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Practice devoted exclusively to
federal criminal defense
(since 1989)

 

  • Federal criminal trial and appellate litigation

    •

  • Emphasis: financial / business crimes defense

  • Representation of witnesses before federal grand juries

  • Consultant to white collar defense firms and private defense attorneys nationwide on federal criminal cases

Gregory Nicolaysen, Esq.

Learn About The Association Of Federal Defense Attorneys

16000 Ventura Blvd, Suite 500, Encino, CA 91436
Phone: (818) 998-2706
Cellular: (818) 970-7247
Fax: (818) 998-8427
Email: GregNicolaysen@aol.com

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Certified by the California State Bar as a Specialist in Criminal Law.
Former chair of State Bar of California's Criminal Law Advisory Commission

AV-rated by Martindale-Hubbell

Voted one of Southern California's Super Lawyers for 2004
[category: white collar criminal defense]
 (Survey sponsored by L.A. Magazine)

Admitted to California bar, 1981
Admitted to U.S. District Court, Central District of California,
and Ninth Circuit Court of Appeals: 1982

 

Education:
  • Benjamin Cardozo School of Law, Yeshiva University (J.D. 1980, magna cum laude); Cardozo Law Review, 1979-80
  • Dartmouth College (B.A. 1977, with distinction in Government)
  • Clerk to U.S. District Judge, H. Curtis Meanor, District Of New Jersey, 1979
  • California Graduate Institute (M.A., Psychology, 1989)
Professional Titles:
  • Criminal Law Advisory Commission, State Bar Of California (1997-2001). Chair, 2000-2001
    • the Commission oversees the legal specialization process for criminal lawyers in California, including writing / grading the specialization exam.
  • CJA Indigent Defense Panel, U.S. District Court, Central District of California (1984-87, 1989-present)
    • has represented hundreds of defendants in federal prosecutions in the Central District of California, including many in connection with complex fraud, money laundering and other financial crimes.
  • Assistant Regional Director, Federal Trade Commission, Los Angeles (1988-89)
    • oversaw the consumer fraud enforcement unit, including the filing of federal civil enforcement actions for telemarketing fraud.
Selected Opinions
Michael Banyard v William Duncan, warden, 2004 U.S. Dist. LEXIS 20634 (C.D. Cal. Oct. 4, 2004)
habeas corpus petition filed by petitioner granted by U.S. District Court on grounds that California Three Strikes law violated Eighth Amendment as applied to petitioner in regard to his third strike conviction, and that state assault conviction did not satisfy requirement to constitute second strike)
Click Here to read the District Court opinion
Click Here to read the petitioner's brief in support of the habeas petition re: Eighth Amendment argument
Click Here to read the petitioner's brief in support of the habeas petition re: second strike argument

United States vs. Javier Vasquez-Velasco, 15 F.3d 833 (9th Cir. 1994)
Extra-territorial jurisdiction to prosecute murders in Mexico related to murder of DEA agent Enrique Camarena
Click Here to read the Ninth Circuit opinion
Click Here to read the appellant's opening brief
Click Here to read the appellant's reply brief

United States v. Richard Miller, 984 F.2d 1028 (9th Cir. 1993)
FBI agent in Los Angeles charged with espionage in 1980's
Click Here to read the Ninth Circuit opinion
Click Here to read the appellant's opening brief

United States v. Rafael Caro Quintero, et. al., 769 F. Supp. 1564 (C.D. Cal. 1991)
Post-trial litigation seeking new trial on grounds of jury misconduct in the murder prosecution pertaining to agent Camarena
Click Here to read the District Court opinion

RRX Industries, Inc. v. Lab-Con, Inc., 772 F.2d 543 (9th Cir. 1985)
Judgment on behalf of plaintiff medical laboratory affirmed in suit against software designer for fraud / breach of contract
Click Here to read the Ninth Circuit opinion
Publications And Seminar Presentations:

Online And Printed Journals

Video Presentations And Audio Webcasts

Online Seminars / Informal Presentations For The Defense Bar On The AFDA Web Site

Hotel Conferences
 [references to (USSC) denote faculty participation by U.S. Sentencing Commission staff]

  • Panelist, "Federal Bar Association's Annual Conference on the Federal Sentencing Guidelines" (San Francisco, May 2005)(USSC)
  • Conference Chair / Panelist, "Federal Sentencing In A New Era After Booker / Fanfan" (Los Angeles, February 2005)(USSC)
  • Conference Chair / Panelist, "Federal Sentencing In Financial Crimes Cases (Including An Analysis Of The Recent Blakely v Washington Ruling And Its Implications For Federal Sentencing)" (Los Angeles, July 2004)(USSC)
  • Conference Chair / Panelist, "The Federal Bureau of Prisons: A Course For White Collar Defense Counsel And Their Business Clients" (Los Angeles, 2003)
  • Conference Chair, "Federal Sentencing In Financial Crimes Cases" (Las Vegas and Atlanta, 2000)(USSC)
  • Conference Chair / Panelist, "Federal Sentencing Updates & Strategies" (Los Angeles, 1994, 1995, 1999; San Francisco, 1999)(USSC)
  • Conference Chair / Panelist, "What Every Defense Attorney Should Know About The Federal Bureau of Prisons" (Los Angeles, 1995, 1998, 1999; Seattle, 2000)
  • Conference Chair / Panelist, "Federal Sentencing Updates & Strategies (Los Angeles, 1995) (USSC)
  • Conference Chair / Panelist, "The New Federal Crime Bill" (Los Angeles, 1994)
  • Conference Chair / Panelist, "Key Developments In Federal Criminal Defense" (Los Angeles, 1992)
  • Panelist/Moderator, "Federal Enforcement Policies, Defense Considerations & Judicial Overviews Of White Collar Prosecutions In The '90's" (Federal Bar Assoc, Los Angeles, 1990)
  • Conference Chair / Panelist, "The New Federal Sentencing Guidelines" (Los Angeles, 1988, 1989)(USSC)
  • Conference Chair / Panelist, "Protecting The Corporation & Management From Criminal Prosecution"(2-day conference, San Francisco & New York City, 1987); editor of two-volume course book.
Selected Briefs
Professional Associations:
  • American Bar Association (Criminal Justice Section, White Collar Crime Committee; Legislative Affairs Section)
  • Association of Federal Defense Attorneys (AFDA)
  • National Association of Criminal Defense Lawyers (NACDL)