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Brett Switzer

Associate

Brett Switzer has broad experience litigating civil and criminal disputes in state and federal courts. He focuses his practice in government enforcement and investigations.

Featured Experience

Represented a former National Security Agency (NSA) contractor charged with Espionage Act violations.

Represented large medical device manufacturer in FCA qui tam case brought by former employee in NDGA under an implied false certification theory, resulting in declination by United States and dismissal of civil damages case.

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.

Professional Biography

Mr. Switzer is a member of the Firm's Government Enforcement and Investigations Group. His practice includes a wide array of complex civil and criminal defense work in a variety of federal government enforcement and investigation contexts. His recent experience includes/involves federal securities laws; health care laws and regulations; the False Claims Act; the Espionage Act of 1917; regulatory matters involving Customs and Border Protection (CBP), Transportation Security Administration (TSA), Federal Emergency Management Agency (FEMA), Housing and Urban Development (HUD), and Federal Aviation Administration (FAA); and other alleged financial fraud and corruption.

In addition, Mr. Switzer has handled a variety of state and federal court litigation, including recent prosecutions of bank fraud claims on behalf of financial institution clients, private securities litigation including customer and member-initiated Financial Industry Regulatory Authority (FINRA) arbitrations, and other matters of public interest, including matters implicating the Civil Rights Act.

Mr. Switzer has substantial experience in creditors' rights representation and landlord/tenant work. Before joining Baker Donelson, 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 was recognized as a Tax Clinic Fellow distinction for his distinguished work in the Georgia State College of Law Low-Income Taxpayer Clinic.

  • Defended health care providers, hospitals, pharmaceutical companies/labs, etc. in qui tam civil False Claims Act (FCA) investigations and prosecutions, including successful resolution of such cases on motions to dismiss.

  • Represented a hedge fund investor in a suit brought by a bankruptcy trustee to "claw back" investment returns of approximately $700,000 based on allegations that the hedge fund had operated as an unlawful Ponzi scheme. We obtained a dismissal of the suit based on improper service, overcoming the trustee's argument that a dismissal would bar the trustee from re-filing suit by virtue of the expiration of the statute of limitations between the original filing and the dismissal.

  • Represented a former National Security Agency (NSA) contractor charged with Espionage Act violations.

  • Represented 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 a declination to prosecute and dismissal of charges.

  • Represented large medical device manufacturer in FCA qui tam case brought by former employee in NDGA under an implied false certification theory, resulting in declination by United States and dismissal of civil damages case.

  • 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.

  • Represented another smaller 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 government contractor with internal investigation, report, and compliance plan implementation in response to whistleblower allegations related to FCA, DOL, and Davis-Bacon compliance programs.

  • 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.

  • Represented large government contractor with response to CID and government investigation into cost accounting practices under DCAA, FAR, CAS, and other applicable standards.

  • Represented pharmacist in relation to state AG criminal RICO prosecution involving alleged elderly abuse and other allegations under the state law counterpart to the FCA, which resulted in plea to a lesser offense and probation-only sentence.

  • 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 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.

  • 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.

  • 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 alleged violation of applicable FDA, CBP, and TSA regulatory standards and other federal anti-bribery and corruption laws and foreign equivalents.

  • Member – Federal Bar Association
  • Member – American Bar Association
    • Business Law Section
    • Section of Litigation, Young Advocates Committee
  • Member – Atlanta Bar Association
  • Named a Best Lawyers in America® "Ones to Watch" in Criminal Litigation and Criminal Defense: White-Collar (2021)
  • Listed in Georgia Super Lawyers as a Georgia Rising Star in the area of Criminal Defense: White Collar (2020)
  • Named to Georgia Trend's Legal Elite in the area of Bankruptcy/Creditors' Rights (2013, 2015)
  • Recipient – Baker Donelson's Firmwide "Associate of the Year" Award (2017)
  • Recipient – Baker Donelson's Atlanta Office "Associate of the Year" Award (2017)
  • Executive Board – Law Alumni Council, GSU College of Law
  • Member – CURE Young Professional Leadership Council
  • Member – Georgia State University Law Alumni Council
    • Vice President, Executive Committee
    • Chair, Student Relations Committee

Education

  • Georgia State University College of Law, J.D., 2012, cum laude
  • University of Georgia, BBA in Accounting, 2008

Admissions

  • Georgia, 2012
  • Georgia Supreme Court, 2013
  • Georgia Court of Appeals, 2013
  • U.S. District Court for the Southern, Middle and Northern Districts of Georgia

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