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. 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.

“White Collar” Criminal Defense; Qui Tam and False Claims Act Litigation
Mr. Albritton 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, Mr. Albritton 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 Mr. Albritton 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.

Mr. Albritton served as U.S. Attorney for the Middle District of Florida from 2008-2010. In that position, 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 Mr. Albritton’s leadership, the District substantially increased its white collar prosecutions and gained national recognition for its “Mortgage Fraud Surge” initiative. During his tenure, Mr. Albritton 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. While U.S. Attorney, Mr. Albritton 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
Mr. Albritton 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, Mr. Albritton 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. Mr. Albritton 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
Mr. Albritton 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, Mr. Albritton 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 Seminars and Federal Courts. He served as a law clerk to U.S. District Judge William Terrell Hodges, M.D. Florida (1988-1990).

Insights

Publications
  • "If You Represent Government Contractors, Beware: False Claims Act Litigation Is Rapidly Becoming a Growth Industry," The Federal Lawyer (March 2017)
  • Author/Editor, False Claims Act & Qui Tam Law Blog, www.falseclaimsactlawblog.com
  • Author, "Can They Do That? Government Threats to 'Come Down and Look Around' to Force Settlement in Qui Tam Cases," The Health Lawyer (December 2011)
  • Author, "DOJ Reminds Employers That Agreements Not to Solicit Employees Can Sometimes Violate Antitrust Laws," eLABORate (December 2010)
  • Author, "Presumption of Guilt: Taking the Fifth in Non-Criminal Proceedings," Litigation Magazine (Fall 2007)
  • Author, "Restrictive Covenants for Lawyers," Hillsborough County Bar Association Magazine: The Lawyer (October 2005)
Speaking Engagements
  • Phelps Dunbar & ACC West Central Florida Chapter CLE Luncheon (November 2017)
  • False Claims Act: Recent Trends & Reducing Risks of Whistleblower FCA Suits in the Construction Industry (September 2017)
  • Phelps Dunbar and ACC West Central Florida Chapter Presents ""Qui Tams, The False Claims Act and Other Whistleblower Laws" CLE Luncheon (June 2013)
  • Phelps Dunbar and ACC West Central Florida Chapter CLE Luncheon (June 2013)
  • Presenter, "Qui Tams, The False Claims Act and Other Whistleblower Laws," Association of Corporate Counsel, West Central Florida Chapter (June 2013)
  • Presenter and Panelist, "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)
  • Presenter, "The False Claims Act and Qui Tams," Association of Certified Fraud Examiners, Tampa Chapter Meeting (March 2012)
  • Panelist, Fraud & Theft Offenses, 20th Annual Conference on the Federal Sentencing Guidelines, Orlando, FL (May 2011)
  • Speaker, "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-presenter, "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-presenter, "Trade Secrets Unveiled: Defining, Protecting, and Challenging Trade Secret Assets," Web Seminar (September 2008)
  • Co-presenter, "Restrictive Covenants in Florida: Drafting, Enforcing and Challenging Non-competition, Non-solicitation and other Restrictive Covenants," Web Seminar (March 2008)
  • Seminar leader and presenter, "Current Issues in Corporate Criminal Justice," Tampa Bay Chapter – Federal Bar Association and Stetson University College of Law (2002)
News

Memberships & Affiliations

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

Recognition

  • George C. Carr Memorial Award Recipient, the highest award presented by the Federal Bar Association’s Tampa Bay Chapter, recognizing excellence in federal practice and distinguished service to the Federal Bar (2009)
  • Florida Trend magazine - Legal Elite
  • AV® Preeminent Peer Review Rated by Martindale-Hubbell
  • The Best Lawyers in America - Criminal Defense: White Collar, Litigation - Health Care (Tampa Lawyer of the Year: Litigation - Health Care, 2018), Commercial Litigation, Qui Tam Law
  • Florida Super Lawyers - Top 50 Tampa Bay