Benjamin N. Gluck

Los Angeles

Benjamin Gluck, a principal at Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C., has a track record in leading defense teams in high-stakes, multi-defendant health care fraud cases, often involving substantial financial allegations.

His litigation skills have been crucial in handling cases with complex legal and ethical dimensions.

Gluck led the forfeiture litigation in the U.S. Private Vaults case, representing more than 30 clients whose property was unlawfully searched and seized. His successful advocacy in this case not only resulted in the return of over $25 million in seized assets, but also set important legal precedents regarding property owners' rights and government accountability.

"The positive outcome in the U.S. Private Vaults cases helped prevent a government scheme that would have required property owners to 'prove' that they had obtained their property legally, which would have been an egregious encroachment on Fifth Amendment rights," Gluck said. "It was important to establish the rights of property owners to remain anonymous and put the burden of proof where it belongs, namely on the government."

Additionally, Gluck achieved a significant victory in a criminal health care fraud case in Orange County, where he secured the dismissal of all charges against the defendants after uncovering mishandling of evidence and invasions of attorney-client privilege. This outcome has had a lasting impact on how privileged material is handled in search warrant cases, reinforcing the importance of the attorney-client privilege.

"In the privilege invasion cases, it was especially challenging to distill the thousands and thousands of documents in order to clearly prove the invasion," Gluck said. "Judges have very little time, which means that you need to be able to tell and prove your story in a sentence or two. That's what wins cases."

In discussing trends in the legal field, Gluck said, "A just system requires broader enforcement and lower sentences. The government often pursues only a few defendants and seeks draconian sentences. But like 'hanging every tenth pickpocket,' this is neither as effective or as fair as pursuing more people but imposing lesser sentences. With draconian sentences, trial is often too risky to contemplate, which further undercuts the fairness of the system by not allowing juries to decide marginal cases."