whether representing corporations, executives, or individuals, Erica’s approach as a trusted advisor remains rooted in a deep understanding of her clients’ desired outcomes.
Chambers USA noted “Erica Benites Giese is noted for her strong performance in white-collar investigations and trials. She has built an impressive practice representing clients in matters ranging from healthcare fraud, bank fraud and government contracts fraud.”
With more than 20 years of experience, over 100 trials, and a keen ability to navigate both federal and state courts, Erica’s advocacy and negotiating skills have led to tremendously successful outcomes for her clients, including securing dismissals and governmental decisions not to proceed with charges. Should cases proceed to trial, Erica has a long track record of success trying cases in federal and state courts.
Erica is an active member of the Hispanic National Bar Association and serves on several court appointed committees including the Criminal Justice Act Panel Committee, the San Antonio Bar Association Federal Courts Committee, and the Western District of Texas Admissions Committee. Outside of her profession, Erica focuses on family which includes her husband of almost 20 years, two teenage daughters, two dogs and a cat.
Additional Languages
Spanish
Education
B.A., The University of Texas
M.S., Texas State University
J.D., St. Mary’s University School of Law
- Editor, The Scholar: St. Mary’s Law Review on Minority Issues
- Student Attorney and Research Assistant, Center for Legal and Social Justice
Bar Admissions
Texas
Court Admissions
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern, Northern, Southern, and Western Districts of Texas
- Secured closure of DOJ Antitrust Division and U.S. Attorney’s Office investigation for a technology-sector client, with no charges filed and all subpoenas lifted.
- Represented a defendant in a complex federal healthcare fraud case, which resulted in a sentence of probation and approval of our proposed restitution amount.
- Represented a national operator of acute care hospitals in its response to administrative subpoenas for records concerning a state application, which resulted in a favorable outcome for the client.
- Represented a defendant in a multi-defendant and multi-jurisdiction federal qui tam/whistleblower matter, which resulted in a dismissal of allegations against client.
- Represented a client in a civil DTPA investigation by the Texas Attorney General’s Office, which resulted in a dismissal of the complaint.
- Represented an individual in an indictment by the Texas State Securities Board in connection with an alleged oil and gas investment fraud scheme, which resulted in a dismissal with prejudice for being time-barred under the five-year statute of limitations.
- Represented a national property appraisal firm in an embezzlement case, resulting in the conviction and sentencing of the former office manager who stole over $1.8 million from the firm.
- Represented a defendant in a worksite enforcement investigation, resulting in a dismissal of all allegations by Immigration and Customs Enforcement (ICE).
- Represented a defendant in a copyright infringement matter, resulting in a settlement and dismissal of the complaint.
- Represented a client in an inquiry from the Department of Justice, resulting in client not viewed as a target.
- Counseled non-profit organization during an internal investigation involving allegations of sexual assault.
- Represented a defendant in a business dispute, which resulted in a favorable settlement for no damages or fees.
- Represented a defendant in a business dispute with fraud allegations. Reached a settlement with no costs to client, and the matter was dismissed with prejudice.
- Counseled and represented transportation company in employment matter, which resulted in requested action by law enforcement.
