Eric J. Beste

Eric J. Beste, a partner at Barnes & Thornburg LLP, moved to the private sector in 2019 after two decades as a federal prosecutor, marking a significant transition wherein he brought his substantial trial and appellate experience to representing companies and individuals facing government investigations and enforcement actions.

His background includes pivotal roles at the Department of Justice's criminal division and fraud section in Washington, D.C., and the U.S. attorney's office in San Diego, where he served as chief of the criminal division and led the major frauds and special prosecutions section.

At Barnes & Thornburg LLP, Beste has handled a variety of criminal and civil matters in both state and federal courts. His work includes conducting internal investigations for clients facing allegations of misconduct and playing a key role in the largest international trade monitorship in history.

One significant change he said he has observed is the geographic expansion of his practice, with clients seeking counsel with specific experience and strategic thinking, regardless of location, thanks to the feasibility of remote work.

Beste has been involved in several noteworthy cases since his transition to private practice. One such case involved representing several companies and their owners accused of fraudulently supplying substitute parts to the U.S. Department of Defense. Beste's thorough investigation and advocacy led to a declination of criminal charges and a favorable civil settlement, allowing his clients to resume bidding on government contracts.

In another significant case, Beste represented a senior executive of a for-profit education company charged with felony offenses related to state charter school funds. Through effective negotiation, he achieved a pretrial disposition to a misdemeanor charge, avoiding a prison sentence for his client and enabling the expungement of the misdemeanor after successful completion of probation.

"Both cases started out as very serious prosecutions of felony offenses that exposed my clients to substantial penalties," Beste said. "By persistently explaining to the government that my client had not acted with fraudulent intent and why felony prosecutions were not warranted, I was able to secure just and favorable resolutions at substantially less cost and anxiety for my clients."

He added: "The collateral consequences of these investigations and prosecutions to my clients had the potential to destroy their future livelihoods. Working to figure out a way forward that met the demands of the government while still allowing my clients to continue with their chosen careers was time-consuming and taxing, but ultimately, one of the most important components of these deals."

Looking at trends in the field, Beste points to the DOJ's antitrust division and its approach to prosecuting companies involved in discussions about employee mobility. He expressed hope that recent dismissals of individual prosecutions signal a shift toward more cautious and thoughtful antitrust enforcement.