Winston Y. Chan is a litigation partner in Gibson, Dunn & Crutcher’s San Francisco office. He is an experienced trial and appellate attorney, and has particular expertise leading matters involving government enforcement defense, internal investigations, compliance counseling, and civil trial litigation.
Since 2016, Mr. Chan has been a Chambers-ranked attorney in the category of White Collar Crime and Government Investigations, including as one of three "Up-and-Coming" attorneys in California. Benchmark Litigation has recognized Mr. Chan as a 2016 and 2015 California Litigation Star for being "recommended consistently as a reputable and effective litigator by clients and peers." In 2014, Mr. Chan was named in Law360 as one of just five nationwide "Rising Stars" in White Collar Criminal Defense under the age of 40 "whose legal accomplishments belie their age."
From 2003 to 2011, Mr. Chan served as an Assistant United States Attorney in the Eastern District of New York, where he investigated a wide range of matters as part of that office’s Business and Securities Fraud Section, including False Claims Act violations, health care fraud, Foreign Corrupt Practices Act violations, hedge fund improprieties, insider trading, accounting fraud, market manipulation, and fraudulent offerings of securities. Mr. Chan additionally prosecuted cases in the Organized Crime and Racketeering Section, where he handled matters involving Italian, Eastern European and Asian criminal enterprises, for which the Attorney General awarded Mr. Chan one of the Department of Justice’s highest awards for his "exemplary and historic work."
As a senior prosecutor, Mr. Chan served in a number of supervisory roles at the U.S. Attorney’s Office, including as Health Care Fraud Coordinator. In that capacity, he oversaw all qui tam and whistleblower investigations involving allegations of False Claims Act violations, kickbacks, misbranding and off-label promotion by pharmaceutical, biotechnology and medical diagnostic companies, among others. Mr. Chan also served as Deputy Chief of the General Crimes section, where he supervised and trained all first-year AUSAs in their investigation, prosecution and trial of federal offenses ranging from fraud to violent crime. By the conclusion of his tenure with the U.S. Attorney’s Office, Mr. Chan had trained approximately half of the 83 line prosecutors in the Eastern District of New York.
Mr. Chan earned his undergraduate degree, magna cum laude, from Yale University, and his Juris Doctor from Yale Law School, where he was on the Yale Law Journal and president of the Pacific Islander, Asian and Native American Law Students’ Association. Following law school, Mr. Chan served as a law clerk for the Honorable Leonard B. Sand of the United States District Court for the Southern District of New York, and then for the Honorable Chester J. Straub of the United States Court of Appeals for the Second Circuit. While a federal prosecutor, Mr. Chan taught a clinical course at Columbia Law School on the principles of federal prosecution and a first-year lawyering course at Fordham University School of Law.
He speaks conversational Mandarin Chinese and Taiwanese and serves as a chair of the Diversity Committee of the firm’s Bay Area offices.
Recent significant engagements involving government enforcement defense include:
- Defending an individual charged with criminal securities fraud by the U.S. Attorney’s Office relating to the alleged concealment of hedge fund investor losses.
- Represented a professional services firm in connection with a criminal money laundering investigation by the U.S. Attorney’s Office relating to the firm’s provision of alleged services to medical marijuana businesses.
- Defending managed care health plans in connection with False Claims Act investigations by the U.S. Attorney’s Office, State Attorney General’s Office and HHS-OIG relating to each plan’s alleged implementation of the Affordable Care Act.
- Defended a Fortune 500 health care services system in connection with a nationwide False Claims Act investigation by the DOJ, U.S. Attorney’s Office and HHS-OIG relating to alleged medical necessity issues, resulting in a full declination of charges.
- Defending a Fortune 500 health care services provider (acute care) in connection with a nationwide False Claims Act investigation by the DOJ, U.S. Attorney’s Offices, State Attorney General’s Offices and HHS-OIG relating to alleged "worthless services" and quality of care issues.
- Represented numerous former executives of a Fortune 500 pharmaceutical and medical device company in connection with an investigation by the U.S. Attorney’s Office and State Attorney General’s Office into alleged violations of the Anti-Kickback Statute, which was successfully closed without further action.
- Defended a Fortune 500 pharmaceutical and medical device company in connection with a DOJ and HHS-OIG investigation into alleged off-label promotion, kickback and product safety violations throughout the United States.
- Defended a leading health care services provider (post-acute care) in connection with civil and criminal False Claims Act investigations by the U.S. Attorney’s Office, HHS-OIG and DOJ relating to alleged "upcoding" issues, and negotiated the terms of a Corporate Integrity Agreement.
- Represented a nutritional supplement company in connection with an investigation by the California Food, Drug & Medical Device Task Force into alleged false advertising and unfair competition.
- Defended a nutritional supplement company and its Founder/CEO in connection with an FDA misbranding investigation and prosecution by the U.S. Attorney’s Office and DEA.
- Defended a hospital executive in connection with a criminal prosecution and trial by the California Attorney General’s Office for alleged violations of elder abuse reporting statutes, successfully obtaining dismissal of all charges.
- Represented a Fortune 500 technology company in connection with an FCPA investigation by the SEC, relating to alleged marketing practices in East and South Asia, and successfully obtained a no-action letter.
- Represented a former executive in connection with an FCPA investigation by the SEC and DOJ, relating to the alleged Middle East sales practices of a Fortune 500 technology company.
- Represented a Fortune 500 financial services firm in connection with criminal federal investigations into the mortgage-backed securities market.
- Represented a hedge fund in connection with criminal and civil insider trading investigations by various U.S. Attorney’s Offices and SEC Regional Offices.
- Defending a Fortune 500 retailer in connection with a California District Attorney environmental task force investigation relating to alleged hazardous waste handling and disposal violations.
- Defended an international transportation public company in connection with multiple state and federal government investigations relating to alleged Clean Water Act and Refuse Act violations.
- Represented the Board of Directors of a multi-national oil and gas public company in connection with a DOJ environmental criminal investigation.
- Defended the CEO and Chairman of a U.S.-listed Chinese "reverse merger" company in connection with an SEC inquiry and audit committee investigation.
- Represented numerous technology companies in connection with cyber-security investigations by various U.S. Attorney’s Offices and FBI Field Offices.
- Represented a Fortune 500 technology company in connection with an export control investigation by the U.S. Attorney’s Office and U.S. Department of Commerce.