- Chambers USA: America’s Leading Lawyers for Business, Ranked for Litigation: White-Collar Crime & Government Investigations – Texas, 2023-2025
- The Best Lawyers in America (Woodward/White Inc.), 2025-2026
- Criminal Defense: General Practice
- Criminal Defense: White-Collar
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2025
- Fellow, San Antonio Bar Foundation, 2023
- Fellow, American Bar Foundation, 2020
- Life Fellow, Texas Bar Foundation, 2019
- “Top Attorneys” List, Criminal Defense, San Antonio Magazine, 2021
- “Best S.A. Lawyers” List, San Antonio Scene, 2019-2024
- Criminal Defense: White Collar
- General Litigation
- Lawdragon 500 Leading Litigators in America, 2023-2026
- “San Antonio’s Outstanding Women in Law,” San Antonio Scene, 2021
- Recipient, EOUSA Director’s Award for Superior Performance as an Assistant United States Attorney – Criminal, 2014
- Recognized, Federal Bar Association inaugural Women in the Law Conference, 2014
Publications
- “DOJ Intensifies Enforcement of Immigration Violations: Adds Trade, Tariff, and Customs Fraud to Crosshairs,” Jackson Walker Insights (September 2025)
- “What to Know About the Department of Justice’s Nationwide Crackdown on Healthcare Fraud,” Jackson Walker Insights (September 2021)
- “Telemedicine Fraud During COVID-19,” Jackson Walker Insights (July 2020)
- “SBA Offers Safe Harbor on PPP Good Faith Certifications of Necessity,” Jackson Walker Insights (May 2020)
- “Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution,” Jackson Walker Insights (May 2019)
- “In Defense of the Family: Maintaining the Parental Rights of Incarcerated Women in Texas,” 3 Scholar 193 (2002)
Speaking Engagements
- Speaker, “Representing the Bad Guy in a Bankruptcy Case,” UT Law CLE Consumer Bankruptcy Practice Conference (July 2024)
- Speaker at Greater San Antonio Ethics & Compliance Roundtable Fall Symposium, St. Mary’s University Greehey School of Business (2022)
- Panelist, “Ethical Issues Facing In-House Counsel,” UT Law CLE’s 8th Annual Government Enforcement Institute (2022)
- Speaker at the Lawtina Network Summit at the St. Mary’s University School of Law (2022)
- Guest, “Price Gouging Issues in the Era of COVID-19,” Jackson Walker Fast Takes Podcast (2020)
- Panelist, “Gun Safety and Mass Violence,” 2019 Interim Legislative Charges: Select Committee on Mass Violence Prevention and Community Safety, Austin, TX (2019)
- Moderator, Bexar County Women’s Bar Association Luncheon, The Intersection of Criminal and Civil Law with Jay Dewald and FBI Agent Charles Arnold (2018)
- Moderator, Hispanic National Bar Association Dallas Latina Leadership Program (2018)
- Guest Lecturer for The Honorable Xavier Rodriguez, U.S. District Court Judge, St. Mary’s Law Discovery Course (2016, 2017)
- Panelist, Hispanic National Bar Association Dallas Latina Leadership Program, SMU Dedman School of Law (2016)
- Panelist, The University of Texas at San Antonio, School of Government Women in the Law Lecture Series (2016)
- Panelist, San Antonio Young Lawyer’s Association, Practitioner’s Conference (2015, 2016)
- Bexar County Women’s Bar Annual Retreat, Notes from the Federal Trenches (2016)
- Panelist, The National Association of Women Judges Color of Justice Program, Texas A&M University at San Antonio (2016)
In the News
- “In FBI probe, Texas AG faces aggressive, ethical prosecutor,” Associated Press News (December 19, 2020)
Professional
- U.S. District Court Admissions Committee, Member, 2018-Present
- Appointed by The Honorable Fred Biery, 2018
- Association of Certified Fraud Examiners, Member, 2018-Present
- Hispanic National Bar Association, Member, 2015-Present
- Compliance and Ethics Section, 2018 – Present
- Mexican American Bar Association – San Antonio Chapter, Member, 2015-Present
- Board Member, 2017
- American Bar Association, Member, 2016-Present
- Women’s White Collar Defense Association – Houston Chapter, Member
- San Antonio Bar Association, Member, 2012-Present
- Federal Courts Committee, 2015-Present
- Federal Bar Association – San Antonio Chapter, Member, 2012-Present
- National District Attorney’s Association Border Prosecutions Course Planning Committee, Advisor, 2012
- State Bar of Texas, Diversity in the Profession Committee, Member, 2010-2013
- Del Rio Association of Federal Lawyers, Member, 2010-2012
- Instructor, Overseas Prosecutorial Development and Training Merida Initiative
- Chiapas, Mexico, 2010
- Cancun, Mexico, 2011
- Federal Bar Association, Member, 2007-Present
Community
- Methodist Healthcare Ministries of South Texas, Inc., Board of Directors, 2024-Present
- Texas State University Development Foundation Leadership Council, 2020
- Meals on Wheels of San Antonio, Secretary for the Executive Board, 2020-Present
- National Charity League, San Antonio Rose Chapter, 2020-Present
Jackson Walker Congratulates 2025 Texas Super Lawyers and Rising Stars
Jackson Walker is pleased to announce the recognition of 75 attorneys by Thomson Reuters’ Super Lawyers in the 2025 “Texas Super Lawyers” list, as well as 66 attorneys as “Texas Rising Stars” for 2025. Each year, less than 5% of attorneys are selected to Super Lawyers and 2.5% to Rising Stars. Selection is based off of peer nominations that are then reviewed by a research team. Each nominee is evaluated on his or her professional accomplishments, peer recognition, and community involvement.
