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Joseph Burby is a former federal prosecutor whose practice focuses on white-collar criminal defense, corporate internal investigations and complex civil litigation.

A trial lawyer with more than 20 years of experience, Mr. Burby regularly defends companies and individuals in criminal and civil investigations by the Department of Justice and U.S. Attorney's Offices across the country, as well as in regulatory investigations and civil enforcement actions by agencies such as the SEC, HHS-OIG, FDA, EPA and FDIC. He also conducts internal investigations on behalf of corporations, boards of directors and board committees and counsels them on remedial actions and disclosure decisions.  Mr. Burby has successfully handled cases involving health care fraud, securities fraud, the False Claims Act, antitrust violations, the Foreign Corrupt Practices Act, RICO violations, tax fraud, environmental violations, money laundering, immigration offenses and mortgage fraud, among other subjects.

Mr. Burby often counsels companies going through critical situations, whether caused by law enforcement actions or other major disruptive events. He has experience working with law enforcement agents and regulators with nearly every agency of the federal government and uses that experience to help companies respond to these difficult situations. 

Prior to joining the firm, Mr. Burby served for five years as an Assistant U.S. Attorney for the Northern District of Georgia. As a federal prosecutor, Mr. Burby investigated and prosecuted a wide range of offenses but focused primarily on public corruption and white-collar crimes.  He successfully tried numerous cases, including the first criminal securities fraud trial in Georgia and a capital case in which the jury returned a death sentence, and also briefed and argued cases before the Eleventh Circuit Court of Appeals.  He was involved in several high-profile cases, most notably the successful prosecution of Centennial Olympic Park bomber Eric Rudolph.  Mr. Burby received The John Marshall Award, one of the Justice Department's highest honors, for his work on the Rudolph case.

Earlier in his career, Mr. Burby served as an Assistant District Attorney in the Fulton County District Attorney's Office in Atlanta, where he was a member of the Major Felony Unit and successfully tried numerous homicide and other complex, high-profile cases.

Civic Involvement & Honors

    • Federal Defender Program –  Board of Directors
    • Georgia Super Lawyer (White Collar Criminal Defense, 2012-2016)
    • Georgia Rising Star (White Collar Criminal Defense, 2007-2011)
    • Georgia Trend Magazine's "Georgia's Legal Elite" 
    • The John Marshall Award, Outstanding Legal Achievement for Participation in Litigation, U.S. Department of Justice, September 2006
    • Director’s Award, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, June 2006
    • Georgia Rising Star (White Collar Criminal Defense, 2007-2011)
    • Georgia Trend Magazine's "Georgia's Legal Elite" 
    • The John Marshall Award, Outstanding Legal Achievement for Participation in Litigation, U.S. Department of Justice, September 2006
    • Director’s Award, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, June 2006
    • The John Marshall Award, Outstanding Legal Achievement for Participation in Litigation, U.S. Department of Justice, September 2006
    • Director’s Award, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, June 2006
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Professional Affiliations

    • American Bar Association – Criminal Justice Section, White Collar Crime Committee
    • Federal Bar Association – Atlanta Chapter
    • State Bar of Georgia – Criminal Law and Health Law Sections
    • Atlanta Bar Association – Criminal Law Section
    • State Bar of Georgia – Criminal Law and Health Law Sections
    • Atlanta Bar Association – Criminal Law Section
    • Atlanta Bar Association – Criminal Law Section
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Representative Experience

