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  • Biography

    In a past life, Brett A. Switzer played poker professionally. Today, as a seasoned litigator, Brett channels the same skills he utilized on the felt to deliver exceptional advocacy in high stakes, high profile litigation in Georgia and across the country. Understanding the odds, reading his opponents, remaining calm under pressure, effective storytelling, and adapting strategies based on dynamic information are lifelong skills Brett utilizes to advise clients and deliver victories inside and outside the courtroom.

    A Principal at Berman Fink Van Horn, Brett focuses his practice on private business litigation and “white-collar” representative matters for corporate clients and their executives when the federal government is involved. Brett handles bet-the-company litigation for clients and represents their interests against the federal government in cases investigated and prosecuted by the Department of Justice and many other government agencies, including the FBI, IRS, and SEC. He also handles court appointed cases for indigent defendants as a member of the esteemed Criminal Justice Act Panel for the Northern District of Georgia.

    Prior to joining BFV, Brett spent over a decade in ‘Big Law’ firms. A cum laude graduate of Georgia State University College of Law with highest pro bono honors, Brett completed a summer clerkship under the Honorable Judge Wendy L. Hagenau in the United States Bankruptcy Court for the Northern District of Georgia and graduated as a Tax Clinic Fellow with distinction for his dedication to the work of the Philip C. Cook Low Income Taxpayer Clinic. He received his Bachelor of Business Administration in Accounting from the University of Georgia Honors Program cum laude.

    Outside of the office, Brett has held leadership positions with Georgia State University Law Alumni Council (past president) and CURE Childhood Cancer’s YPLC (past chair).  He enjoys spending time with his family, playing tennis and golf, coaching youth sports (especially basketball), and of course, tournament poker.

  • Credentials

    Bar Admissions
    • Georgia
      • Supreme Court of Georgia
      • Court of Appeals of Georgia
    • Federal
      • Eleventh Circuit Court of Appeals
      • United States District Court, Southern District of Georgia
      • United States District Court, Middle District of Georgia
      • United States District Court, Northern District of Georgia
      • United States District Court, Northern District of Texas
      • United States Tax Court
    Education
    • B.B.A., University of Georgia, cum laude
    • J.D., Georgia State University College of Law, cum laude
    Professional Memberships
    • American Bar Association
      • Business Law Section
      • Section of Litigation, Young Advocates Committee
    • Atlanta Bar Association
    • Federal Bar Association
  • Recognition

    • Georgia Super Lawyers Rising Star (2020 – present)
    • Best Lawyers: Ones to Watch in America
      • Commercial Litigation (2021 – present)
      • Criminal Defense: White Collar (2021 – present)
      • Corporate Governance & Compliance Law (2023)
    • Georgia Trend’s Legal Elite, Bankruptcy/Creditors’ Rights (2013, 2015)
  • News & Insights

    Blog Posts

    Presentations

    • Presenter, Post-Conviction Relief including Compassionate Release, ABA Criminal Justice Section White Collar Crime Institute, September 7, 2022
    • Speaker, “Types of Health Care Fraud & Department of Justice Focus,” South Carolina Bar Health Care Fraud Institute, November 2019
  • Representative Matters

