Gina Simms

Gina is a principal in Ober|Kaler's Government Investigations and White Collar Defense Group. She brings over 17 years’ experience litigating complex white collar and other criminal matters, including health care fraud, financial fraud, tax fraud, government contract fraud, and corporate fraud. Prior to joining the firm, Gina served as an Assistant U.S. Attorney in the U.S. Attorney's Office in Maryland, as well as in the District of Columbia. Gina earned her J.D. from George Washington University Law School and B.A. from Swarthmore College.

1.      To better understand your practice area, when potential clients face the threat of a government investigation, you may represent them by evaluating the legal and business risks. Since your experience involves complex cases regarding fraud, how do you start to evaluate each case?
I work principally with our firm’s health law clients, e.g., large providers such as hospitals systems. When a client comes in through the door, I’m always trying to assess the client’s problems from what I call the “view from 30,000 feet.” In other words, as I review the preliminary documents and information provided to me by the client, I ask myself, “is this an administrative, civil or criminal matter?” “Is it all three?” I’m simultaneously trying to consider the ramifications of each. For me, it’s always about the “what-ifs.” It helps me to decide which witnesses to interview first, and aids me in preparing for the possible worst-case scenario.

2.     So, you start as a problem-solver, by reviewing and analyzing from a high-level perspective?
Yes, my mentors and teachers have taught me to think as expansively as possible. I start my analysis of each case by considering the ramifications of the conduct under review. I literally draw lines down a piece of paper to create three columns. I label the columns “administrative,” “civil,” and “criminal,” and then describe under the appropriate column(s) the evidence that I have gathered to date.

3.      With your experience serving as Assistant U.S. Attorney in both Maryland and DC, how does it impact your ability representing clients today?
In private practice, those prosecutorial skills help me to understand what prosecutors are looking for in their cases. I understand what they emphasize; their focus. You develop a sense of strategy and timing. For instance, if your client is indicted with other individuals, do you want to be the first person “in the door” to resolve a case? It’s this strategic/tactical thinking that can make a huge difference.

4.     You earlier spoke of mentors and teachers, how have they impacted your career?
I’ve had great teachers and mentors over the years and I firmly believe that you do not get anywhere on your own. If you’re lucky, you have very good teachers along the way and you need to be wise enough to listen to them. I have received extraordinarily helpful advice and legal training during my career.

5.     Will you share a few key lessons learned from your mentors?
The common thread among my mentors is that each and every one of them believed in me and in my abilities. They taught me to be thorough, to pay attention to detail, to keep pushing myself, and to not give up until I have an answer to my question. They also taught me to have patience. Most importantly, they taught me how to think; how to become a better lawyer, but to also remember to be a true human being–in other words, to treat people well.

6.      What advice would you give to others who are looking for mentors and teachers who make a difference?
Step 1: Be curious. Be inquisitive.
Step 2: Realize that you don’t know everything. Be open-minded.
Step 3: Reach out to others. Most people want to help but they don’t always get asked to help. By following-up with a new acquaintance, a relationship often gets started.
Step 4: Recognize that a mentor is not a “7-Eleven:” not “one-stop shopping.” One person can teach you one thing and you may learn something different from the next person who you encounter.
Step 5: Trust the process.
Step 6: Remember that there will be those people who mentor you and those who you will mentor.

7.     When initially practicing law, what motivated you to litigate criminal matters before federal and state courts? 
I have to go back to mentoring.  I finished law school and was clerking for a judge and a defense attorney appeared in front of the judge for a trial. I eventually went to work for that defense attorney.  He was savvy enough to understand me.  He directed me to the U.S. Attorney’s Office (DC) and told me that I should apply to the office because it was “the best job in America for young lawyers.”  I listened to him and he was right. Unquestionably, in my view, being an Assistant U.S. Attorney is the best job in America for young lawyers.

8.     From your experience, would you then recommend it to other young lawyers? 
Yes, I can’t think of another job that gives you that level of autonomy and authority. It teaches you extraordinary interpersonal skills, and how to think on your feet. It also teaches you how to be resourceful and resilient.  I know that I wouldn’t be the lawyer who I am today without that experience.

9.     How do you decompress when a case is concluded and you’ve gone through probably months, or years, of taking-in a white collar crime case?

• Exercise is key. I love to walk, so I try for 3 – 4 miles every day.
• Chocolate!
• Travel.
• Believe or not, crossword puzzles.

10.     Do you watch these television shows like, Law and Order?  If so, what’s your response to them?
Sure, I’ve watched Law and Order – Criminal Intent, and The Closer is one of my favorites. I find them to be very entertaining. I watch them mostly for entertainment value.  Although, sometimes I find that I test my knowledge of the law and rules of evidence when I watch an episode.  I ask myself “Do they have the objection right, or are they following the rules of evidence?”  Law and Order is good drama and a way to relax.

11.    Any last thoughts or sage advice on mentoring?
Yes, mentoring has been a large part of what I do in my spare time.  I’ve mentored students in high school, college, and law school. I have also mentored young attorneys.  Younger people keep me fresh and my ideas fresh.  They give me a new or different perspective and they educate me on how they see the world.  That perspective is indispensable to me in learning to think “outside of the box.”  I also learned from my parents, whom I admire so much, that everyone can teach you something, irrespective of their title or position.  My parents always taught me to treat everybody with dignity and with respect.  Finally, I truly do believe that while we are here to be taught, we are also here to teach others.