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.
ChambersUSA 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 twenty 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
- 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 national operator of acute care hospitals in its response to administrative subpoenas for records concerning a state application. My representation 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 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
- 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, 2019-2023
- Criminal Defense: White Collar
- General Litigation
- Lawdragon 500 Leading Litigators in America, 2023-2024
- “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
- “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 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
- 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
September 18, 2023
Attorney News‘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.
September 14, 2023
Attorney NewsJackson Walker Congratulates 35 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker announces the selection of 35 attorneys to Lawdragon’s 2024 list of the 500 leading litigators in America.
August 24, 2023
NewslettersJW Diversity & Inclusion Newsletter – August 2023
View Jackson Walker’s August 2023 Diversity & Inclusion Newsletter, Perspectives.
June 1, 2023
SpotlightChambers 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.
April 24, 2023
NewslettersJW Diversity & Inclusion Newsletter – April 2023
View Jackson Walker’s April 2023 Diversity & Inclusion Newsletter, Perspectives.
January 26, 2023
Client ResultsLegal Team Including Erica Benites Giese Secures Freedom for Afghan Soldier Abdul Wasi Safi
After escaping Afghanistan to evade torture and execution from the Taliban for helping the United States, Afghan soldier Abdul Wasi Safi was arrested in September 2022 at the U.S.-Mexico border while attempting to seek asylum in the United States.
As a result of the outstanding advocacy of Erica Benites Giese and Zachary Fertitta, charges have been dismissed and Wasi was released from custody.
November 17, 2022
NewslettersJW Diversity & Inclusion Newsletter – November 2022
View Jackson Walker’s November 2022 Diversity & Inclusion Newsletter, Perspectives.
October 24, 2022
Speaking EngagementsErica Benites Giese to Present at Greater San Antonio Ethics & Compliance Roundtable Fall Symposium
Erica Benites Giese will present on white collar crime during the Greater San Antonio Ethics & Compliance Roundtable Fall Symposium held at the St. Mary’s University Greehey School of Business on October 27, 2022.
October 7, 2022
Attorney NewsJackson Walker Congratulates 36 Attorneys Named Among the Lawdragon 500 Leading Litigators in America
Jackson Walker announces the selection of 36 attorneys to Lawdragon’s inaugural list of the 500 leading litigators in America.
September 22, 2022
InsightsDOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement Conference in Dallas
By Jennifer Freel, Erica Giese, and Bethany R. Pickett
On September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General Kenneth Polite and Deputy Assistant Attorney General Lisa Miller discussed the new policy at the University of Texas School of Law’s Government Enforcement Institute—a two-day conference held in Dallas, Texas. This article covers key areas Department of Justice officials will focus their efforts in the coming months.