Benjamin N. Gluck

White Collar Criminal Defense and Complex Civil Litigation, Health Care Fraud and Regulatory Enforcement

Mr. Gluck is regularly recognized by leading legal publications as one of the top white collar criminal defense attorneys in the nation. Chambers USA, one of the primary arbiters of achievement in the legal profession, has referred to him as “one of the smartest people doing criminal defense work” and “just unstoppable; a great strategist and team player who thinks outside the box.”

Mr. Gluck devotes a significant portion of his practice to representing health care providers in state and federal criminal matters. He regularly leads defense teams in multi-defendant health care fraud cases involving hundreds of millions of dollars in alleged fraud. He has deep experience in cases relating to compound pharmacies, telemedicine, toxicology testing, co-pay waivers, alleged kickbacks and improper marketing, grey-market medications and devices, coding, physician-owned distributorships, over-prescribing, medical necessity, unlicensed practice, and many other areas. He has developed effective methods to challenge improper searches, seizures, and investigative tactics related to health care providers and has obtained numerous dismissals of charges based on prosecutors’ misapplication of healthcare standards and regulations.

Mr. Gluck also specializes in successfully recovering assets seized or frozen in connection with investigations or forfeitures. He has recovered or unfrozen hundreds of millions of dollars’ worth of cash, bank accounts, cryptocurrency, and liens on behalf of scores of clients in high-profile matters.

In addition, Mr. Gluck practices in the area of complex civil litigation, including civil claims arising from allegations of health care fraud. He handles matters in state and federal courts and in arbitration.

Mr. Gluck has taught white collar crime at several local law schools.

Co-Chair, ABA International Litigation Committee, Criminal Litigation Subcommittee

Former Co-Executive Director, ABA, White Collar Crime Division

Author, "Why prosecutorial filter teams aren't allowed under California law for reviewing seized documents," Daily Journal, December 2025

Author, "Developments in Federal False Claims Act Litigation," Daily Journal, July 2023

Author, "Avenues for Relief After a Law Enforcement Search of a Medical Provider," Daily Journal, November 2022

Quoted, “Something Went Sideways When the FBI Confiscated the Contents of Safe Deposit Boxes in an LA Bank,” Esquire, September 2021

Quoted, “FBI to Return Seized Funds After Calling Plaintiff A Drug Dealer,” Daily Journal, August 2021

Contributor, “California: An Introduction to Litigation: White-Collar Crime & Government Investigations,” Chambers and Partners USA, May 2021

Quoted, “FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power?” Los Angeles Times, June 2021

Published Cases:

United States v. Daniel Louis Delaney, 427 F.3d 1227 (9th Cir. 2006)

Jackson v. Calderon, 211 F.3d 1148 (9th Cir. 2000) (reversing penalty phase in capital case)

Stanford Law School; Former Adjunct Professor (White Collar Crime) - Loyola Law School and Southwestern Law School

Health Care-Related Matters

Secured a non-custodial sentence for a former pharmacy owner in a long-running federal healthcare fraud case with alleged loss amounts as high as $60 million.

Achieved a complete dismissal of all counts of a 20 count criminal complaint against a doctor that the state has described as “Public Enemy No. One” of the Medi-Cal system. The complaint alleged millions of dollars in fraud but following a lengthy preliminary hearing, the Court found the state failed to establish probable cause and dismissed the entire complaint.

Won dismissal of the 21 most serious charges in a high profile grand jury indictment against two physicians, a chiropractor, and eight employees and associates of a workers compensation healthcare provider. Each of the 21 now-dismissed counts carried a potential life sentence. Prosecutors alleged the defendants “permanently disfigured” 21 workers compensation patients in the course of committing insurance fraud by allowing a Physician’s Assistant to conduct all or portions of surgical procedures. The Los Angeles County District Attorney’s Office has described this case as the largest health care fraud in California history.

Successfully obtained a pre-trial dismissal of murder charges against the founder of a publicly traded company that runs substance abuse facilities. The case, which was prominently featured in local and national media, stemmed from a resident’s death at one of the company’s facilities in the state, and marked the first time in California history that murder charges were brought on such a theory of corporate liability.