    • Represented lead-defendant in first criminal prosecution of conduct related to syndicated tax conservation easement transactions including 10-week trial and pending appellate work.
    • Represented client in environmental investigation and response to a Grand Jury subpoena related to a liquid nitrogen accident that resulted in the deaths of six individuals at a food packaging facility in Gainesville, GA. The investigation involved OSHA and EPA regulations including the Clean Air Act.
    • Represented client in PPP fraud case, resulting in favorable plea and sentence to 366-day term of incarceration. Handled contested sentencing.
    • Defended client against Rule 102(e) professional misconduct allegations (administrative) and Rule 17(a)(2) and (3) allegations (enforcement division) related to client’s alleged role in advising a Ponzi Scheme. Conducted detailed investigation and prepared a comprehensive Wells response resulting in issuance of “no action” letter by SEC OGC.
    • Represented client in pill-mill case (21 USC § 846 conspiracy to distribute controlled substances) where client faced lengthy guideline range sentences if convicted, resulting in a reduced-charge plea to one count of 18 U.S.C. § 843(b), capping exposure at 4 years. At sentencing, the court imposed a favorable 2-year sentence.
    • Represented government contractor in internal investigation and parallel civil and criminal enforcement actions related to reporting and compliance under the Buy American Act (BAA), Trade Agreements Act (TAA), and Davis-Bacon Act (DBA) stemming from qui tam whistleblower complaint seeking civil monetary damages under False Claims Act. This matter was resolved as a civil matter for 5-figure sum (reduced from potential 7-figure exposure).
    • Represented clients in internal investigation and defense of enforcement action related to allegations made in qui tam whistleblower lawsuit under False Claims Act seeking civil monetary damages, resulting in dismissal of claims.
    • Represented company and principal in proactive internal investigation in response to Grand Jury subpoena investigating DOL and federal immigration law compliance, resulting in corporate plea agreement to resolve 18 U.S.C. § 371 conspiracy to commit visa fraud allegations in relation to use of H-1B visa program in corporate staffing business.
    • Defended biotech pharmaceutical company in parallel civil and criminal investigations by CA DOJ and OSHPD under California CTRx laws, including facial and as applied challenges to constitutionality of CTRx statute, resulting in administrative resolution for pennies on the dollar.
    • Represented pharmacy owner and operator in defending 36-count healthcare fraud indictment alleging wire fraud, identity theft, anti-kickback statute violations, and money laundering regarding alleged compounding pharmacy scheme to defraud Tricare, resulting in Fed. R. Crim. P. 11(c)(1)(C) plea to 366-day term of incarceration.
    • Defended renown stem-cell and regenerative medicine research scientist in IEEPA prosecution (brought under national security powers) involving components from Homeland Security (ICE-HSI), Commerce (BIS), and FBI, resulting in dismissal/declination.
    • Defended business owner in 18 U.S.C. § 371 conspiracy to commit visa fraud prosecution, DOL matters, and related forfeiture proceedings stemming from use of H-1B visa in corporate staffing business resulting in guilty plea, minimum possible sentence, and financial stability for client’s business and family during period of incarceration based on favorable resolution of forfeiture matters.
    • Represented former intelligence agency contractor charged with causing grave danger to national security under the Espionage Act from indictment through plea and post-conviction work, including CA11 appeals, proceedings pursuant to CIPA, Motion for Compassionate Release, and presidential pardon request.                                                                                              
    • Handled criminal investigation (declined), CBP asset seizure and forfeiture (settled for pennies on dollar), and IRS voluntary disclosure (accepted) all stemming from search of duffel bag containing large six-figure sum at domestic airport. All matters were resolved favorably.
    • Handled parallel civil and criminal investigations and defended SEC enforcement actions involving allegations of securities fraud, resulting in negotiated civil settlement for pennies on the dollar.
    • Served as law clerk to Special Master and Chief Judge Timothy C. Batten, Sr., in § 1983 civil rights case involving unconstitutional raid of Atlanta Eagle night club.
  • Publications

    • Co-Author, “Reassessing the Overexpansion of RICO in White Collar Cases,” The White Collar Crime Committee Newsletter, ABA Criminal Justice Section, Winter/Spring 2022
    • Co-Author, “Compassionate release — a prisoner’s dilemma revisited,” Westlaw, September 27, 2021
    • Interviewed, “Law Alumni Council President, Brett Switzer, wants students to take advantage of every opportunity,” Georgia State News Hub, February 5, 2021
    • Co-Author, “A Prisoner’s Dilemma: COVID-19 and Motions for Compassionate Release,” Westlaw, May 28, 2020
    • Co-Author, “Lessons for General Counsel from Recent Cyberattack on the U.S. Office of Personnel Management,” Daily Report, August 2015
    • Co-Author, “Silence Is Golden? Rose and Its Focus on Real Property Surrendered in Chapter 13,” American Bankruptcy Institute Journal, January 2015
  • Community

    • CURE Young Professional Leadership Council
    • Georgia State University Law Alumni Council
      • Past President, Executive Committee
      • Past Chair, Student Relations Committee