Gene R. Besen

Partner
Legal Assistant
Tiffany Noullet
P: 214.257.9836 tnoullet@bradley.com
Representative Experience
  • Healthcare
    • Represent a healthcare marketing company in connection with an ongoing investigation into alleged violations of the Anti-Kickback Statute, U.S. Travel Act, and various physician investment models conducted by the U.S. Attorney’s Office for the Northern District of Texas.

      Represent multiple physicians in pending investigation by the U.S. Attorney’s Office for the Southern District of Texas in connection with allegations of fraud and violations of the Anti-Kickback Statute relating to clients’ purported involvement with a compounding pharmacy.

      Represent a physician in pending investigation by the U.S. Attorney’s Office for the Northern District of Texas 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. 

      Represent a healthcare company in pending parallel civil and criminal investigation 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. 

      Represent a pathology laboratory and its principal in parallel civil and criminal investigations related to allegations of violations of the Anti-Kickback Statute in the Eastern District of Texas.

      Conducted an internal investigation into illegal kickbacks and inducements to generate patient leads for pharmaco-genetic testing for a large San Antonio-based healthcare company.

  • 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. 

      Represent Load Trail LLC in connection with an ongoing criminal investigation arising from one of the largest ICE enforcement actions in the last decade.

      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 secured dismissal of an insider trading indictment in the Western District of Louisiana alleging the client traded in advance of the 2012 acquisition of Shaw Group, Inc. by Chicago Bridge and Iron.

      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 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.   

      Represented a senior executive of Arthrodcare Corp., a medical device company, following his indictment on charges of mail, wire and securities fraud in connection with an alleged $400 million accounting fraud scheme.

      Represent a Dallas entrepreneur in connection with parallel proceedings initiated by the SEC and the DOJ in connection with his alleged involvement in the issuance of false press releases by several public companies.

      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.

      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 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. 

      Represent  physicians in connection with claims asserted by the Bankruptcy Trustee for Health Diagnostic Laboratory seeking to recover alleged illegal kickback payments.

      Successfully represented seven Major League Baseball players in recovering in excess of $139 million from the receivership estate of the Stanford Financial Group, and successfully defeated the Stanford receiver’s fraudulent transfer claims seeking to claw back in excess of $9 million from the players. Janvey v. Adams, et al., 588 F.3d 831 (5th Cir. 2009).

      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.

      Obtained summary judgment on behalf of JPMorgan and LifeCare Hospitals against fraud claims asserted by Highland Capital Management over an amendment to a $250 million credit agreement. Highland Crusader Offshore Partners, LP, et al. v. LifeCare Holdings, Inc., et al., 2009 WL 1065212 (N.D. Tex. Apr. 21, 2009) affirmed 2010 WL 1849293 (5th Cir. May 10, 2010).

      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.

      Served as co-lead counsel representing Hudson City Savings Bank against the Securities Investor Protection Corporation (SIPC) trustee for Lehman Brothers, Inc., in connection with its claim for the return of more than $100 million of securities held by Lehman Brothers pursuant to an open repurchase transaction on the date Lehman Brothers filed for bankruptcy.