GregPhoto_012112.jpg

Practice devoted exclusively to
federal criminal defense
(since 1989)

 

  • Defense Of Individuals And Business Entities In Federal Criminal Investigations And Prosecutions

    •

  • Certified Specialist, Criminal Law

  • Has Represented Over 500 Clients In Federal Criminal Proceedings

  • White Collar / Corporate Criminal Defense

  • Representation of witnesses before federal grand juries

  • Adviser nationally to companies and counsel of record on pre- and post-indictment federal criminal matters

Gregory Nicolaysen, Esq.

Visit The Association Of Federal Defense Attorneys

27240 Turnberry Lane, Suite 200, Valencia, CA 91355 (Los Angeles County)
Direct Line (Blackberry): (818) 970-7247
Email to Blackberry: gregnicolaysen@aol.com
Fax: (661) 252-6023

Send An Email Message

Certified by the California State Bar as a Specialist in Criminal Law (since 1997).
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, 2011
[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

 

Description Of Practice:
  • Mr. Nicolaysen specializes in the representation of individuals and business entities in federal criminal prosecutions and pre-indictment proceedings and investigations. Since 1989, he has represented over 500 clients and has substantial criminal trial experience in federal court. His practice includes serving as an outside consultant to private attorneys and firms on federal criminal matters, working behind the scenes in an advisory role that covers a wide spectrum ranging from the early stages of government investigations through trial.

  • Mr. Nicolaysen is the founder of the Association Of Federal Defense Attorneys (AFDA), an Internet-based community located at www.afda.org which provides online seminars and resources for the federal defense bar and professional service providers.

  • For over twenty years, Mr. Nicolaysen has chaired numerous continuing education seminars on topics in the field of federal criminal defense and currently hosts online video seminars for the federal defense bar on the AFDA web site. (See listing below). All online seminars are provided at no charge to AFDA members.
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.
  • Federal Indigent Defense Panel, U.S. District Court, Central District of California (1984-87, 1989-present)
    • Has represented hundreds of defendants in federal prosecutions, including numerous complex white collar crime, racketeering and narcotics cases.
  • 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:

Printed Journals

Online Video Seminars For The Defense Bar On The AFDA Web Site

Online Audio Webcasts For The Defense Bar On The AFDA Web Site

  • Updates on Blakely v. Washington As We Await The Booker / Fanfan Ruling (November 2004)
  • Updates on Rulings Within the Ninth Circuit Applying U.S. v. Ameline (November 2004)

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.
Sample Writings
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 )