About Brandon N. McCarthy

Brandon McCarthy is a trial lawyer and former federal prosecutor in the fraud unit. After 13 years as a prosecutor, he now makes use of his government experience in defending companies, executives and health care professionals facing white-collar investigations and prosecutions. Having handled countless criminal investigations, including the largest health care fraud investigations in the country, Brandon knows how to spot weak points in the government's case and use them to benefit his clients. He has helped dozens of clients avoid indictment or secure outright dismissals.

An aggressive approach to heading off indictments

You'll never find Brandon waiting and hoping a client won't get indicted. Instead, he looks to actively head off the government's case at the pre-indictment stage so that it never actually moves forward. To do this, he combines an awareness of enforcement agency priorities with deep insight into a client's unique business. The latter is particularly important when defending individuals and companies in the highly regulated health care industry.

For clients that are indicted, Brandon mounts creative and aggressive defenses, often dismantling the government's case before trial. Proof of his effectiveness lies in the fact that he has tried more than 120 jury trials, plus 42 bench trials, and has prevailed in more than 96 percent of them. He has handled more than 3,000 cases in his career.

Brandon spends significant time consulting on federal investigations. He has defended hospitals, health systems, medical groups and doctors against claims involving the False Claims Act, Anti-Kickback Statute and Stark Law violations as well as defending individuals against a host of fraud and public corruption allegations. Across his entire career, he has handled nearly every type of criminal case, including high-profile matters attracting national media attention. He has represented clients before the Federal Bureau of Investigation, US Attorney's office, Securities and Exchange Commission, Internal Revenue Service and the Office of Inspector General.

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"Brandon is a fierce fighter and his court performance is stellar." "He is an extremely talented and persuasive trial lawyer." "Brandon is an excellent lawyer. He is knowledgeable, insightful and a great strategist."

Chambers USA 2025
(Texas, Litigation: White-Collar Crime & Government Investigations) survey response

Practice Focus

  • White-collar criminal defense
  • Health care fraud
  • Internal investigations
  • Securities fraud
  • Foreign Corrupt Practices Act

