Brian T. Rafferty

He | Him | His

Partner

Atlanta
T +1.404.256.8233
F +1.404.459.5734

Overview

Brian Rafferty is an experienced trial lawyer, former federal prosecutor and federal criminal defense attorney. He focuses on the representation of individuals, business executives, health care professionals and corporate clients in white collar criminal investigations, prosecutions and enforcement proceedings. His national federal criminal defense spans an array of industries, including health care, government contracting and financial industries, and includes investigations and prosecutions of allegations of health care fraud, government procurement fraud, securities fraud, mail fraud, wire fraud, bank fraud, bribery, public corruption and money laundering.

While at the U.S. Attorney’s Office of the Southern District of Georgia, Brian directed a staff of 25 assistant U.S. attorneys, contractors and support staff, actively managing and supervising all criminal prosecutions in the District. For the last three years, he served as the 11th Circuit representative on the Criminal Chiefs Working Group, providing counsel and input to the Attorney General’s Advisory Counsel on a variety of issues related to federal criminal prosecutions. Prior to that, Brian  also served as the office’s Criminal Healthcare Fraud Coordinator for several years, where he supervised investigations by the Federal Bureau of Investigation (FBI), the Department of Health and Human Services (HHS), the Drug Enforcement Administration (DEA) and the Medicaid Fraud Control Units (MFCUs) into a variety of health care offenses, including investigations involving medical practitioners, pharmacies, pharmaceuticals and medical devices.

In his federal practice, Brian assists clients in white collar criminal matters, government and internal investigations and complex litigation matters. His in-depth understanding of the workings of federal law enforcement authorities helps his clients during investigations, negotiations and trial proceedings. He also provides prospective guidance on mitigating risk and ensuring compliance with applicable state and federal laws.

Select Experience

  • Prosecuted fugitive banker Aubrey Lee Price in $30 million bank fraud case.
  • Led a multimillion-dollar health care fraud prosecution of multiple Armenian organized crime figures.
  • Numerous health care fraud investigations, including investigations involving medical practitioners, pharmacies, pharmaceuticals and medical devices.
More »

Experience

  • Prosecuted fugitive banker Aubrey Lee Price in $30 million bank fraud case.
  • Led a multimillion-dollar health care fraud prosecution of multiple Armenian organized crime figures.
  • Numerous health care fraud investigations, including investigations involving medical practitioners, pharmacies, pharmaceuticals and medical devices.
  • Prosecuted a $53 million defense procurement fraud out of Fort Gordon.
  • Prosecuted a $15 million oil and gas development fraud.
  • Participated in a week-long trial of a multi-defendant kidnapping conspiracy, in which prominent businessmen were kidnapped and held for ransom.
  • Participated in a week-long trial of a multi-defendant conspiracy to commit murder for hire, in which a local service-member was murdered by his wife and brother-in-law.
  • Prosecuted during a week-long trial of a physician charged in connection with a multimillion-dollar pill mill operation.
  • Prosecuted during a week-long trial of a conspiracy to commit health care fraud in connection with Georgia’s Medicaid program.
  • Representation of the former head of investment banking of a major financial institution charged in the Enron criminal case known as “the Nigerian Barge Prosecution”.
  • Representation of an accountant charged in connection with a criminal tax-fraud prosecution by the U.S. Attorney’s Office for the District of New Jersey.
  • Representation of a senior executive of a hedge fund in connection with a joint investigation by the Securities and Exchange Commission and New York Attorney General’s Office into the practice of late trading and market-timing of mutual funds.
  • Representation of an attorney in connection with an investigation by the Manhattan District Attorney’s Office into a scheme to defraud the State Office of Court Administration.
  • Representation of an attorney in connection with a criminal prosecution by the U.S. Attorney’s Office for the Southern District of New York in what was described as the largest insider trading prosecution since the prosecution of Ivan Boesky.

Recognitions and Memberships

Recognitions

  • Chambers USA: Litigation: White-Collar Crime & Government in Georgia (2021)
  • Best Lawyers in America®: Criminal Defense: White-Collar (2022)
  • Distinguished Trial Advocacy Award
  • Numerous commendations from the Federal Bureau of Investigation, U.S. Secret Service, Department of Health and Human Services, U.S. Marshals Service and Defense Criminal Investigative Service
  • Benchmark Litigation USA: "Litigation Star" (2021 to 2022)

Prior Positions

  • U.S. Attorney’s Office of the Southern District of Georgia
    • Chief, Criminal Division (2010 to 2019)
    • Assistant U.S. Attorney, Criminal Division (2008 to 2010)
    • Criminal Healthcare Fraud Coordinator
  • Office of the Suffolk County District Attorney, Major Crime Trial Bureau: Senior Assistant District Attorney (1996 to 2000)

Admissions

  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of New Jersey
  • Georgia
  • New Jersey
  • New York

Education

  • J.D., Vanderbilt University Law School, 1996
  • B.A., Lafayette College, 1993