Photo of A. Brian  Albritton

A. Brian Albritton concentrates his practice on “white collar” criminal defense; False Claims Act and Qui Tam litigation; defending regulatory enforcement actions brought by government agencies, including unfair/deception trade practice actions brought by the Federal Trade Commission and state attorneys general; regulatory compliance; and complex commercial litigation, including the prosecution and defense of claims relating to trade secret theft, non-competition agreements and other restrictive covenants. Mr. Albritton was U.S. Attorney for the Middle District of Florida from 2008-2010. He currently authors the blog, False Claims Act and Qui Tam Law.

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A. Brian Albritton concentrates his practice on “white collar” criminal defense; False Claims Act and Qui Tam litigation; defending regulatory enforcement actions brought by government agencies, including unfair/deception trade practice actions brought by the Federal Trade Commission and state attorneys general; regulatory compliance; and complex commercial litigation, including the prosecution and defense of claims relating to trade secret theft, non-competition agreements and other restrictive covenants. He was U.S. Attorney for the Middle District of Florida from 2008-2010. He currently authors the blog, False Claims Act and Qui Tam Law.

“White Collar” Criminal Defense; Qui Tam and False Claims Act Litigation
Brian has handled numerous grand jury investigations and defended a variety of white collar defense matters including claims involving RICO, trade secret theft, environmental crime, student loan fraud, bankruptcy fraud, securities fraud, and tax fraud. In addition, He has defended numerous criminal and civil health care fraud, False Claims Act, and Qui Tam cases. Along with his trial practice, clients frequently call upon him to conduct internal investigations regarding alleged misconduct in their businesses (including issues involving Sarbanes−Oxley); defend and coordinate responses to subpoenas from investigative bodies; develop corporate compliance programs, and conduct employee and management training on compliance issues.

While he served as the U.S. Attorney for the Middle District of Florida from 2008-2010, he supervised the prosecution of all federal crimes and the litigation of all civil matters involving the federal government in the District, and he directed 110 assistant U.S. Attorneys in offices located in Tampa, Ft. Myers, Orlando, Jacksonville and Ocala. Under his leadership, the District substantially increased its white collar prosecutions and gained national recognition for its “Mortgage Fraud Surge” initiative. During his tenure, Brian emphasized vigorous civil and criminal prosecution of health care fraud, and he worked to establish the Tampa Division’s Medicare Fraud Strike Force (the “HEAT Team”) and to resolve United States v. WellCare Health Plans, Inc., one of the largest health care fraud cases nationwide in 2009. He also tried several criminal cases, most notably United States v. Beau Diamond, which involved a large Ponzi scheme that originated in Sarasota.

Defending Regulatory Actions Brought By Government Agencies
Brian advises clients and handles litigation involving actions brought by governmental agencies against clients for regulatory and compliance violations. This nontraditional litigation often involves elements of civil and criminal practice, and he has defended clients before a variety of administrative and governmental agencies, including the U.S. Department of Health and Human Services, U.S. Department of Education, the Florida Department of Environmental Affairs, Hillsborough County Environmental Protection Agency, the Florida Department of Business and Professional Regulation, along with other state and local agencies.

In addition, he frequently represents clients in investigations brought by attorneys general and the Federal Trade Commission, and he has defended organizations nationwide that are involved in telemarketing and direct mail advertisements, including businesses in the hospitality, travel, credit counseling/debt management, and debt collection industries. Brian advises clients how to comply with the myriad federal and state laws regulating telemarketing, direct mail and related types of consumer sales.

Complex Commercial Litigation, With a Focus on Trade Secrets, Noncompetition Agreements, and Other Restrictive Covenants
Brian has litigated a variety of complex commercial actions involving contract disputes, fraud, civil RICO, trade practice and unfair competition claims, business torts, creditors’ rights, and environmental litigation. For several years, he focused much of his civil practice on claims involving trade secrets, noncompetition agreements and other restrictive covenants. Litigation of these claims is often very similar to criminal practice and frequently involves allegations of theft of trade secrets or other confidential business information by another business or competitor.

Prior to serving as U.S. Attorney, he was a partner in the Tampa office of Holland & Knight LLP (1990-2008). He also served as an Adjunct Professor at Stetson University College of Law (1998-2004) where he taught Federal Criminal Law Seminar and Federal Courts. He served as a law clerk to U.S. District Judge William Terrell Hodges, M.D. Florida (1988-1990). Currently, he is the firm's Practice Coordinator for the Tampa litigation group.