Representative Experience

  • Had large-scale healthcare fraud, 7-year FBI investigation, and indictment dismissed in 2026.
  • Six acquittals in jury trial of doctor accused of healthcare fraud in SDMS “cream scheme” (involving Brett Favre).
  • $150M healthcare 6-week fraud jury trial resulted in mistrial, after prosecutorial misconduct found during trial, that resulted in dismissal of indictment and client obtaining probation offer on an Information.
  • Obtained not guilty (murder) on a pro bono murder trial (lesser offense found).
  • Reversal of convictions of Greg Lindberg on all counts (4th Circuit) based on “Official Act” analysis in widely publicized public corruption case.
  • Internal investigation. Subsequent presentations to DOJ made. Obtained ten declinations of tax fraud investigations from 2024-2025 after multiple presentations.
  • Internal investigation. Subsequent presentations to DOJ made. Obtained declination of prosecution for healthcare executive after 5-year FBI investigation (14 others were indicted).
  • Internal investigation. Subsequent presentations to DOJ made. Obtained declination of prosecution for doctor after two-year investigation, search warrant, seizures, and indictment of related party.
  • Obtained two misprisons (unrelated cases) with a fine, for healthcare professionals originally indicted on large loss (healthcare) wire fraud charges.
  • Obtained declination of prosecution for union president after two-year FBI investigation.
  • Obtained witness designation (no charges) for target of complex tax fraud investigation.
  • Obtained witness designation (no charges) for target of international DEA/IRS narcotics investigation.
  • Successfully challenged constitutionality of the use of administrative law judges, resulting in favorable settlement for billion-dollar logistics company.
  • Successfully defended several doctors before various state medical boards.
  • Counsel in multiple health care fraud qui tam cases (defense). Obtained permanent dismissals in four of them in one year. *
  • Lead defense counsel for multiple compounding pharmacies in alleged health care fraud throughout the United States. *
  • Internal investigation. Subsequent presentation to Tarrant County DA’s Office. Defended client against allegations of fraud/theft, obtaining a "no bill" from the grand jury (grand jury packet submitted). *
  • Internal investigation of alleged health care fraud and subsequent DOJ presentation. Avoided indictment despite a multi-year OIG/FBI criminal investigation. *
  • Internal investigation of alleged securities fraud and subsequent presentation to the USAO. DOJ did not pursue fraud charges despite a two-year USSS investigation. *
  • Represented three doctors accused of health care fraud. Obtained qualified immunity for all clients after internal investigation revealed fatal defects in the government’s case. *
  • Represented medical practice group (30+ doctors) in alleged health care fraud. Avoided indictment with only a fine after 3+-year FBI criminal investigation. *
  • Internal investigation on behalf of eight doctors accused of health care fraud and threatened with indictment by the USAO. After investigation and several presentations, no doctors were charged. *
  • Represented two hospitals in responding to CID. Demand was resolved without penalty, and no criminal or civil charges were pursued. *
  • Represented clients in 2016 jury trial; obtained 46 directed verdicts on multiple fraud charges against four defendants and several entities. *
  • Represented client in criminal Fourth Amendment case. Prevailed on pre-trial motion to suppress against the DOJ, successfully throwing out all evidence and obtaining dismissal of federal charges before trial. *
  • Company counsel in obtaining protection and witness designations for multiple executives in an FBI fraud investigation; no clients were indicted. *
  • Internal investigation on behalf of physician client that proved incrimination by others. Client avoided indictment despite FBI criminal investigation. *
  • Represented client in $4 million wire fraud case. Obtained reduction in federal sentence from approximately nine years’ incarceration to one year probation. *
  • Represented client in $3 million bank fraud case. Obtained reduction in federal sentence from approximately 8 years’ incarceration to three years’ probation. *
  • Defended Dallas-area dental service group in criminal investigation of alleged Medicaid fraud; all dentists were cleared. *
  • Defended Irving, Texas-area medical management company against alleged mail fraud via submission of false insurance claims. Negotiated fine in lieu of criminal charges. *
  • Defended big-box retailer in one of the largest employee class actions in US history. Obtained district court reversal based on class certification problems raised. *
* Experience prior to Katten

News

Publications

Quick Reads

Presentations and Events

  • June 14, 2021
    NACD Expert Series With Katten
    Presenter
  • October 7–9, 2018
    Texas Health Law Conference
    Participant | The Largest Healthcare Enforcement Action in U.S. History: Why it Happened and How to Avoid Being a Part of the Next One
  • April 21, 2017
    Dallas Association of Corporate Counsel Annual In-House Symposium
    Presenter | What To Do When the Government Comes Knocking
  • December 2016
    The FCPA and Anti-Corruption Law Compliance
    Presenter
  • October 23, 2015
    "The Forensic Accountant: A Key Witness in the Defense Arsenal," The Business Valuation, Forensic & Litigation Services Conference
Practices
Education
  • Southern Methodist University Dedman School of Law, JD
  • Vanderbilt University, BA
  • London School of Economics and Political Science
Bar Admissions
  • Texas
Community Involvements
  • Penny Hardaway Hoopfest Benefitting St. Jude, Co-Founder
  • Make-A-Wish Foundation
  • Highland Park United Methodist Church
  • Jackson Hole Alpine Ski Team, Alumni
  • Dallas Bar Association Texas High School Mock Trial Competition, Cistercian Preparatory School, Coach
  • Dallas Elf Society
  • State Bar of Texas, District Grievance Committees, Panel Chair
Recognitions
Recognized or listed in the following:
  • America's Top 100 Criminal Defense Attorneys
    2018-2026
  • Best Lawyers in America
    Commercial Litigation, 2024–2026
    Criminal Defense: White-Collar, 2025–2026
  • Chambers USA
    Litigation: White–Collar Crime & Government Investigations, 2021–2025
  • D Magazine
    Best Lawyers in Dallas, 2016–2020, 2022–2025
  • Super Lawyers
    Texas, 2022–2025
  • Super Lawyers Rising Stars
    Texas, 2004–2005, 2007–2009
  • The Legal 500 United States
    Recommended Attorney, 2017, 2020, 2024
Award Methodologies