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
- 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.
- 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.
- 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, 2023-2024
- 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, “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
- 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 9, 2024
Attorney News
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.
August 23, 2024
Newsletters
JW Diversity & Inclusion Newsletter – August 2024
View Jackson Walker’s August 2024 Diversity & Inclusion Newsletter, Perspectives.
August 15, 2024
Attorney News
‘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.
June 21, 2024
Speaking Engagements
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.
June 20, 2024
Attorney News
Erica Benites Giese Elected to Methodist Healthcare Ministries Board of Directors
Jackson Walker proudly congratulates San Antonio partner Erica Benites Giese on her election to the Board of Directors for Methodist Healthcare Ministries of South Texas, Inc.
June 6, 2024
Spotlight
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.
June 6, 2024
Spotlight
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.
April 29, 2024
Attorney News
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.
April 15, 2024
Newsletters
JW Diversity & Inclusion Newsletter – April 2024
View Jackson Walker’s April 2024 Diversity & Inclusion Newsletter, Perspectives.
Practice Experience
- 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.
- 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.
- 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, 2023-2024
- 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 & Speeches
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, “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
- 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