  • Represented leading healthcare IT company in landmark False Claims Act case involving federal government’s “Meaningful Use” electronic health record (EHR) incentive program.  The case marked the first time the DOJ had brought FCA claims against an EHR vendor for payments made to physicians pursuant to the program.  Result:  Negotiated favorable non-admission civil settlement and first of its kind CIA involving software quality assurance monitor.
  • Represented one of world’s largest banks in formal SEC investigation related to alleged mismarking of CDS portfolios to conceal losses. Result: No action filed by SEC and investigation closed.
  • Represented executive director of hospice company in False Claims Act investigation and parallel criminal investigation by U.S. Attorney’s Office related to alleged Medicare overbilling and violations of the Anti-Kickback Statute. Result: Client was not charged.
  • Represented aircraft parts distributor in parallel FAA and DOJ investigations related to the shipment of hazardous material.  Result:  Negotiated favorable settlement with FAA for modest fine and Non-Prosecution Agreement with DOJ, such that neither the company nor any of its employees were criminally prosecuted.
  • Represented technology company in False Claims Act investigation by DOJ and Department of Defense related to alleged violation of the Small Business Administration’s 8(a) regulations. Result: After a lengthy investigation, the DOJ declined to file suit and the investigation was closed.
  • Represented foreign executives of major auto parts manufacturer in criminal investigation by DOJ Antitrust Division and related investigation by European Commission.
  • Counseled major international corporation on FCPA compliance and internal legal risk assessment of global operations.
  • Represented CFO of nationwide department store chain in formal SEC investigation of accounting errors that resulted in restatement. Result: No action filed against client.
  • Conducted internal investigation on behalf of audit committee of bank related to allegations that bank president caused certain assets to be overvalued, including reports to committee, board of directors and banking regulators. Result: No action taken by regulators.
  • Represented food manufacturer in DOJ False Claims Act investigation and parallel criminal investigation related to allegations it conspired to defraud the U.S. military in connection with contracts to supply food to troops stationed in the Middle East. Result: No charges filed against company or any of its employees.
  • Represented quality assurance manager of major food manufacturer in criminal investigation by DOJ and FDA related to nationwide salmonella outbreak. Result: Client was not charged.
  • Represented former CEO of hospital in criminal investigation by U.S. Attorney’s Office related to alleged violations of Anti-Kickback Statute based on relationship between hospital and large physician group. Result: Client was not charged.
  • Represented food distributer in criminal investigation by U.S. Attorney’s Office and Department of Homeland Security related to alleged employment of undocumented workers. Successfully negotiated deferred prosecution agreement. Result: No employees were charged.
  • Represented defense contractor in non-intervened False Claims Act case involving allegations that client overbilled for services provided at military base. Result: Case settled for nominal sum after motion to dismiss filed.
  • Represented bank in threatened FDIC enforcement action for alleged violations of Section 5 of the Federal Trade Commission Act and parallel DOJ civil fraud investigation related to bank’s former ACH processing division. Result: No action filed by FDIC or DOJ.
  • Represented former CEO of hospital and two in-house attorneys as third-party witnesses in False Claims Act lawsuit.
  • Represented CFO of failed bank in prosecution of alleged $90 million bank fraud scheme brought by U.S. Attorney’s Office. Client’s guideline range was 97-121 months. Result: Successfully negotiated plea deal which resulted in 20-month sentence.
  • Represented manufacturing company in criminal investigation by U.S. Attorney’s Office and EPA of alleged Clean Water Act violations. Result: Client was not charged or even fined.
  • Represented individual in DOJ Antitrust Division criminal investigation of alleged bid rigging in connection with real estate foreclosure auctions. Result: Client was not charged.
  • Represented employees of home healthcare company in DOJ False Claims Act investigation related to alleged Medicare and Medicaid overbilling.
  • Represented individual charged with trafficking in counterfeit goods and various intellectual property crimes. Client was acquitted of all charges following two-week jury trial in federal court in Atlanta.
  • Represented employees of hospice company in False Claims Act investigation by U.S. Attorney’s Office related to billing for services rendered to allegedly ineligible patients.
  • Represented executive of cigarette distributor in investigation by U.S. Attorney’s Office and ATF alleging diversion of millions of dollars of cigarettes to avoid various federal and state taxes. Result: Client was not charged.
  • Represented defense contractor accused of disclosing classified information in criminal investigation by U.S. Air Force Office of Special Investigations. Result: No charges filed.
  • Represented U.S. Senator in DOJ public corruption investigation of Washington lobbyist Jack Abramoff. Result: Client was not charged.
  • Represented prominent health care non-profit association in Congressional investigation relating to pharmaceutical marketing
  • Represented Quality Assurance Manager of large food manufacturer in criminal investigation by FDA and DOJ relating to nationwide salmonella outbreak
  • Represented former General Counsel of Fortune 500 company in options backdating investigation by SEC and related shareholder litigation
  • Represented large manufacturing company in criminal investigation of Clean Water Act violations by EPA and DOJ
  • Represented major food manufacturer and government contractor in civil False Claims Act case and related federal grand jury investigation
  • Represented Audit Committee of national bank in internal investigation of bank’s Chairman and CEO for ethical violations and other misconduct
  • Represented defense contractor accused of disclosing classified information in criminal investigation by U.S. Air Force Office of Special Investigations

