Member Profile

Carolyn F. McNiven

Greenberg Traurig, LLP 4 Embarcadero Ctr, Ste. 3000 San Francisco, CA 94111-5983

mcnivenc@gtlaw.com

San Francisco

Phone: 415.655.1270

Practice Areas

Foreign Corrupt Practices Act / Anti-Corruption

FDA Enforcement

Healthcare

Anti-Corruption

Cybercrime

Education

J.D., University of California at Berkeley School of Law (Boalt Hall), 1991 Senior Executive Editor, California Law Review B.A., cum laude, Fine Arts, Amherst College, 1986

Carolyn F. McNiven

Professional Profile

Carolyn McNiven is a hardnosed, savvy white collar defense attorney who applies her 20 years of experience as federal prosecutor and defense attorney to obtain optimal results for her clients, whether they are multi-million dollar public companies or individuals facing potential imprisonment. A lead attorney in over 20 jury trials and appeals, Carolyn knows how to argue persuasively to juries and judges. Carolyn also has a reputation as an effective and creative behind-the-scenes negotiator, particularly in convincing prosecutors not to indict or to dismiss charges. In 2011, Carolyn persuaded federal prosecutors to dismiss three separate criminal indictments. Carolyn’s discretion and ability to quickly assess evidence and formulate persuasive defenses has lead clients to entrust her with their most sensitive problems and issues. She has a reputation for impeccable integrity. Clients report that she has a warm no-nonsense manner and is easy to approach. As a federal criminal prosecutor, Carolyn worked on the most complex and challenging white collar criminal cases, including high-profile public corruption matters involving a sitting governor and U.S. State Department Official. She was selected by the U.S.Attorney in Chicago to lead that office’s criminal health care enforcement efforts, which she did (as a deputy chief) for six years. She is particularly experienced in the complexities of health care enforcement and financial crimes. Since reentering private practice, she has represented multiple public companies under DoJ and SEC investigation on FCPA compliance; an individual who was the target of a $185 million federal health care fraud investigation; a company accused of fraud by a whistleblower; and a hospital system under investigation for fraudulent Medicare billing that was eventually issued a non-target letter. She routinely assists companies conduct real world, cost sensitive compliance assessments and implement effective compliance plans.

Representative Matters

Advised a public company under U.S. Department of Justice and SEC investigation on global anti-bribery and corruption compliance. Performed comprehensive rewrite of global anti-bribery and corruption policies and procedures for pharmaceutical company. Conducted assessment of FCPA compliance unit for major multi-national public corporation. Defended an individual who was the target of a $185 million federal health care fraud investigation. Advised a company accused of fraud by a whistleblower. Represented a hospital system under investigation for fraudulent Medicare billing. Represented individual targeted in international cybercrime investigation. Represent former bank board member targeted in bank fraud investigation. Routinely advises on conducting third party due diligence for FCPA compliance purposes and perform FCPA and other compliance due diligence in the context of acquisitions. Provides healthcare compliance, claims reimbursement, Anti-Kickback, FDCA and self-disclosure advice for a variety of health sector clients, including hospital systems, pharmaceutical and medical device clients.

Other Distinctions

Publications

Prior Experience