Brett Switzer focuses his practice on a wide array of complex civil and criminal defense work in federal government enforcement and investigation contexts. Additionally, Brett handles internal investigations, regulatory compliance matters, and provides general counsel to corporate clients.
Brett has significant experience representing clients in the healthcare, financial services, government contracts, and public governance sectors, including defensive qui tam litigation, banking litigation, securities litigation and arbitrations, and other matters of public interest including matters litigated under the Civil Rights Act.
Prior to beginning his work in private practice, he completed a summer clerkship under the Honorable Judge Wendy L. Hagenau in the United States Bankruptcy Court for the Northern District of Georgia and then cut his teeth handling high-volume creditors rights work in federal bankruptcy court.
Representative Experience
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
Government Enforcement and Investigations; Regulatory Compliance
- Internal Investigations and Regulatory Compliance
- Worked with TSA to develop compliance program for Fortune 50 company resulting in reduced penalty in eight figure enforcement action and nation-wide model for safety program.
- Represented Fortune 50 company in investigations by TSA regarding compliance with indirect air carrier regulations, always resulting in no corrective action and no penalties.
- Represented Fortune 50 and Fortune 500 companies in relation to alleged kickbacks to foreign officials and other alleged international corruption including development and implementation of investigation plans and compliance programs.
- Represented government contractor with internal investigation, report, and compliance plan implementation in response to whistleblower allegations related to False Claims Act (FCA) and Davis-Bacon Act compliance programs.
- Represented employer with internal investigation, report, and compliance plan implementation in response to external allegations calling into question DOL and federal immigration law compliance programs.
- Represented federally funded housing authority with internal investigation, report, and action plan regarding, inter alia, HUD compliance program in response to whistleblower allegations related to same and alleged whistleblower retaliation.
- Developed investigation strategy and plan for large global logistics client in response to whistleblower complaint alleging payment of bribes to third party operators in Latin America in exchange for alleged concealment of quality control deviations in violation of applicable U.S. Food and Drug Administration (FDA), Customs and Border Protection (CBP), and Transportation Security Administration (TSA) regulatory standards and other federal anti-bribery and corruption laws and foreign equivalents.
- Defense of Criminal Prosecutions
- Defended pharmacist facing 33-count indictment in compounding pharmacy case alleging violations of FCA, Anti-Kickback Statute (AKS), wire fraud, and money laundering.
- Defended pharmaceutical company in parallel criminal and administrative actions by CA DOJ and OSHPD under California CTRx laws, including comprehensive constitutional law challenges.
- Represented a former National Security Agency (NSA) contractor charged with high-profile Espionage Act violation in SDGA from indictment through sentencing including post-conviction proceedings and multiple appeals to the Eleventh Circuit Court of Appeals.
- Represented research scientist in a federal criminal prosecution investigated by the Department of Homeland Security U.S. Immigration and Customs Enforcement Homeland Security Investigations (DHS ICE HSI), Department of Commerce (BIS), and Federal Bureau of Investigation (FBI), and prosecuted by the Department of Justice (DOJ) under the International Emergency Economic Powers Act (IEEPA) resulting in post-indictment declination to prosecute and dismissal of charges.
- Represented corporate client and principal in criminal investigation regarding $400,000+ in cash seized by CBP at airport, resulting in declination to prosecute.
- Represented several corporate and individual clients in government investigations resulting in declinations, witness status, cooperation credits, and/or civil/administrative resolutions.
- Defense of Civil Actions
- Defended Fortune 200 company in qui tam action under the FCA, resulting in pre-discovery dismissal under first-to-file rule and public disclosure bar.
- Represented Fortune 200 company in 31 U.S.C. §3730(h) whistleblower retaliation lawsuit stemming from alleged FCA violations, resulting in dismissal at pleadings stage.
- Represented medical device manufacturer in FCA qui tam case brought in NDGA under an implied false certification theory, resulting in declination by United States and settlement for nominal amount approved by the court.
- Represented corporate clients and individual in relation to parallel civil and criminal investigations into securities fraud and civil prosecution under Section 17(a) of the Securities Act of 1933 Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder in USDC NDGA, resulting in civil settlement of all issues.
- Responses to Government Process
- Represented large government contractor with response to CID and government investigation into cost accounting practices under Defense Contract Audit Agency (DCAA), Federal Acquisition Regulation (FAR), Cost Accounting Standards (CAS), and other applicable standards.