Publications

  • “Successfully Mediating Healthcare False Claims Act Cases – Step One: Know Your Damages,” Health Care Fraud Institute, Georgia ICLE Seminar, December 2017
  • "The Inside Story on Insider Trading After U.S. v. Newman,” White Collar Crime, Georgia ICLE Seminar, co-authored with Danielle Parrington, February 2016
  • "U.S. v. Ruehle:  Ninth Circuit Revisits 'Treacherous Path' Traveled by Corporate Counsel in Conducting Internal Investigations," Corporate Counsel Institute, Georgia ICLE Seminar, co-authored with Edwin M. Cook, December 2009
  • "Federal False Claims Act Amended to Significantly Expand Liability," Client Bulletin, co-authored with Edwin M. Cook, May 2009  
  • “Off the Chart: The U.S. Sentencing Guidelines Become Increasingly Irrelevant in the Wake of the Market Meltdown,” White Collar Crime Report, BNA, Inc., co-authored with Paul Monnin, April 2009
  • "Dead Companies Can Tell Tales," Legal Times, co-authored with Paul Monnin, March 2009
  • "Effective Use of Pretrial Motions in Criminal Health Care Fraud Cases," Southeastern Health Care Fraud Institute, Georgia ICLE Seminar, December 2008
  • “Restrictions on Information Sharing Between Civil and Criminal Government Lawyers in Federal Health Care Fraud Investigations,” ABA National Institute on Health Care Fraud, co-authored with Ann Ferebee, May 2008
  • “Legislation Proposed to Govern Use of Deferred Prosecution Agreements, Selection of Corporate Monitors, in Corporate Fraud Investigations,” Mondaq, co-authored with Ann Ferebee, February 2008
  • “Tax Offenses,” Federal Sentencing for Business Crimes Treatise, Matthew Bender, co-authored with Ralph Caccia, December 2007
  • “Return of the Responsible Corporate Officer Doctrine: What You Don't Know Can Hurt You,” Southeastern Health Care Fraud Institute, Georgia ICLE Seminar, co-authored with Ralph Caccia, September 2007
  • “Significant Changes to Federal False Claims Act Proposed by Senator Grassley,” Client Alert, co-authored with Ralph Caccia, September 2007
  • “Guilty Verdict in First Options Backdating Trial May Embolden Prosecutors,” Client Alert, co-authored with Scott Sorrels and Stacey Evans, August 2007
  • “The ICE-Man Cometh; Workplace Raids Mark New Homeland Security Strategy,” Fulton County Daily Report, co-authored with Rebecca Sigmund, July 2007
  • “Life After Crawford: The Continued Evolution of the Confrontation Clause,” Federal Criminal Practice, Georgia ICLE Seminar, co-authored with Stacey Evans, May 2007
  • “Customs Enforcement of Intellectual Property Rights: An Overview of the Responsible Enforcement Agencies and Discussion of Recent Cases,” International Section of the State Bar of Georgia, Annual Conference, co-authored with Paul Murphy, April 2007