Obtained dismissal of 89 out of 90 counts, including counts of insurance fraud and involuntary manslaughter, on behalf of client accused of allegedly masterminding a $100 million medical workers’ compensation fraud scheme. Mr. Gluck argued that the indictment, which had previously been amended, violated their client’s constitutional and statutory rights based on the grounds that it’s illegal to add additional counts to an amended indictment without returning to the grand jury. Furthermore, the grand jury never found probable cause, a requirement for a criminal defendant to be prosecuted for a felony. After obtaining an order from the California Supreme Court requiring the review of the Orange County District Attorney’s grand jury practices, the Court of Appeal granted Mr. Gluck’s writ petition, ultimately resulting in the Court dismissing all but one count.

Reached a settlement with the SEC in our representation of the co-president and COO of the second largest publicly traded health care company. Mr. Gluck defended the executive in allegations of $2 billion in False Claims Act violations, and securities and health care fraud. In addition, he defended the executive in the DOJ criminal investigation, which resulted in no charge, and achieved a favorable civil settlement with the SEC.

Advised and represented a major cancer hospital in an internal investigation triggered by billing practices of a doctor.

Preserved an oncologist’s practice at trial on claims of unapproved medication use. The government declined to offer a reasonable settlement and demanded our client receive eight years in prison. Mr. Gluck took the case to trial and achieved an outcome of straight probation with no cessation of practice. The doctor’s story is in development for a Hollywood movie.

Represent numerous clients in false claims actions involving compound medications, durable medical equipment, in-home health assessments, psychiatric referrals, cardiac testing, and many other health care related areas.

Represented the country’s largest Internet pharmacy service provider. The government announced its intent to charge our client with 83 felony drug trafficking counts, which carried decades of prison time. Mr. Gluck made several persuasive presentations showing that the government’s theory was legally defective. The government dropped the threat and the matter was resolved for a single strict-liability misdemeanor and some community service. Afterwards, the National Federation of State Boards of Pharmacy and other government regulatory groups invited Mr. Gluck to give this same presentation to them.

Represented a licensed nurse at a skilled nursing facility who, along with twelve other nurses, was indicted and arrested on charges of felony elder abuse. The Attorney General’s Office had conducted five days of video surveillance of the nurses’ activities. Mr. Gluck crafted and presented a motion to dismiss, which was granted by the court, and charges against all twelve defendants were dismissed. The Attorney General’s Office re-filed the charges under a different theory but Mr. Gluck successfully convinced the Appellate Department to order those charges dismissed as well. This decision established new, favorable law for all providers in California and Mr. Gluck was invited to speak about it to various industry groups.

Defended a doctor charged with drug trafficking arising from his alleged prolific prescribing of opiate pain medicine. The sentence imposed was a fraction of what the government demanded and was criticized for its leniency by the Los Angeles Times. The government was so upset by the sentence that, in an exceedingly rare move, it appealed our result.

Represented a durable medical equipment provider who was arrested and charged with defrauding Medi-Cal out of more than $4 million. In presentations to the prosecutors, Mr. Gluck argued that his client’s conduct was within regulations. Based on these arguments, the prosecutors dismissed the fraud charges and allowed the client to settle a non-health-care-related misdemeanor and time payments of less than a tenth of the amount at issue.

Represented successfully a chain of kidney dialysis centers against qui tam allegations that the chain overcharged Medicare for drugs.

Defended claims of unlicensed and unapproved products / medications on behalf of oncologists, dermatologists, cardiologists and other medical specialists against claims of using unlicensed products, including “generic” Botox, Viagra, cancer medications, IUD’s, and other non-FDA certified products.

Additional Representative Matters

Obtained recovery of tens of millions of dollars in cash and valuables on behalf of scores of clients in the US Private Vaults seizure matter.

Successfully achieved a complete return of a cryptocurrency account worth millions of dollars after convincing the government to walk away from it.

Achieved a significant and favorable outcome on behalf of apparel company owner who faced criminal charges of underpayment of tax and duty by $35 million and money laundering over $80 million. Convinced Judge to decrease sentence to twelve months and one day in custody, rather than the five years recommended by the Sentencing Guidelines and demanded by the government.

Stanford Law School, J.D., distinction, Executive Editor of Stanford Law Review, 1998

I.S.T.R.E., Brunoy, France, M.A., 1991

I.S.T.R.E., Brunoy, France, B.A., 1989