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 97 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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Practice Focus

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

Representative Experience

  • Counsel in multiple health care fraud qui tam cases. Obtained permanent dismissals in four of them in 2018. *
  • Lead defense counsel for multiple compounding pharmacies in alleged health care fraud throughout the United States.  *
  • Defended client against allegations of fraud/theft, obtaining a "no bill" from the grand jury. All charges were dismissed.  *
  • Internal investigation of alleged health care fraud and subsequent DOJ presentation. Avoided indictment despite a multi-year OIG/FBI criminal investigation.  *
  • 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.  *
  • Internal investigation of alleged securities fraud and subsequent presentation to the US Attorney’s Office. DOJ did not pursue fraud charges despite a two-year USSS criminal 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 resultant 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 US Attorney’s Office. After a series of presentations to DOJ, no doctors were indicted and only a fine was assessed.  *
  • 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. *
* Experience prior to Katten

Presentations and Events

  • Participant | The Largest Healthcare Enforcement Action in U.S. History: Why it Happened and How to Avoid Being a Part of the Next One
    October 7–9, 2018
  • Dallas Association of Corporate Counsel Annual In-House Symposium
    Presenter | What To Do When the Government Comes Knocking
    April 21, 2017
  • The FCPA and Anti-Corruption Law Compliance
    Presenter
    December 2016
  • "The Forensic Accountant: A Key Witness in the Defense Arsenal," The Business Valuation, Forensic & Litigation Services Conference
    October 23, 2015