Insights

Publications
Speaking Engagements
  • “The Intersection of Employment Law and Criminal Law,” College of Labor and Employment Lawyers’ 2020 Regional Program of the 4th, 5th and 11th Circuits (Tampa, FL., February 2020) Speaker
  • "Experience from the Trenches: False Claims Act and Qui Tam Suits Affecting the Construction Industry,” Construction SuperConference 2019 (Rancho Palos Verdes, CA., December 2019)
  • "The False Claims Act, Qui Tams, and Other Bounty Hunter Laws," Association of Corporate Counsel, West Central Florida Chapter (Tampa, FL., July 2019) Speaker
  • "Practicing at the Intersection of Criminal Law and Employment Law: A Panel Discussion Regarding Employees’ and Employers’ Criminal Activity in the Workplace,” Hillsborough County Bar Association (Tampa, FL., April 2019) Speaker
  • "False Claims Act: Recent Trends & Reducing Risks of Whistleblower FCA Suits in the Construction Industry," Webinar (September 2017) Co-Speaker
  • "Restrictive Covenants and Noncompetition Agreements: How to Make Them, Break Them and Avoid Litigation," Phelps Dunbar and Association of Corporate Counsel, West Central Florida Chapter CLE Luncheon (Tampa, FL., November 2017) Speaker
  • Phelps Dunbar & ACC West Central Florida Chapter CLE Luncheon (November, 2017)
  • "Qui Tams, The False Claims Act and Other Whistleblower Laws," Association of Corporate Counsel, West Central Florida Chapter (June 2013) Speaker
  • "The False Claims Act and Qui Tams: Powerful Weapons for Fighting Health Care Fraud," Conference on Emerging Issues in Health Law for Doctors and Lawyers, Stetson University College of Law (March 2012) Speaker & Panelist
  • "The False Claims Act and Qui Tams," Association of Certified Fraud Examiners, Tampa Chapter Meeting (March 2012) Speaker
  • "Fraud & Theft Offenses," 20th Annual Conference on the Federal Sentencing Guidelines (Orlando, FL., May 2011) Panelist
  • "Anatomy of a Crime," Law School for Physicians: What to Do When the DEA Comes Knocking: Prescribing Pain Medicines Without Fear of Prosecution, Symposium at Stetson Law School (April 2011) Co-Speaker
  • "Medicare & Medicaid Fraud and Abuse and Impact of Health Care Reform on the Law," Health Care Fraud Management Association, Tristate Winter Institute (Tunica, MS., January 2011) Co-Speaker
  • "Trade Secrets Unveiled: Defining, Protecting, and Challenging Trade Secret Assets," Web Seminar (September 2008) Co-Speaker
  • "Restrictive Covenants in Florida: Drafting, Enforcing and Challenging Non-competition, Non-solicitation and other Restrictive Covenants," Web Seminar (March 2008) Co-Speaker
  • "Current Issues in Corporate Criminal Justice," Tampa Bay Chapter – Federal Bar Association and Stetson University College of Law (2002) Moderator & Speaker
News

Memberships & Affiliations

  • Federal Bar Association, Tampa Bay Chapter - President (2007-2008), Officer and Board Member (2000-2006)
  • American Bar Association 
  • Hillsborough County Bar Association, Criminal Law Section - Co-Chair (2000-2001)
  • Hillsborough County Association of Criminal Defense Lawyers - President (1996), Board Member (1997-2008)
  • Herbert G. Goldburg Criminal Law American Inn of Court (2002-2004, 2009-2011)  
  • Florida Association of Criminal Defense Lawyers - Board Member (1996)

Recognition

  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Commercial Litigation (2015-2020), Criminal Defense: White-Collar (2009-2020), Litigation – Health Care (2016-2020), Qui Tam Law in Tampa, 2017-2020), "Lawyer of the Year" Litigation – Health Care (2018), The Best Lawyers in America
  • Florida Super Lawyers list, Super Lawyers (2009, 2011-2020)
  • George C. Carr Memorial Award Recipient, Federal Bar Association - Tampa Bay Chapter (2009)
  • Legal Elite, Florida Trend

