Hervé Gouraige

Hervé Gouraige

Member
 

Hervé Gouraige is a Member of the Sills Cummis & Gross Litigation Practice Group. Mr. Gouraige is a civil and criminal litigator/trial lawyer who practices in the areas of white collar criminal defense, securities litigation, federal and state RICO actions, health care fraud litigation (False Claims Act and kickback cases), internal corporate investigations, general commercial litigation, including class actions, and antitrust litigation.  He has represented corporate and individual clients in all types of civil and criminal matters in federal and state courts throughout the country. Mr. Gouraige uses his skills, experience, and legal knowledge to develop innovative approaches to solve client problems without necessarily going to trial, although his trial skills have been highly praised.

Examples of Innovative Approaches Used in Solving Clients’ Problems

  • In a recent commercial mortgage foreclosure in New Jersey, Mr. Gouraige’s client, the defendant-mortgagor, asserted a defense of fraud by a third party who allegedly conspired with the mortgagee to defraud the defendant.  In the second day of trial, in August 2015, after Mr. Gouraige announced that he would call the third party as the next witness, that person brokered a settlement that resulted in an agreement to pay-off the mortgage and to pay Mr. Gouraige’s client a substantial sum to settle claims over certain related properties. 
  • In a recent SEC investigation regarding an investment fund in the life insurance settlement business, Mr. Gouraige persuaded the staff of the Regional Office in Philadelphia not to recommend to the Commission filing of any charge against his client.
  • With more than 30 criminal and civil trials, jury and non-jury, Mr. Gouraige is an experienced trial lawyer whose courtroom skills have been highly praised.  After obtaining an acquittal for his client in a case in Salem, VA, the trial judge praised Mr. Gouraige’s trial skills:  “I might say to your counsel sitting next to you that I have been around a long time, some forty-six years at the bar, and I haven’t heard a finer argument than he made.” In his most recent public criminal representation, Mr. Gouraige was counsel to a former president of the United Nations General Assembly.

Mr. Gouraige served as an Assistant United States Attorney in the Southern District of New York under U.S. Attorney Rudolph Giuliani (1984-91).  He handled criminal cases involving business fraud, tax fraud, health care fraud, and national security.  In 1985, Mr. Gouraige was the first Assistant designated to handle health care fraud cases in the Southern District of New York.  During his term as Assistant U.S. Attorney, Mr. Gouraige was awarded the Superior Achievement Award by the Department of Health and Human Services for significant contribution in fighting fraud in the Medicare and Medicaid programs, and the Department of Justice Director’s Award for Superior Performance for his successful handling of a four-month bank fraud trial.

Mr. Gouraige is an active member of the bar and the community.  He is the chairperson of the Oxford-Cambridge Boat Race New York City Dinner Committee.  He has served as president of the Harvard Law School Association of New Jersey.  He is a member of the Litigation Counsel of America, an invitation-only trial lawyer honorary society, and a Trustee Emeritus (and former President) of the Board of Trustees of the Newark School of the Arts.  He is a former member of the New Jersey and New York Rhodes Scholarship Selection Committees.  Mr. Gouraige has served as a member of the Board of Directors of the Urban League of Hudson County (New Jersey) and The Legal Aid Society in New York (2002 - 08).  By appointment of the Mayor, Mr. Gouraige served on the Judicial Advisory Committee of New York City under Mayor Rudolph Giuliani.

Mr. Gouraige has taught trial advocacy for the National Institute of Trial Advocacy at Hofstra University Law School, where he served as a Team Leader.  He has also taught trial advocacy at Widener University School of Law and at Benjamin N. Cardozo School of Law.

Mr. Gouraige lectures for the ABA, ALI-ABA and PLI on civil and criminal matters.  He is an elected member of the American Law Institute, and he has written a number of articles for professional journals and a recent article on insider trading has been accepted for publication later in 2016 by the Rutgers University Law Review.

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Court Admissions

U.S. Supreme Court
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. District Court, District of New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

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The Best Lawyers in America®* 2013-2017, Commercial Litigation

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Affiliations

Member, American Bar Association, White Collar Crime Committee, Health Care Fraud and Abuse Subcommittee
Member, American Law Institute
Member, Federal Bar Council
Member, National Bar Association
Fellow, Litigation Counsel of America
Member, New Jersey State Bar Association
Member, Garden State Bar Association
Member, New York State Bar Association
Member, Association of the Bar of the City of New York
Member, New York Criminal Defense Council
Member, American Health Lawyers Association
Chair, 2015 Oxford-Cambridge Boat Race Dinner Committee
Trustee Emeritus and former President of the Board of Trustees, Newark School of the Arts
Former President, Harvard Law School Association of New Jersey