Brendan P. Gaffney

Brendan Gaffney focuses his practice on white collar criminal defense and internal investigations, representing individuals and public and private entities, including large fortune 500 companies, financial institutions, small privately held companies, partnerships and governmental entities. He has experience conducting internal investigations on behalf of public and private entities, and guiding those clients through government investigations, involving various allegations of financial fraud, mail/wire fraud, antitrust violations, health care fraud, bribery (including FCPA), theft of company funds, securities violations and other issues.

Brendan has represented entities and individuals (including witnesses, subjects and targets) in connection with civil, criminal and regulatory investigations conducted by various state, federal and international agencies involving a wide array of alleged wrongdoing, including:

• Bank fraud
• Health care fraud
• Antitrust violations
• Securities fraud
• Bribery
• Campaign finance violations
• Public corruption
• Violations of state and federal Anti-Kickback Statutes
• Foreign Corrupt Practices Act

This experience extends to representing individuals under federal criminal indictment, negotiating plea agreements and representing individuals through criminal sentencing.

In representing clients, Brendan has dealt with a variety of state, federal and international regulatory agencies, including, among others:

• FBI
• Department of Justice
• Federal Trade Commission
• SEC
• IRS
• U.S. Department of Health and Human Services
• U.S. Postal Inspection Service
• Texas Attorney General
• Oklahoma Attorney General
• UK Competition & Markets Authority

Brendan also has extensive experience investigating compliance issues and allegations of employer policy violations, including discrimination, harassment, bullying and misuse of funds. In this practice, Brendan works to find resolutions for companies and entities that effectively protect their legal and business interests.

Brendan is also an experienced civil litigator. Brendan’s civil litigation experience involves representing companies and individuals in litigation in state and federal court, including defending complex antitrust actions, shareholder derivative lawsuits and False Claims Act cases in which the United States has intervened.

Brendan’s representative experience includes:

• Representing individual in connection with criminal investigation by Department of Justice into allegations of violations of the Sherman Antitrust Act
• Conducted internal investigation on behalf of a public health care company upon the executive’s indictment for criminal securities fraud
• Guided a large nonprofit health care provider through the HHS-OIG Self-Disclsoure Protocol and achieved optimal settlement for potential violations of the Civil Monetary Penalties Law
• Defended former bank officer under indictment for making false statements to a bank, resulting in a plea to a lesser offense with a sentence of probation
• Defended public ambulance authority in False Claims Act case, in which the United States and the State of Oklahoma intervened, involving allegations of violations of the federal and Oklahoma versions of the Anti-Kickback Statute, resulting in a settlement far below the expense of a trial
• On behalf of major international technology company, conducted an internal investigation following the execution of an FBI search warrant on the company’s premises and an employee
• On behalf of a large accounting firm, conducted an internal investigation into a principal’s financial fraud, culminating in a criminal conviction of the principal after referral to the U.S. Attorney’s Office
• On behalf of a transportation company, conducted an internal investigation into an officer’s embezzlement of company funds, culminating in a criminal conviction of the officer after referral to the U.S. Attorney’s Office
• Conducted internal investigations into a wide array of allegations of discrimination and harassment on behalf of a public school district and police department
• Represented individuals and corporations in connection with federal investigations into political contributions and potential campaign finance violations
• Represented multiple individuals as witnesses in investigations by federal law enforcement
• Represented multiple individuals and entities as subjects and targets in federal criminal investigations, including at the post-indictment stage