- Represented executive of large electronic health records (EHR) company with response to CID and parallel government investigations into potential FCA exposure under false certification and kickback theories, resulting in declination to prosecute both civilly and criminally.
- Responded to probe by Senate Investigative Committee on Finance into federal tax issues.
- Represented corporate clients and individuals in relation to civil, criminal, and forfeiture allegations of immigration fraud and abuse through the H-1B visa program.
- Represented various other corporate clients and their executives in relation to grand jury subpoenas in various contexts including healthcare, securities, immigration, clinical trials, domestic and international fraud, public corruption, and government contracts.
- Victim Representation and General Corporate Counsel
- Represented victims and witnesses and provided general corporate counsel in civil and criminal enforcement contexts including cases involving patent and trademark infringement, long-term care and elder abuse, mail and wire fraud, e-theft, and embezzlement.
- Advised clients in matters related to federal tax, corporate governance, and shareholder disputes, including exit strategies, voluntary disclosures, and cooperation agreements.
- Work with corporate clients to evaluate potential exposure and materiality, prepare required disclosures, and coordinate public relations strategies.
- Forfeiture and Federal Tax Lien Disputes
- Resolved civil, criminal, and administrative forfeitures (remission, penalty abatements, etc.):
- Innocent lienholder cases for lenders and loan servicing companies;
- Offer in compromise regarding $400,000+ seized by CBP at airport.
- Represented banks with federal tax lien disputes resulting from allegedly defective deeds.
- Resolved civil, criminal, and administrative forfeitures (remission, penalty abatements, etc.):
Corporate Restructuring and Bankruptcy; Financial Services Litigation
- Handled high volume creditor rights litigation in chapter 7, chapter 11, and chapter 13 bankruptcy proceedings.
- Prosecuted affirmative civil actions (including fraud cases) and other collection actions on behalf of financial institutions including a $12 million bank fraud judgment collected by veil piercing/alter-ego.
- Defended private securities litigation, SEC enforcement actions, and FINRA arbitrations.
- Handled contract disputes, loan restructurings and workouts, real estate and other asset-based financing deals, foreclosures, receiverships, assignments, and post-judgment collection activities.
Professional and Civic Activities
- Member, Federal Bar Association
- Member, American Bar Association
- Business Law Section
- Section of Litigation, Young Advocates Committee
- Member, Atlanta Bar Association
- Member, CURE Young Professional Leadership Council
- Member, Georgia State University Law Alumni Council
- Current President, Executive Committee
- Past Chair, Student Relations Committee
Publications and Presentations
Publications
- Co-Author, "Reassessing the Overexpansion of RICO in White Collar Cases," The White Collar Crime Committee Newsletter, ABA Criminal Justice Section, Winter/Spring 2022
- Co-Author, “Compassionate release — a prisoner's dilemma revisited,” Westlaw, September 27, 2021
- Interviewed, “Law Alumni Council President, Brett Switzer, wants students to take advantage of every opportunity,” Georgia State News Hub, February 5, 2021
- Co-Author, "A Prisoner's Dilemma: COVID-19 and Motions for Compassionate Release," Westlaw, May 28, 2020
- Co-Author, "Lessons for General Counsel from Recent Cyberattack on the U.S. Office of Personnel Management," Daily Report, August 2015
- Co-Author, "Silence Is Golden? Rose and Its Focus on Real Property Surrendered in Chapter 13," American Bankruptcy Institute Journal, January 2015
Speaking Engagements
- Panelist, Womble Bond Dickinson (US) LLP’s First Annual Health Care Fraud Symposium, March 14, 2023
- Presenter, Post-Conviction Relief including Compassionate Release, ABA Criminal Justice Section White Collar Crime Institute, September 7, 2022
- Speaker, "Types of Health Care Fraud & Department of Justice Focus," South Carolina Bar Health Care Fraud Institute, November 2019
Honors and Awards
- Recognized in Best Lawyers: Ones to Watch in America (BL Rankings), Criminal Defense: White Collar and Commercial Litigation (2021 - Present); Corporate Governance & Compliance Law (2023)
- Recognized in Georgia Super Lawyers – Rising Stars (Thompson Reuters) (2020-2023)
- Recognized in Georgia Trend magazine’s Legal Elite, Bankruptcy/Creditors' Rights, 2013, 2015