Speaking Engagements

  • “Successfully Mediating Healthcare False Claims Act Cases,” Health Care Fraud Institute, Institute of Continuing Legal Education in Georgia, December 2017
  • “Damages and Liability to Federal Health Programs,” HCCA Healthcare Enforcement Compliance Institute, October 2017
  • "Medicaid Fraud Enforcement," Workshop Leader, ABA National Institute on Health Care Fraud, May 2016
  • "Hot Topics in White Collar Crime," White Collar Crime, Georgia ICLE Seminar, February 2016.
  • “When State and Federal Health Care Laws Collide – Application of the Stark Law to Medicaid Claims and Advice on Protecting a State Law-based Peer Review Privilege During a Federal Health Care Fraud Investigation,” Presenter, West LegalEdcenter Webinar, September 2015
  • “Medicaid Fraud Enforcement,” Workshop Leader, ABA National Institute on Health Care Fraud, May 2015
  • "Developments in Anti-Kickback and Stark Enforcement," Health Care Fraud Institute, Institute of Continuing Legal Education in Georgia, December 2014
  • "Managing the Internal and External Issues Associated with a Government Investigation - A View from the Inside," White Collar Crime, Institute of Continuing Legal Education in Georgia, January 2014
  • "The Government's Increasing Focus on Quality of Care and Medical Necessity: Fifty Shades of Gray?" Health Care Fraud Institute, Institute of Continuing Legal Education in Georgia, December 2012
  • "Inside and Out:  The Interplay Between In-House Counsel and Outside Counsel in Compliance and Investigations," Society of Corporate Compliance and Ethics, Southeast Regional Conference, October 2012
  • "Foundations of and Ethical Considerations in White Collar Law," ABA National Institute on Health Care Fraud, May  2012
  • "Defending an FCPA Case:  Reactive Strategies & Making Voluntary Disclosures," International Business & Crime, Georgia ICLE Seminar, April 2012
  • "Government Investigations," Federal Bar Association, Atlanta Chapter Luncheon, February 2012
  • "Watching Your Step:  Identifying and Dealing with Complicated Issues that Can Undermine an Internal Investigations," White Collar Crime, Georgia ICLE Seminar, January 2012
  • "Enforcement Priorities of the Obama Administration and Practical Implications for Compliance Programs," Health Care Compliance Association, Southeast Regional Annual Conference, January 2010
  • "Bank Failures: The Coming Wave of Investigations & Prosecutions, " White Collar Crime, Georgia ICLE Seminar, January 2010
  • "Corporate Compliance Update," Corporate Counsel Institute, Georgia ICLE Seminar, December 2009
  • "Designing the Investigation: Audiences, Scope and Personnel," Corporate Internal Investigations, Georgia ICLE Seminar, March 2009
  • "Preparing/Packaging Your Case for Criminal Prosecution and Cooperating with Law Enforcement Authorities," Georgia Chapter of the Association of Certified Fraud Examiners, March 2009
  • "The Last Resort: Going to Trial," Southeastern Health Care Fraud Institute, Georgia ICLE Seminar, December 2008
  • "Criminal Enforcement: Dealing with the Antitrust Division," Antitrust Law Basics, Georgia ICLE Seminar, November 2008
  • “Criminal Law for Non-Criminal Lawyers,” Georgia ICLE Seminar, November 2008
  • “Export Controls–Complying with Law: Getting Buy-In From Your Client,” International Business & Crime: Enforcement Issues in FCPA, Export Control and Antitrust, Georgia ICLE Seminar, October 2008
  • “Foundations of White Collar Law and Practice and Handling a Health Care Fraud Case,” ABA National Institute on Health Care Fraud, May 2008
  • “Keeping it Civil: How to Prevent the Routine IRS Audit from Becoming a Criminal Investigation,” Technology Association of Georgia's Tax and Finance Society, April 2008
  • “The Corporate Monitor: Role and Responsibilities in the Wake of New Guidelines and Impending Legislation,” West Legalworks Webcast, April 2008
  • “Subprime in the Crosshairs: Risks to Your Company and How to Minimize Them,” Firm Breakfast Briefing, April 2008
  • “Case Studies: Lessons from the Real World,” Practicing Law Institute Corporate Compliance and Ethics Institute, March 2008
  • “Document Collection and Analysis,” Corporate Internal Investigations, Georgia ICLE Seminar, March 2008
  • “Mortgage Fraud: Detection and Investigation,” National Business Institute Seminar, March 2008
  • “Enforcement & Voluntary Disclosures,” Health Care Compliance Association, Southeast Local Annual Compliance Conference, February 2008
  • “Internal Investigations,” Government Health Care Investigations Seminar, Lorman Education Services, January 2008
  • “Overview of Health Care Fraud Enforcement Agencies and Statutes,” Government Health Care Investigations Seminar, Lorman Education Services, January 2008
  • “Responding to Government Investigations: What Works and What Doesn't,” Southeastern Health Care Fraud Conference, Georgia ICLE Seminar, September 2007
  • “Continuing Medical Education Compliance Strategies: Off-Label Promotion Off Limits?” FDANews Audioconference, June 2007
  • “Emerging Trends: From Computer Searches to the Confrontation Clause,” Federal Criminal Practice, Georgia ICLE Seminar, May 2007
  • “Customs Enforcement,” International Section of the State Bar of Georgia, Annual Conference, April 2007
  • “After McNulty: Changes in the Attorney-Client Privilege and Investigations,” TheCorporateCounsel.net Webcast, March 2007
  • “Enforcement Priorities and Developments,” Health Care Compliance Association, Southeast Local Annual Compliance Conference, February 2007
  • “When Does a Mistake Rise to the Level of Fraud?” Medicare Compliance Alert Audioconference, February 2007
  • “How to Avoid a Bar Complaint When Conducting an Internal Investigation,” Firm Breakfast Briefing, January 2007