Linda L. Pence

Phone: 317-833-1100
Email: lpence@pencehensel.com
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Linda Pence is a practicing trial attorney, beginning her legal career with the U.S. Department of Justice in 1974. She has been recognized by her peers as one of the best lawyers in America (“The Best Lawyers in America,” Woodard/White, Inc.) and one of Indiana’s Top Fifty “Super Lawyers.”  Chambers USA has included her in “America’s Leading Business Lawyers”, describing her as “fearsome”, a “terrific courtroom performer”, “quick on her feet” and “effective with witnesses.”  Martindale-Hubbell gives her its highest (AV) rating.

Over the last 36 years, Ms. Pence has gained extensive experience in the investigation, prosecution and defense of corporations and individuals in white collar criminal matters including mortgage and consumer fraud, environmental offenses, Medicare/Medicaid and health care fraud, kickback schemes, bribery, bid-rigging, embezzlement, official misconduct, RICO, insurance fraud, bank fraud, customs and currency violations, securities fraud, and other financial and business improprieties.

In addition to criminal litigation, she has handled a variety of complex civil and regulatory matters, including cases involving civil RICO, civil fraud, environmental clean-ups, insurance,  banking, discrimination, intellectual property, patents,  security enforcement proceedings, qui tam cases, franchises, and business disputes.

Significant Cases and Accomplishments

• As a trial attorney with the United States Department of Justice, Washington, D.C. for nine years (1974-1983), Ms. Pence handled complex civil and regulatory issues (price and allocation controls on petroleum; defense contract audits, housing discrimination claims) and white collar and criminal investigations and prosecutions.  She was Chief, Special Projects Branch, and Deputy Chief, Government Fraud Section. She was responsible for supervising criminal investigative task forces in Florida and Puerto Rico probing mortgage fraud, boiler-rooms (telephone solicitation fraud schemes scamming investors), and health care fraud. While at the Justice Department, she received the Attorney General’s Special Commendation Award and Attorney’s Award from the Association of Federal Investigators (resulting from her supervision over a task force on mortgage fraud).
  
  
• Democratic Candidate for Indiana Attorney General (2008).
  
  
• Former Instructor, FBI Academy, Federal Law Enforcement Training Center, Offices of Inspector General, and Legal Education Institute, Department of Justice.
  
  
• Retained by Indiana Governor Frank O’Bannon to conduct the investigation on behalf of the State of Indiana into the 1999 White River Fish Kill. Represented the State of Indiana in federal court in the civil enforcement action against violators of federal and state environmental laws. Obtained a record settlement of about $15 million, which has been used to fund multiple improvement projects along White River.
  
  
• Successfully represented Central Indiana Shell dealers against Shell Oil Company based upon  claims of unlawful price discrimination, violation of the Indiana Deceptive Franchise Practices Act, breach of contract and fraud.
  
  
• Represented the Indiana Department of Health in conducting an investigation into nursing home practices.
  
  
• Co-counsel with the Indiana Civil Liberties Union in representing class action plaintiffs seeking relief against a municipality for stopping cars illegally without probable cause on the improper basis of race or age. Obtained a Consent Order prohibiting the municipality from engaging in illegal practices.
  
  
• Received the Indiana Civil Liberties Union Richard S. Zweig Corporate Attorney Award (1997).
  
  
• Successfully represented a family business against its bank for improper investment activities and violations of federal and state securities and banking statutes.
  
  
• Represented 7 plaintiffs (a national association and six insurance companies) in their lawsuit against 49 defendants in one of the largest workers compensation insurance fraud schemes uncovered in the State of Indiana.
  

Education

• Indiana University, B.A., 1971
• Indiana University School of Law, J.D., 1974

Memberships

• Indiana State Bar Association (Chairperson, Federal Judiciary Committee, 1988-1991)
• Member, Board of Governors, Seventh Circuit Bar Association
• Federal Bar Association, Indianapolis Chapter (President, 1991)
• Indianapolis Bar Association
• District of Columbia Bar Association
• American Bar Association, Member of the Litigation and Criminal Justice Sections; Co-Chair, Complex Crimes Committee, Litigation Section (1987-1990)
• Indiana Trial Lawyers Association
• National Association of Criminal Defense Lawyers

Community Involvement

• Past President, Indianapolis Metropolitan Police Merit Board and its predecessor Marion County Sheriff’s Merit Board from 2003 to 2009
• Founding member and past president, Board of Directors, Indiana Federal Community Defenders, Inc. (for the United States District Court for the Southern District of Indiana)
• Co-Secretary and Member, Indianapolis Metropolitan Police Motorcycle Drill Team
• Member, Board of Directors and Audit Committee, Indianapolis Symphony Orchestra
• Member, Indiana University Law School - Indianapolis, Board of Visitors from 1990 to the present; Past President, 1996 - 1997
• Member of the Marion County Sheriff’s Pension Board from 2003 to 2006