Attorney News • September 18, 2025
DOJ Intensifies Enforcement of Immigration Violations: Adds Trade, Tariff, and Customs Fraud to Crosshairs
By Erica Benites Giese
The Department of Justice (DOJ) has announced a sweeping recalibration of its white-collar enforcement priorities that places trade, tariff, and customs fraud—along with corporate violations of federal immigration law—squarely in the agency’s sights.
Insights • September 16, 2025
Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America for 2026
Jackson Walker is pleased to announce the selection of 36 attorneys to Lawdragon’s 2026 list of the 500 leading litigators in America. This is Lawdragon’s fourth edition of its leading litigators list, recognizing some of America’s top litigation talent.
Attorney News • September 5, 2025
‘The Best Lawyers in America’ Features 350 Jackson Walker Attorneys in 2026 Edition, Including 10 “Lawyers of the Year” and 106 “Ones to Watch”
The Best Lawyers in America, a widely regarded guide to legal excellence, has recognized 350 Jackson Walker attorneys across 87 specialty practice areas in its 2026 edition, including 10 Lawyers of the Year and 106 Ones to Watch.
Attorney News • August 21, 2025
Chambers and Partners Releases 2025 USA Guide Featuring 79 Jackson Walker Attorneys and 28 Ranked Departments
Jackson Walker is pleased to announce that Chambers and Partners has selected 79 attorneys and 28 departments for inclusion in the 2025 edition of the Global and USA guides. Attorneys were ranked across 29 departments, with 4 attorneys listed among multiple areas, 9 ranked nationwide in their respective areas, and 12 recognized for the first time.
Spotlight • June 5, 2025
Jackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker is pleased to announce the selection of 36 attorneys to Lawdragon’s 2025 list of the 500 leading litigators in America. The third edition of this list recognizes America’s top talent in antitrust, financial and securities litigation, intellectual property, commercial litigation, real estate, mergers and acquisitions, cybersecurity, and white collar and investigations.
Attorney News • September 9, 2024
‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”
The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.
Attorney News • August 15, 2024
Erica Benites Giese to Present “Safeguarding Bankruptcy Protections Under a Looming Criminal Investigation” at UT Law CLE’s Consumer Bankruptcy Practice Conference
Jackson Walker partner Erica Benites Giese will present at The University of Texas School of Law’s Consumer Bankruptcy Practice Conference, alongside the Honorable Chief Judge Craig A. Gargotta of the U.S. Bankruptcy Court for the Western District of Texas.
Speaking Engagements • June 21, 2024
Women-Led Investigations & White Collar Group Recognized in Chambers USA Guide
Jackson Walker proudly announces the first-time ranking of the Investigations & White Collar practice group in the Chambers USA Guide. This ranking is anchored by the continued recognition of practice group leader Erica Benites Giese and partner Jennifer S. Freel.
Spotlight • June 6, 2024
Chambers and Partners Releases 2024 USA Guide Featuring 67 Jackson Walker Attorneys and 23 Ranked Departments
Jackson Walker is pleased to announce that Chambers and Partners has selected 67 attorneys and 23 departments for inclusion in the 2024 edition of the Global and USA guides. Attorneys were ranked across 27 departments, with 3 attorneys listed among multiple areas, 8 ranked nationwide in their respective areas, and 15 recognized for the first time.
Spotlight • June 6, 2024
Erica Benites Giese Honors Judge Xavier Rodriguez at Portrait Unveiling Ceremony
At the presentation of the official portrait of U.S. District Judge Xavier Rodriguez on April 12, Jackson Walker partner Erica Benites Giese delivered remarks on behalf of the San Antonio Chapter of the Federal Bar Association.
Attorney News • April 29, 2024
Former Cyber and National Security Prosecutor Joe Magliolo Joins Jackson Walker’s Investigations & White Collar Defense Team
Jackson Walker is pleased to welcome Joe Magliolo as a partner in the Trial & Appellate Litigation practice of the Dallas office. Joining the Investigations & White Collar team, Joe brings distinguished experience as a former Assistant United States Attorney for the Northern District of Texas.
