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A. Brian Albritton

Partner

Areas Of Focus
False Claims ActWhite Collar Defense and Investigations

With more than 30 years of experience — including serving as the U.S. Attorney for the Middle District of Florida — Brian Albritton concentrates his practice on:

  • “White collar” criminal defense matters and investigations, including claims of health care fraud, such as kickbacks
  • False Claims Act/Qui Tam and other types of whistleblower investigations and litigation
  • Regulatory compliance matters, including unfair and deceptive trade practice actions brought by the Federal Trade Commission and state attorneys general
  • Complex commercial litigation

Brian authors the blog False Claims Act and Qui Tam Law.

False Claims Act/Qui Tam

Brian has defended numerous False Claims Act/Qui Tam (FCA) investigations and suits. He has an impressive track record of resolving False Claims Act matters under seal and getting the government to decline intervention. Brian has successfully litigated numerous health care fraud related FCA cases, mostly notably U.S. ex rel Phalp v. Lincare Holdings, Inc. et al., 857 F.3d 1148 (11th Cir. 2017).

"White Collar” Criminal Defense

Brian is a seasoned defense counsel who has defended a wide variety of white collar defense matters, including a number of health care fraud investigations and cases. Much of Brian’s success in defending white collar matters has come at the pre-indictment or investigative stage. Presenting the results of his own extensive internal investigations, Brian frequently convinces the government to decline prosecution and close its investigation before the matter ever becomes public.

Brian served as U.S. Attorney for the Middle District of Florida from 2008-10, one of the leading districts for prosecuting FCA and white collar criminal cases. With offices in Tampa, Ft. Myers, Orlando, Jacksonville and Ocala, under Brian’s leadership, the District gained national recognition for its “Mortgage Fraud Surge” initiative and for its civil and criminal prosecution of health care fraud. Brian established the Tampa Division’s Medicare Fraud Strike Force (the “HEAT Team”) and resolved United States v. WellCare Health Plans, Inc., one of the nation’s largest health care fraud cases.

Defending Regulatory Actions Brought By Government Agencies and Attorneys General

Brian advises clients and handles litigation involving actions brought against them by governmental agencies for regulatory and compliance violations, most often health care related. This nontraditional litigation often involves elements of civil and criminal practice. He has defended clients before a variety of administrative and governmental agencies, including numerous unfair and deceptive trade practice actions brought by state attorneys general and the Federal Trade Commission.

His thorough grasp of the complex regulatory regimes that companies must operate in – such as the health care and mortgage finance industries – is an asset to clients.

Experience

False Claims Act/Qui Tam

  • Successfully defended sellers of a small in-patient psychiatric hospital accused of violating FCA by submitting false cost reports relating to its sale. Investigated allegations and made several presentations of evidence to U.S. Attorney and FBI. U.S. Attorney declined to intervene, and qui tam relator dismissed.
  • Obtained a favorable “single damage” no interest settlement while matter was under seal for a Florida hospital accused as part of nationwide qui tam of violating FCA by intentionally upcoding the severity diagnosis of pneumonia patients to increase Medicare reimbursement. Upcoding allegations were based on statistical model. Investigated hospital’s coding practices and patient mix and presented evidence to U.S. Attorney.
  • Defended internal medicine physician in non-intervened qui tam accusing him of Medicare fraud arising from alleged kickbacks for prescribing compound pharmaceuticals. Obtained dismissal of relator’s complaint and amended complaint.
  • Successfully defended ocular surgeon accused of violating the FCA by allegedly engaging in Medicare fraud including upcoding and unnecessary surgical procedures. Investigated allegations and made several presentations of evidence to U.S. Attorney. U.S. Attorney declined to intervene, and court dismissed qui tam.
  • Won dismissal of qui tam for a gastroenterologist group and their ambulatory surgical center (ASC) of violating the FCA by allegedly engaging in Medicare fraud through their ownership of an anesthesiology practice, which provided services to their ASC. Investigated allegations and made several presentations of evidence to U.S. Attorney showing that gastroenterologists’ ownership of anesthesiology practice did not violate the Anti-Kickback Statute. U.S. Attorney declined to intervene, and relator ultimately dismissed the qui tam.
  • Defended Pinellas County Emergency Medical Services Authority (PEMSA) of violating the FCA by allegedly receiving a contractual inducement or “kickback” from its emergency services vendor in the form of a share in profits paid to the PEMSA in the event that vendor exceeded contract’s profit cap provision. PEMSA paid nuisance settlement and the matter was dismissed.
  • In a large multi-defendant qui tam, won dismissal for a claims-adjuster company that adjusted claims for insurers of property owners damaged by Hurricane Katrina. Relator accused adjuster and insurers of committing fraud by falsely inflating claims on flood insurance policies backed by the federal government while reducing claims paid on privately backed wind-insurance policies. Obtained dismissal on grounds that relator was not an original source.
  • Defended apartment owner who converted apartments to condos from U.S. Attorney and HUD-OIG claim that he violated the False Claims Act by defrauding HUD in sales of properties. Obtained settlement with U.S. Attorney and HUD-OIG prior to filing complaint for less than alleged single damages.
  • Defended Medicare provider of durable medical equipment (DME) accused of violating the False Claims Act by allegedly violating Medicare rule prohibiting DME providers from making unsolicited calls to Medicare beneficiaries. Litigated over several years. Obtained summary judgment against relators, U.S. ex rel. Phalp v. Lincare Inc. d/b/a Diabetic Experts of America, 116 F. Supp. 3d 1326 (S.D. Fla. 2015) and U.S. ex rel. Phalp v. Lincare Inc. d/b/a Diabetic Experts of America, 2016 WL 3961840 (S.D. Fla., Jan. 11, 2016), which was affirmed on appeal, U.S. ex rel Phalp v. Lincare Holdings, Inc. et al., 857 F.3d 1148 (11th Cir. 2017).
  • Successfully defended major construction contractor W.G. Yates and Sons Construction in a False Claims Act case. The construct project was a $194.7M contract for barracks construction at Marine Corps Base at Camp Lejeune, North Carolina.

