Brian F. McEvoy

Partner

Atlanta
T +1.404.256.6696
F +1.404.459.5734

Overview

A former federal prosecutor, Brian McEvoy focuses his practice on white collar criminal defense, with an emphasis on health care fraud matters. He also handles government and internal corporate investigations, including extensive experience with False Claims Act defense, civil and criminal health care fraud, securities fraud, government contracting, Foreign Corrupt Practice Act matters, telehealth compliance and CARES Act and COVID-19 Response investigations.

As Assistant U.S. Attorney, Brian represented the D.O.J. in criminal matters involving health care fraud and other economic crimes. He was named health care fraud coordinator for the district, overseeing all health care fraud investigations and prosecutions. His accumulated health care knowledge is of great interest and value to providers and healthcare systems.

Brian is an accomplished litigator who works tirelessly to achieve the best outcomes for his clients. He is a creative and strategic thinker who seeks to resolve problems in the most efficient and professional manner. Brian is well positioned to represent physicians, physician practice groups and other health care providers in almost any type of proceeding.

Select Experience

  • Counsel to hospital executive in federal criminal Anti-kickback Statute indictment alleging over $100 million loss.
  • Counsel to specialty pharmacy company in federal False Claims Act investigation.
  • Counsel to numerous physician practice groups in defense of Federal False Claims Act investigations, government enforcement actions and internal investigations.
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Experience

  • Counsel to hospital executive in federal criminal Anti-kickback Statute indictment alleging over $100 million loss.
  • Counsel to specialty pharmacy company in federal False Claims Act investigation.
  • Counsel to numerous physician practice groups in defense of federal False Claims Act investigations, government enforcement actions and internal investigations.
  • Represented physicians and health care providers in federal criminal, civil and administrative matters.
  • Counsel to an international subsidiary related to a government investigation of defense contracting billing issues.
  • Counsel to senior executives of an international automotive company in connection with a federal anti-trust investigation.
  • Counsel to company executive in connection with alleged federal immigration violations.
  • Counsel to actuarial analyst accused of insider trading in the Southern District of New York.
  • Conducted numerous corporate internal investigations related to alleged government fraud, FCPA issues and antitrust matters.
  • Represented numerous individuals in federal criminal mortgage fraud investigations.
  • Counsel to numerous witnesses testifying before the SEC, federal grand jury and other federal criminal and civil proceedings.
  • Counsel to international logistics company in connection with a federal procurement fraud investigation.
  • State Attorney General/Medicaid Fraud Control Unit Investigation of national pharmacy company involving allegations of improper automated prescription refill program of HIV medications.
  • Internal investigation associated with DOJ investigation of large physician practice group relating to FCA case involving allegations of overutilization of and billing for ancillary testing.
  • Internal investigation involving DOJ FCA investigation of oncology physician practice group.
  • Internal investigation on behalf of hospice company defending DOJ FCA claims of improper admissions.
  • Representation of large orthopedic practice group in defense of DOJ FCA case involving allegations of AKS/Stark violations.
  • Representation of multiple physician practice groups (internal medicine providers, radiation oncologists, critical care doctors, et al) in Medicaid/Medicare/private payor overpayment cases in which payor relied on statistical extrapolation and statistical sampling of alleged overpayments.
  • Representation of compounding pharmacy in internal investigation regarding DOJ criminal/civil investigation of improper billing practices.
  • Internal investigation of large orthopedic practice relating to DOJ investigation of billing practices.
  • Representation of DME company in criminal DOJ over-billing case.
  • Obtained dismissal of all claims against healthcare consulting firm in multimillion dollar FCA case against large orthopedic group.
  • Obtained dismissal for a client in a Federal False Claims Act case alleging a $100 million federal government contracting fraud scheme.
  • Obtained a non-prosecution agreement for a corporate executive facing criminal public corruption charges in the Southern District of New York.
  • Obtained a non-prosecution agreement for a corporate executive facing criminal securities charges in the Eastern District of New York.
  • Obtained a dismissal for a health care provider facing criminal charges for alleged overbilling.
  • Obtained a non-prosecution agreement for an international health care provider under criminal investigation for alleged billing irregularities.
  • Secured declination to intervene from U.S. Attorney’s Office in qui tam suit against orthopedic practice.
  • Achieved highly favorable settlements for hospice provider, internal medicine practice and oncology practice in complex, high damages federal FCA cases.
  • Successfully represented SEC-registered investment adviser in parallel DOJ and SEC securities fraud investigations.
  • Counsel to physician practice group in federal civil health care fraud case in the District of Massachusetts.

Recognitions and Memberships

Recognitions

  • Chambers USA: America's Leading Lawyers for Business, Litigation:
    • White-Collar Crime & Government in Georgia (2021)
    • Healthcare in Georgia (2021)
  • Best Lawyers in America®: Criminal Defense: White-Collar (2022)
  • Martindale-Hubbell Peer Review Rating™: Preeminent AV 
  • Georgia Super Lawyers (2014 to 2020, 2022)
  • Benchmark Litigation USA, "Litigation Star" (2021 to 2022)
  • Georgia Trend Magazine: Legal Elite (2014 to 2015)
  • HHS-OIG Inspector General's Award (2007)
  • U.S. Secret Service Director's Award (2008)

Memberships

  • Atlanta Bar Association Criminal Law Section
    • Board Member (2014 to 2017)
  • American Bar Association
    • White Collar Crime Committee, Southeast Subcommittee: Co-Chair
  • Federal Bar Association (2009 to present)
    • Health Law Section, Deputy Chair
  • Georgia Association of Criminal Defense Lawyers (2009 to present)
  • The Lawyers Club (2002 to present)
  • Savannah Bar Association
  • State Bar of Georgia
    • Health Care Law Section Executive Committee (2011 to 2017)
      • Chair (2013)
  • American Health Lawyers Association

Community

  • Atlanta Public Schools: Tutor
  • Fernbank Museum of Natural History, Corporate Leadership Council
  • Mercy Care Atlanta, Community Council 

Industries

Prior Positions

  • U.S. Attorney's Office for the Southern District of Georgia: Assistant U.S. Attorney (2004 to 2009)
  • The Honorable Orinda D. Evans, Chief Judge of the U.S. District Court for the Northern District of Georgia: Law Clerk (1999 to 2001)
  • The Honorable John E. Dougherty, U.S. District Court for the Northern District of Georgia: Law Clerk (1997 to 1999)

Admissions

  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Middle District of Georgia
  • U.S. District Court, Northern District of Georgia
  • U.S. District Court, Southern District of Georgia
  • Georgia

Education

  • J.D., Georgia State University College of Law, 1997
  • International Law Program, William & Mary Law School, 1995
  • B.A., Boston College, 1994, cum laude