Attorney News • February 19, 2024
‘Scene in S.A.’ Recognizes Jackson Walker Attorneys in 2023 “Best S.A. Lawyers” List
Jackson Walker congratulates the 44 practicing attorneys in the San Antonio office who were included in Scene in S.A.’s 2023 “Best S.A. Lawyers” list. In its 19th year, the “Best S.A. Lawyers” list presents attorneys across 80 distinct practice areas who were nominated by fellow licensed, practicing attorneys of Bexar County.
Attorney News • September 18, 2023
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2023 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 51 attorneys and 17 departments for inclusion in the 2023 edition of the Global and USA guides. Attorneys recognized in the guides were ranked in 19 practice areas, with 4 attorneys listed among multiple areas and 6 named among the top attorneys nationwide in their respective areas.
Spotlight • June 1, 2023
Practice Experience
- Secured closure of DOJ Antitrust Division and U.S. Attorney’s Office investigation for a technology-sector client, with no charges filed and all subpoenas lifted.
- Represented a defendant in a complex federal healthcare fraud case, which resulted in a sentence of probation and approval of our proposed restitution amount.
- Represented a national operator of acute care hospitals in its response to administrative subpoenas for records concerning a state application, which resulted in a favorable outcome for the client.
- Represented a defendant in a multi-defendant and multi-jurisdiction federal qui tam/whistleblower matter, which resulted in a dismissal of allegations against client.
- Represented a client in a civil DTPA investigation by the Texas Attorney General’s Office, which resulted in a dismissal of the complaint.
- Represented an individual in an indictment by the Texas State Securities Board in connection with an alleged oil and gas investment fraud scheme, which resulted in a dismissal with prejudice for being time-barred under the five-year statute of limitations.
- Represented a national property appraisal firm in an embezzlement case, resulting in the conviction and sentencing of the former office manager who stole over $1.8 million from the firm.
- Represented a defendant in a worksite enforcement investigation, resulting in a dismissal of all allegations by Immigration and Customs Enforcement (ICE).
- Represented a defendant in a copyright infringement matter, resulting in a settlement and dismissal of the complaint.
- Represented a client in an inquiry from the Department of Justice, resulting in client not viewed as a target.
- Counseled non-profit organization during an internal investigation involving allegations of sexual assault.
- Represented a defendant in a business dispute, which resulted in a favorable settlement for no damages or fees.
- Represented a defendant in a business dispute with fraud allegations. Reached a settlement with no costs to client, and the matter was dismissed with prejudice.
- Counseled and represented transportation company in employment matter, which resulted in requested action by law enforcement.
Recognition & Accolades
- Chambers USA: America’s Leading Lawyers for Business, Ranked for Litigation: White-Collar Crime & Government Investigations – Texas, 2023-2025
- The Best Lawyers in America (Woodward/White Inc.), 2025-2026
- Criminal Defense: General Practice
- Criminal Defense: White-Collar
- Texas Super Lawyer, Super Lawyers by Thomson Reuters, 2025
- Fellow, San Antonio Bar Foundation, 2023
- Fellow, American Bar Foundation, 2020
- Life Fellow, Texas Bar Foundation, 2019
- “Top Attorneys” List, Criminal Defense, San Antonio Magazine, 2021
- “Best S.A. Lawyers” List, San Antonio Scene, 2019-2024
- Criminal Defense: White Collar
- General Litigation
- Lawdragon 500 Leading Litigators in America, 2023-2026
- “San Antonio’s Outstanding Women in Law,” San Antonio Scene, 2021
- Recipient, EOUSA Director’s Award for Superior Performance as an Assistant United States Attorney – Criminal, 2014
- Recognized, Federal Bar Association inaugural Women in the Law Conference, 2014
Publications & Speeches
Publications