"White Collar” Criminal Defense

  • Represented tomato grower and processor accused by U.S. Attorney and Department of Agriculture-OIG of defrauding the federal crop insurance program. Client was initially identified as a grand jury target, but after several presentations to the government, the U.S. Attorney declined the matter.
  • U.S. Department of Education-Inspector General agents in conjunction with the U.S. Attorney’s office executed a search warrant on a local for-profit technical college looking for evidence that the school had allegedly misappropriated federal student financial aid by failing to refund student aid funds for students who either withdrew or dropped early in term. After conducting lengthy internal investigation and analysis and presenting results, the U.S. Attorney’s office closed the investigation.
  • Represented local businessman alleged to have been a conduit for factoring investment scheme which turned out to be Ponzi scheme. Though a suspect in the investigation of the Ponzi scheme’s collapse, convinced U.S. Attorney’s office to decline the matter. Later defended client in a Civil-RICO lawsuit alleging he had conspired with Ponzi scheme and obtained summary judgment on his behalf.
  • Defended a lawyer investigated by U.S. Attorney and FBI for interstate extortion for sale on behalf of a client of allegedly compromising materials involving a celebrity. After presentations, the U.S. Attorney’s Office declined the matter.

Health Care

  • Physician and group practice accused by U.S. Attorney’s office of referring patients to local hospital in return for kickbacks related to office arrangement. Represented key physician identified as target. Government elected not to proceed with prosecution.
  • Defended pain care physician who was subject to search warrant by U.S. Attorney’s office and DEA and was accused of illegal billing. U.S. Attorney elected not to pursue the matter.
  • Represented principals of home health care agency accused of paying kickbacks to marketer and of altering paperwork to make ineligible patients eligible for services. U.S. Attorney elected not to pursue the matter.

Insights

Recognition

  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Chambers USA: America’s Leading Lawyers for Business - Litigation: White-Collar Crime & Government Investigations (2022-2024)
  • Antitrust Law (2023-2025), Commercial Litigation (2015-2025), Criminal Defense - White-Collar (2009-2025), Litigation - Health Care (2016-2025), Qui Tam Law (2017-2025), "Lawyer of the Year" Litigation - Health Care (2018, 2024), "Lawyer of the Year" Criminal Defense: White-Collar (2022), "Lawyer of the Year" Antitrust Law (2025), The Best Lawyers in America
  • Florida Super Lawyers list, Super Lawyers (2009, 2011-2024)
  • Marcelino "Bubba" Huerta III Award Recipient, Hillsborough County Bar Association - Criminal Law Section (2016)
  • George C. Carr Memorial Award Recipient, Federal Bar Association - Tampa Bay Chapter (2009)
  • Legal Elite, Florida Trend (2007-2009, 2011-2015, 2017-2022)

Education

  • Boston College Law School, J.D., cum laude, 1988
  • Harvard Divinity School, M.T.S., 1982
  • New College of the University of South Florida, B.A., 1979

Credentials

  • Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Judicial Law Clerk for Hon. William Terrell Hodges, U.S. District Court, Middle District of Florida

Memberships and Affiliations

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

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