• vcard
404.253.6021
  • Education
    • J.D., Georgia State University College of Law, 1997
    • B.A., cum laude, Boston College, 1994
  • Court Admissions
    • U.S. Court of Appeals, Eleventh Circuit, 1998
    • U.S. District Court, Northern District of Georgia, 1998
    • U.S. District Court, Southern District of Georgia, 1998
    • U.S. District Court, Middle District of Georgia, 1998
    • U.S. Court of Appeals, Third Circuit, 2013
Brian McEvoy is an accomplished litigator with a well-earned reputation for working tirelessly to achieve the best outcomes for clients and for thinking creatively and strategically to resolve difficult problems with efficiency and professionalism. Brian is a former federal prosecutor with a practice focus on white collar criminal defense and a special emphasis in health care fraud matters. During his service as a federal prosecutor, he received special commendation from the Department of Health and Human Services by receiving the Inspector General's Integrity Award for his work prosecuting Health Care Fraud matters. In 2008, he was named as the District's Health Care Fraud Coordinator and started the District's first Health Care Fraud Task Force.

Brian currently focuses his practice as a white collar criminal defense attorney handling health care fraud cases and other federal economic criminal matters. His practice also includes business litigation and government and internal corporate investigations. As a former federal prosecutor, he has extensive criminal trial experience in:
  • False Claims Act defense
  • Civil and criminal health care fraud
  • Internal Investigations
  • Mortgage fraud
  • Securities fraud
  • Government contracting
  • Environmental and other civil and criminal regulatory matters
  • Foreign Corrupt Practice Act matters
Due to his extensive experience litigating civil and criminal health care matters, he is uniquely situated to represent physicians, physician practice groups and other health care providers in almost any type of proceeding.
  • Counsel to physician practice group in federal civil health care fraud case in the District of Massachusetts.
  • Counsel to specialty pharmacy company in 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 over utilization 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.


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New Government Enforcement Priorities in Health Care Fraud and Abuse
Moderator
October 20, 2017
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Co-Presenter, American Bar Association's Southeastern White Collar Crime Institute; GA
September 7, 2017
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Co-Author, Law360
September 5, 2017
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Co-presenter; ABA's 31st Annual National Institute on White Collar Crime
March 9, 2017
eAlerts Alerts
November 2016
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Federal Healthcare Fraud & Abuse Enforcement Initiatives
State Bar of Georgia Advanced Health Care Law CLE
September 30, 2016
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Expanding Theories of Liability in Federal Health Care Fraud Cases
ABA Southeast Regional White Collar Crime Institute
September 8, 2016
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Polsinelli FCA Blog
July 7, 2016
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Polsinelli FCA Blog
June 29, 2016
eAlerts Alerts
June 21, 2016
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