Jerry A. Behnke

Partner
  • BIOGRAPHY
  • Awards & Recognition
  • In the news

Jerry A. Behnke is a partner at Larson O'Brien LLP.  Mr. Behnke is an experienced trial and appellate lawyer.  His practice focuses on white collar criminal defense, internal investigations, and complex civil litigation.  Mr. Behnke represents individuals and companies in a wide range of white collar criminal matters, including allegations of wire and mail fraud, healthcare fraud, procurement fraud, false claims, tax violations, and public corruption.  He also conducts internal investigations for corporations.  Mr. Behnke's civil litigation practice includes breach of contract disputes, civil false claims, breach of fiduciary duties, and environmental matters.   

Prior Experience

Mr. Behnke is a former Assistant United States Attorney (AUSA) and a former Deputy District Attorney (DDA) with 18 years of experience investigating and prosecuting complex white collar criminal cases.  Mr. Behnke has extensive experience handling federal and state anti-corruption, fraud, and regulatory matters.  Mr. Behnke previously served as an AUSA in the Southern District of California where he was a member of the Major Frauds and Special Prosecutions Section and also served as a discovery coordinator.  Mr. Behnke also previously served as an AUSA in the Central District of California, where he was Deputy Chief in the Riverside branch office.  Before his work as a federal prosecutor, Mr. Behnke served as a DDA for Riverside County.

Examples of Mr. Behnke's prior matters include:

  • Served as the lead attorney in the investigation and prosecution of a city mayor and others for conspiracy, bribery, and false statements.
  • Served as lead attorney in the investigation and prosecution of a grant writer for mail fraud, false statements, and forging a writing to obtain money from the United States in connection with a $35 million education grant for before and after school programs.
  • Served as lead attorney in the investigation and prosecution of a high-profile case under the Military Extraterritorial Jurisdiction Act involving the death of a United States serviceman at a United States airbase in Turkey.
  • Served as lead attorney in the investigation and prosecution of several complex cases involving the trafficking of contraband cigarettes and evasion of state tobacco taxes.
  • Tried a jury trial against a medical doctor charged with conspiracy to defraud the United States, introducing misbranded drugs into commerce, and smuggling goods into the United States in connection with bringing drugs into the country that did not contain labeling as required under the Food, Drug, and Cosmetic Act.
  • Tried a jury trial against mortgage brokers charged with conspiracy, wire fraud, mail fraud, and money laundering in connection with a scheme to defraud banks and other mortgage lenders.

Representative Matters

  • Represented a company in a criminal investigation and prosecution for insurance fraud and negotiated a settlement of the matter as a civil compromise, which resulted in dismissal of the criminal charges.
  • Defended a company in a criminal prosecution stemming from the death of one of the company’s employees and negotiated a settlement of the matter as a civil compromise, which resulted in dismissal of the criminal charges.
  • Represented the owner of a chain of furniture stores in a criminal investigation and prosecution for sales tax fraud and negotiated a settlement of the matter as a misdemeanor.
  • Defended a former DEA agent in a federal criminal prosecution involving allegations of conspiracy and fraud.  All charges were dismissed in the middle of trial.
  • Represented an oil company in a civil suit against a former employee paralegal involving breach of duty of confidentiality, breach of contract, breach of fiduciary duty, and unlawful business practices.
  • Conducted an internal investigation for a company that offered lending and financial advice to determine whether the CEO had engaged in fraud.  
  • Represented a lawyer in an investigation by the State Bar of California.  The investigation was closed with no charges filed.
  • Represented an oil company accused of violating the Clean Water Act and other statutes related to releases of oil.  Obtained sanctions against the State of California for the spoliation of evidence.

Education

Mr. Behnke graduated, cum laude, from Loyola Law School, Los Angeles, where he was a member of the law review and the moot court honors board.  He is also a member of the Order of the Coif.  Mr. Behnke received his undergraduate degree from the University of Southern California. 

Other Activities

Mr. Behnke serves as a lawyer representative to the Ninth Circuit Judicial Conference.  He is also a member of the Central District of California's Merit Selection Panel.

Lawyer Representative, Ninth Circuit Judicial Conference

Member, Merit Selection Panel, Central District of California

Bloomberg

Eleven lawyers depart Arent Fox to open boutique

Eleven lawyers have jumped ship from Arent Fox to start a litigation boutique in Los Angeles. Larson O'Brien will focus on high stakes matters, including commercial litigation, internal investigations, appellate work and international arbitration.

Larson O'Brien promotes Behnke and Harlan

Larson O'Brien is pleased to announce it has promoted Jerry Behnke to partner and R.C. Harlan to counsel effective January 1, 2018.

  • EDUCATION

    Loyola Law School, Order of the Coif; Loyola Law Review

    University of Southern California, B.A.

  • ADMISSIONS

    California
    United States Court of Appeals, Ninth Circuit
    U.S.D.C. Central District California
    U.S.D.C. Southern District California
    U.S.D.C. Eastern District California
    U.S.D.C. District of Columbia