R. Joseph Burby is a former federal prosecutor whose practice focuses on white-collar criminal defense, corporate internal investigations and complex civil litigation. A trial lawyer with more than 20 years of experience, Mr. Burby regularly defends companies and individuals in criminal and civil investigations by the Department of Justice and U.S. Attorney’s Offices across the country, as well as in regulatory investigations and civil enforcement actions by agencies such as the SEC, HHS-OIG, FDA, EPA and FDIC.
He also conducts internal investigations on behalf of corporations, boards of directors and board committees and counsels them on remedial actions and disclosure decisions. Mr. Burby has successfully handled cases involving health care fraud, securities fraud, the False Claims Act, antitrust violations, the Foreign Corrupt Practices Act, RICO violations, tax fraud, environmental violations, money laundering, immigration offenses and mortgage fraud, among other subjects.
Mr. Burby often counsels companies going through critical situations, whether caused by law enforcement actions or other major disruptive events. He has experience working with law enforcement agents and regulators with nearly every agency of the federal government and uses that experience to help companies respond to these difficult situations.
Prior to joining the firm, Mr. Burby served for five years as an Assistant U.S. Attorney for the Northern District of Georgia. As a federal prosecutor, Mr. Burby investigated and prosecuted a wide range of offenses but focused primarily on public corruption and white-collar crimes.
He successfully tried numerous cases, including the first criminal securities fraud trial in Georgia and a capital case in which the jury returned a death sentence, and also briefed and argued cases before the Eleventh Circuit Court of Appeals.
He was involved in several high-profile cases, most notably the successful prosecution of Centennial Olympic Park bomber Eric Rudolph. Mr. Burby received The John Marshall Award, one of the Justice Department’s highest honors, for his work on the Rudolph case.
Earlier in his career, Mr. Burby served as an Assistant District Attorney in the Fulton County District Attorney’s Office in Atlanta, where he was a member of the Major Felony Unit and successfully tried numerous homicide and other complex, high-profile cases.
- University of North Carolina-Chapel Hill, J.D., with honors, 1996
- University of North Carolina-Chapel Hill, B.A., with distinction, Phi Beta Kappa, 1993
- Georgia, 1996
- United States Court of Appeals for the Eleventh Circuit
- United States District Courts for the Middle, Northern, and Southern Districts of Georgia
- Supreme Court of Georgia
Professional Affiliations :
- American Bar Association – Criminal Justice Section, White Collar Crime Committee
- State Bar of Georgia – Criminal Law and Health Law Sections
- Atlanta Bar Association – Criminal Law Section
- Federal Bar Association – Atlanta Chapter
Representative Experience :
- Represented one of world’s largest banks in formal SEC investigation related to alleged mismarking of CDS portfolios to conceal losses. Result: No action filed by SEC and investigation closed.
- Represented wealth management division of major bank in SEC insider trading investigation related to trader’s purchase of bonds shortly before their redemption by the issuer at a higher price. Result: No action filed by SEC and investigation closed.
- Represented foreign executives of major auto parts manufacturer in criminal investigation by DOJ Antitrust Division and related investigation by European Commission.
- Represented CFO of nationwide department store chain in formal SEC investigation of accounting errors that resulted in restatement. Result: No action filed against client.
- Represented quality assurance manager of major food manufacturer in criminal investigation by DOJ and FDA related to nationwide salmonella outbreak. Result: Client was not charged.
- Represented former CEO of hospital and two in-house attorneys as third-party witnesses in False Claims Act lawsuit.
- Represented individual charged with trafficking in counterfeit goods and various intellectual property crimes. Client was acquitted of all charges following two-week jury trial in federal court in Atlanta.
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