Overview
John Kinchen is the rare trial lawyer who skillfully navigates between complex commercial litigation and high-stakes white-collar criminal matters. John has developed a national trial practice in both arenas and in a variety of industries, including energy, financial services, health care, tax, real estate, and telecommunications.
While John has a strong record of delivering successful results in the courtroom, his most rewarding victories are the quiet but positive resolutions that keep his clients far from any public scrutiny.
John has particular skill and experience in defending clients against allegations of corporate misconduct, securities fraud, tax fraud, health care fraud, and environmental crimes; conducting internal investigations related to such allegations; and defending and prosecuting complex commercial claims in federal and state courts.
John sharpened his trial skills as a federal prosecutor in the US Attorney’s Office in the Southern District of Texas, where he successfully prosecuted white-collar crime and public corruption. During his tenure as a prosecutor, he successfully prosecuted the District’s first ever Racketeer Influenced and Corrupt Organizations (RICO) Act charges in a public corruption case. After leaving the US Attorney’s Office for private practice, John was appointed by the Department of Justice (DOJ) as a special prosecutor in the high-profile prosecution of a transportation company charged with crimes related to a deadly bus fire during Hurricane Rita.
In the aftermath of the Macondo oil spill in the Gulf of Mexico, the owner and operator of the Deepwater Horizon looked to John for guidance with the DOJ’s high-profile two-year criminal investigation and the ensuing multidistrict civil and administrative litigation. With John’s assistance, the DOJ investigation ended with the company avoiding all felony charges. On the civil front, John was a trial lead for Transocean during the three-month federal multidistrict litigation trial, where the company was cleared of any gross negligence finding, thereby avoiding exposure to significant fines and penalties. He also assisted the company in successfully navigating numerous administrative investigations and proceedings before the Bureau of Ocean Energy Management (BOEM), Bureau of Safety and Environmental Enforcement (BSEE), Environmental Protection Agency (EPA), and Chemical Safety Board.
- Texas
- US District Court, Southern District of Texas
- US District Court, Eastern District of Texas
- US District Court, Western District of Texas
- US District Court, Northern District of Texas
- US Court of Appeals, Fifth Circuit
- US Tax Court
- J.D., University of Texas School of Law, 1994
- B.A., Louisiana State University, 1990, summa cum laude
Representative Matters
Select Trial Court Work
Commercial Litigation
- Successfully defended owner/operator of drilling rig as trial lead during three-month federal multidistrict litigation trial related to the Macondo oil spill in the Gulf of Mexico.
- Obtained jury verdict in favor of finance executive accused of fraud by multinational corporation.
- Negotiated an eight-figure settlement for local businessman prior to verdict after four-week trial involving breach of asset purchase agreement.
- Successfully defended multinational corporation in administrative investigations and proceedings before the BOEM, BSEE, EPA, and Chemical Safety Board.
- Successfully defended multiple energy companies against personal injury lawsuits in Texas state courts.
- Negotiated seven-figure confidential settlement on behalf of shareholders related to breach of fiduciary duty claims against public company and its executives.
- Negotiated favorable settlements for multiple former executives of multinational energy company, resolving their claims of fraud and breach of employment agreement.
- Obtained significant arbitration award against energy company in complex valuation dispute.
- Obtained arbitration verdict and attorney fees in favor of multinational law firm in commercial litigation matter.
- Defended advisor in a Financial Industry Regulatory Authority investigation regarding advisor’s alleged securities violations.
White Collar Criminal Defense and Government Investigations
- Successfully defended multinational energy corporation against alleged violations of the Foreign Corrupt Practices Act (FCPA).
- Successfully defended Transocean in a two-year criminal investigation by the DOJ related to the Macondo oil spill in the Gulf of Mexico.
- Obtained dismissal of all felony counts in DOJ prosecution of prominent Las Vegas sports bettor.
- Represented businessman accused of election fraud in two-month federal jury trial (14 felony counts ultimately reduced to a single misdemeanor).
- Managed internal investigations on behalf of multiple Fortune 10 companies.
- Successfully defended CEO of multinational corporation against alleged violations of the FCPA.
- Led numerous internal investigations of alleged corporate malfeasance at Enron.
- Helped international businessman accused of FCPA violations successfully avoid criminal charges related to DOJ investigation into bribery at PDVSA.
- Helped executive of prominent food manufacturer accused of multiple violations successfully avoid criminal charges related to the Federal Food, Drug, and Cosmetic Act.
- Helped owner of refinery successfully avoid criminal charges in DOJ investigation of environmental crimes.
- Helped high-level executive successfully avoid criminal charges in securities fraud investigation that resulted in convictions against other executives.
- Successfully defended executive of national health care provider in a Securities and Exchange Commission criminal investigation and related shareholder lawsuit.
- Successfully defended high-wealth taxpayer in a multimillion-dollar federal tax fraud investigation.
Other Tax Matters
- Successfully reversed IRS adverse technical advice related to $3 billion naval construction contract.
- Successfully represented oil company in major district court income tax refund trial involving section 351, entitlement to losses, and “economic substance.”
- Successfully represented international soft drink company in a major tax case involving the tax treatment of its beverage production.
Speaking Engagements
- Adjunct Professor, "Accounting for Lawyers," South Texas School of Law, 1999-2009
- Adjunct Professor, "Real Estate Tax," University of Houston Law School, Fall 1998
- "The Mueller Report and Investigation: What They Can Teach About Federal Investigations," Southern District of Texas Federal Bar Association, April 2019
- Instructor, "False Claims Act Trial Institute," American Bar Association, November 2016
- "Deepwater Horizon: Lessons and Reflections on Navigating High-Profile Criminal Investigations and Trials," Houston Bar Association Criminal Law & Procedures Section, August 2016
- "Criminal Liabilities in the Business Setting," Texas Association of Defense Counsel, Fall 2006
- "Electronic Data Discovery," LegalTech New Orleans Conference, December 6, 2001
- "Federal Taxation and The Internet," University of Texas School of Law, March 1997
- "Employment Classification Issues and Legislative Update," Houston Bar Association, Section of Taxation, February 15, 1996
News & Publications
Events
Seminars & Events
Disputes, Investigations & Regulatory Enforcement Seminar
April 17, 2024 - April 18, 2024
Speakers: Andrew C. Adams, Shaun Boedicker, Karen Bruni, Claudia Wilson Frost, Samantha Jarvis, N. Hunter Johnston, John Kinchen, Karima Maloney, Daniel A. Mullen, Crystal Robles, Craig Smyser, Jacquelyn Rex Tobin, Larry Veselka, Eugene Zilberman, Jarod Stewart
Noteworthy
- Chambers USA, White-Collar Crime & Government Investigations, Texas (2023-2024)
- Super Lawyers, Texas, White Collar Defense/Commercial Litigation (2018-2024)
- Super Lawyers, Texas, “Rising Star” (2008-2009)
- Super Lawyers, Texas, “Rising Star” (2005-2006) (only state or federal prosecutor in the Southern District of Texas to receive the designation)
Authored Articles
- “Criminal Law for Civil Litigators,” The Advocate, Summer 2008
- “Survey of Fifth Circuit Tax Cases,”Texas Tech School of Law – Law Review, Spring 1998
Professional Affiliations
- American Bar Association