Biography
Erica Benites Giese is an attorney in the white collar and government investigations section of Jackson Walker’s San Antonio office.
Prior to joining Jackson Walker, she served as an Assistant United States Attorney in the Western District of Texas. In that role, she served as Chief of the District’s Financial Litigation Unit, and also served as the Chief of the San Antonio and Del Rio divisions.
Erica has extensive first-chair trial experience as well as civil and criminal litigation experience. As a state and federal prosecutor, she tried over 100 cases and handled thousands of grand jury presentments. Erica leverages this experience to assist clients facing grand jury investigations and offer guidance in responding to grand jury subpoenas.
In her practice, she handles civil and criminal white collar investigation and litigation matters, qui tam complaints and investigations, healthcare fraud matters, government contract fraud inquiries, bank and wire fraud investigations, and immigration worksite enforcement actions. She helps clients navigate the daunting task of responding to civil, criminal and administrative subpoenas, including Civil Investigative Demands. Erica also advises and advocates for individual and corporate victims of fraud. A Certified Fraud Examiner, she handles all types of fraud matters and internal investigations.
As a prosecutor, Erica spearheaded the creation of a Suspicious Activity Report Review Team in the San Antonio and Del Rio divisions, which resulted in her gaining a wealth of knowledge in Anti-Money Laundering compliance-related issues for financial institutions.
Since 2019, Scene in S.A. has recognized her as one of the “Best S.A. Lawyers” in the area of criminal defense.
Outside of Jackson Walker, Erica volunteers her time with the Hispanic National Bar Association as Deputy Region XII President and as a member of the Compliance and Ethics Section. She is also actively involved with the Federal Bar Association’s San Antonio Chapter, the U.S. District Court Admissions Committee, the Association of Certified Fraud Examiners, and the American Bar Association’s Women’s White Collar Defense Section.
Within the community, Erica serves on the Board of Meals on Wheels of San Antonio. She and her daughters also serve their community through the National Charity League – San Antonio Rose Chapter.
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, 2002
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 an 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.
- Fellow, American Bar Association, 2020
- Life Fellow, Texas Bar Foundation, 2019
- “Top Attorneys” List, Criminal Defense, San Antonio Magazine, 2021
- “Best S.A. Lawyers” List, San Antonio Scene, 2019-2021
- Criminal Defense: White Collar
- General Litigation
- “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
- 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