Federal Criminal Defense
Since 1989, Mr. Nicolaysen has concentrated exclusively in federal criminal defense, representing both individuals and businesses in a wide variety of pre-indictment and post-indictment proceedings. Over his career, he has represented over 500 clients in federal criminal matters 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. All online seminars are provided at no charge to AFDA members.
AFDA home page:
Licensed in California (1981). Admitted to practice in the following federal courts: Central District of California (1982), Ninth Circuit Court of Appeals (1982)
J.D. 1980, magna cum laude, Benjamin Cardozo School of Law (Yeshiva University), New York City;
B.A. 1977, Dartmouth College (with distinction in Government major);
M.A. 1989, Psychology, California Graduate Institute
AV-Rated by Martindale-Hubbell
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
Voted one of Southern California's Super Lawyers in years 2004 and 2011
Assistant Regional Director, Federal Trade Commission, Los Angeles (1988-89)
CJA Indigent Defense Panel, U.S. District Court, Central District of California (1984-87, 1989-present)
Mr. Nicolaysen has conducted numerous online seminars on various topics in the field of federal criminal defense litigation. A sample online video seminar can be accessed below.
Online Video Seminars:
Moderator-Panelist, "Defending The High-Profile Corporate Prosecution: Defense Strategies And Lessons Learned" (2012)
Moderator-Panelist, "Conducting Proffer Sessions: Risks And Defense Strategies" (2012)
Moderator-Panelist, "U.S. Supreme Court Updates (Criminal Law)" (2012)
Moderator-Panelist, "Health Care Fraud Enforcement" (2011)
Moderator-Panelist, "Bureau Of Prisons Updates For The Defense Bar" (2011)
Moderator, "Federal Sentencing Updates With Professor Doug Berman" (2011)
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, 2005)(USSC)
Conference Chair / Panelist, "Federal Sentencing In A New Era After Booker / Fanfan" (Los Angeles, 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, 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
Editor, Corporate Criminal Liability Reporter (quarterly, 1986-1990)
Michael Banyard v William Duncan, warden, 2004 U.S. Dist. LEXIS 20634 (C.D. Cal. Oct. 4, 2004) [link to opinion below]
United States vs. Javier Vasquez-Velasco, 15 F.3d 833 (9th Cir. 1994),
United States v. Richard Miller, 984 F.2d 1028 (9th Cir. 1993)
CJA Indigent Defense Panel, U.S. District Court, Central District of California (1984-87, 1989-present)