Education

  • Boston College Law School
    J.D., cum laude, 1988
  • Harvard Divinity School
    M.T.S., 1982
  • New College of the University of South Florida
    B.A., 1979

Admissions

  • Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida

Clerkships

  • Hon. William Terrell Hodges, U.S. District Court, Middle District of Florida 
Publications
Speaking Engagements
  • “The Intersection of Employment Law and Criminal Law,” College of Labor and Employment Lawyers’ 2020 Regional Program of the 4th, 5th and 11th Circuits (Tampa, FL., February 2020) Speaker
  • "Experience from the Trenches: False Claims Act and Qui Tam Suits Affecting the Construction Industry,” Construction SuperConference 2019 (Rancho Palos Verdes, CA., December 2019)
  • "The False Claims Act, Qui Tams, and Other Bounty Hunter Laws," Association of Corporate Counsel, West Central Florida Chapter (Tampa, FL., July 2019) Speaker
  • "Practicing at the Intersection of Criminal Law and Employment Law: A Panel Discussion Regarding Employees’ and Employers’ Criminal Activity in the Workplace,” Hillsborough County Bar Association (Tampa, FL., April 2019) Speaker
  • "False Claims Act: Recent Trends & Reducing Risks of Whistleblower FCA Suits in the Construction Industry," Webinar (September 2017) Co-Speaker
  • "Restrictive Covenants and Noncompetition Agreements: How to Make Them, Break Them and Avoid Litigation," Phelps Dunbar and Association of Corporate Counsel, West Central Florida Chapter CLE Luncheon (Tampa, FL., November 2017) Speaker
  • Phelps Dunbar & ACC West Central Florida Chapter CLE Luncheon (November, 2017)
  • "Qui Tams, The False Claims Act and Other Whistleblower Laws," Association of Corporate Counsel, West Central Florida Chapter (June 2013) Speaker
  • "The False Claims Act and Qui Tams: Powerful Weapons for Fighting Health Care Fraud," Conference on Emerging Issues in Health Law for Doctors and Lawyers, Stetson University College of Law (March 2012) Speaker & Panelist
  • "The False Claims Act and Qui Tams," Association of Certified Fraud Examiners, Tampa Chapter Meeting (March 2012) Speaker
  • "Fraud & Theft Offenses," 20th Annual Conference on the Federal Sentencing Guidelines (Orlando, FL., May 2011) Panelist
  • "Anatomy of a Crime," Law School for Physicians: What to Do When the DEA Comes Knocking: Prescribing Pain Medicines Without Fear of Prosecution, Symposium at Stetson Law School (April 2011) Co-Speaker
  • "Medicare & Medicaid Fraud and Abuse and Impact of Health Care Reform on the Law," Health Care Fraud Management Association, Tristate Winter Institute (Tunica, MS., January 2011) Co-Speaker
  • "Trade Secrets Unveiled: Defining, Protecting, and Challenging Trade Secret Assets," Web Seminar (September 2008) Co-Speaker
  • "Restrictive Covenants in Florida: Drafting, Enforcing and Challenging Non-competition, Non-solicitation and other Restrictive Covenants," Web Seminar (March 2008) Co-Speaker
  • "Current Issues in Corporate Criminal Justice," Tampa Bay Chapter – Federal Bar Association and Stetson University College of Law (2002) Moderator & Speaker
News
  • Federal Bar Association, Tampa Bay Chapter - President (2007-2008), Officer and Board Member (2000-2006)
  • American Bar Association 
  • Hillsborough County Bar Association, Criminal Law Section - Co-Chair (2000-2001)
  • Hillsborough County Association of Criminal Defense Lawyers - President (1996), Board Member (1997-2008)
  • Herbert G. Goldburg Criminal Law American Inn of Court (2002-2004, 2009-2011)  
  • Florida Association of Criminal Defense Lawyers - Board Member (1996)
  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Commercial Litigation (2015-2020), Criminal Defense: White-Collar (2009-2020), Litigation – Health Care (2016-2020), Qui Tam Law in Tampa, 2017-2020), "Lawyer of the Year" Litigation – Health Care (2018), The Best Lawyers in America
  • Florida Super Lawyers list, Super Lawyers (2009, 2011-2020)
  • George C. Carr Memorial Award Recipient, Federal Bar Association - Tampa Bay Chapter (2009)
  • Legal Elite, Florida Trend