- “DOJ Intensifies Enforcement of Immigration Violations: Adds Trade, Tariff, and Customs Fraud to Crosshairs,” Jackson Walker Insights (September 2025)
- “What to Know About the Department of Justice’s Nationwide Crackdown on Healthcare Fraud,” Jackson Walker Insights (September 2021)
- “Telemedicine Fraud During COVID-19,” Jackson Walker Insights (July 2020)
- “SBA Offers Safe Harbor on PPP Good Faith Certifications of Necessity,” Jackson Walker Insights (May 2020)
- “Opioids, Healthcare Enforcement, and Increased Scrutiny of Corporate Conduct for Criminal Prosecution,” Jackson Walker Insights (May 2019)
- “In Defense of the Family: Maintaining the Parental Rights of Incarcerated Women in Texas,” 3 Scholar 193 (2002)
Speaking Engagements
- Speaker, “Representing the Bad Guy in a Bankruptcy Case,” UT Law CLE Consumer Bankruptcy Practice Conference (July 2024)
- Speaker at Greater San Antonio Ethics & Compliance Roundtable Fall Symposium, St. Mary’s University Greehey School of Business (2022)
- Panelist, “Ethical Issues Facing In-House Counsel,” UT Law CLE’s 8th Annual Government Enforcement Institute (2022)
- Speaker at the Lawtina Network Summit at the St. Mary’s University School of Law (2022)
- Guest, “Price Gouging Issues in the Era of COVID-19,” Jackson Walker Fast Takes Podcast (2020)
- Panelist, “Gun Safety and Mass Violence,” 2019 Interim Legislative Charges: Select Committee on Mass Violence Prevention and Community Safety, Austin, TX (2019)
- Moderator, Bexar County Women’s Bar Association Luncheon, The Intersection of Criminal and Civil Law with Jay Dewald and FBI Agent Charles Arnold (2018)
- Moderator, Hispanic National Bar Association Dallas Latina Leadership Program (2018)
- Guest Lecturer for The Honorable Xavier Rodriguez, U.S. District Court Judge, St. Mary’s Law Discovery Course (2016, 2017)
- Panelist, Hispanic National Bar Association Dallas Latina Leadership Program, SMU Dedman School of Law (2016)
- Panelist, The University of Texas at San Antonio, School of Government Women in the Law Lecture Series (2016)
- Panelist, San Antonio Young Lawyer’s Association, Practitioner’s Conference (2015, 2016)
- Bexar County Women’s Bar Annual Retreat, Notes from the Federal Trenches (2016)
- Panelist, The National Association of Women Judges Color of Justice Program, Texas A&M University at San Antonio (2016)
In the News
- “In FBI probe, Texas AG faces aggressive, ethical prosecutor,” Associated Press News (December 19, 2020)
Community Involvement
Professional
- U.S. District Court Admissions Committee, Member, 2018-Present
- Appointed by The Honorable Fred Biery, 2018
- Association of Certified Fraud Examiners, Member, 2018-Present
- Hispanic National Bar Association, Member, 2015-Present
- Compliance and Ethics Section, 2018 – Present
- Mexican American Bar Association – San Antonio Chapter, Member, 2015-Present
- Board Member, 2017
- American Bar Association, Member, 2016-Present
- Women’s White Collar Defense Association – Houston Chapter, Member
- San Antonio Bar Association, Member, 2012-Present
- Federal Courts Committee, 2015-Present
- Federal Bar Association – San Antonio Chapter, Member, 2012-Present
- National District Attorney’s Association Border Prosecutions Course Planning Committee, Advisor, 2012
- State Bar of Texas, Diversity in the Profession Committee, Member, 2010-2013
- Del Rio Association of Federal Lawyers, Member, 2010-2012
- Instructor, Overseas Prosecutorial Development and Training Merida Initiative
- Chiapas, Mexico, 2010
- Cancun, Mexico, 2011
- Federal Bar Association, Member, 2007-Present
Community
- Methodist Healthcare Ministries of South Texas, Inc., Board of Directors, 2024-Present
- Texas State University Development Foundation Leadership Council, 2020
- Meals on Wheels of San Antonio, Secretary for the Executive Board, 2020-Present
- National Charity League, San Antonio Rose Chapter, 2020-Present
Practice Areas
Experience
- Employment & Governmental Investigations
- Export Controls Enforcement
- Financial Institution Litigation
- Global Anti-Corruption Compliance and Defense
- Global Corporate Victim Advocacy
- Government Contracts & Procurement
- Healthcare Fraud & Abuse
- Investigations & White Collar Defense
- Securities Enforcement
- Special Investigations