Brian E. Dickerson

Partner

Washington, D.C.
600 14th Street NW, Suite 400
Washington, D.C. 20005
P 202.570.0248
F 202.697.4896
E bdickerson@ralaw.com
Naples
850 Park Shore Drive
Trianon Centre, 3rd Floor
Naples, FL 34103
P 239.649.6200
F 239.261.3659



Brian E. Dickerson

Partner

Phone: 202.570.0248
Fax: 202.697.4896
Email: bdickerson@ralaw.com

Mr. Dickerson focuses his practice on complex litigation and regulatory matters defending clients against government actions, administrative proceedings and parallel civil and criminal proceedings. He litigates complex fraud cases, including securities, bank, mortgage, procurement and health care fraud (stark law and false claims cases), as well as Foreign Corrupt Practices Act (FCPA) matters in federal and state courts throughout the U.S.

His national defense practice involves the representation of individuals and companies in civil, regulatory and criminal matters related to government procurement, compliance and litigation. He routinely represents officers and directors, physicians, hospitals, financial institutions, household good companies, food companies, as well as Fortune 500 companies in matters related or initiated by the SEC, FDA, Department of Justice, and other federal and state regulatory agencies. He has defended clients in such matters in Florida, Ohio, Illinois, District of Columbia, New York, Illinois, Michigan, Tennessee, Colorado, Georgia, Texas, Arizona, California, Nevada, Utah, Indiana and Virginia.

His experience includes the representation of domestic and international manufacturers, suppliers and distributors in defending governmental agency investigations into the manufacturing and distribution process and third party transactions causing exposure to false claims and FCPA violations. He regularly conducts internal investigations to identify areas of risk and insure compliance. He provides counsel on developing and implementing compliance programs for companies and their global operations.

Representative Matters

  • Successfully defended taxpayers’ claim alleging arbitrary and capricious action under the Administrative Procedures Act against the Internal Revenue Service’s Motion for Dismissal
  • Defended a physician named as a co-defendant in a Qui Tam/ False Claim suit brought by co-defendant’s former employee. The Department of Justice intervened and after aggressive motions and discovery, the client participated in a settlement agreement that excluded the client from any financial participation
  • Persuaded the Department of Justice not to intervene in a Qui Tam / False Claims Act suit involving a physician’s group and three principal physicians brought by a co-defendant’s former employee. As a result of an aggressive, trial ready defense, the whistleblower dismissed the clients from the lawsuit with prejudice
  • Defended a manufacturer of cement and concrete products used in highway project in an investigation by the Department of Justice, alleging a False Claims Act violation regarding invoice submitted to the U.S. Department of Transportation in violation of the American Recovery Act
  • Represented a Fortune 500 drug store chain in the defense of a False Claims Act pursued by the Office of the Inspector General and the Department of Justice, alleging the company had violated the False Claims Act by employing a pharmacist who was on the OIG excluded list. A forensic document analysis revealed the pharmacist in question was a placement employee of a third-party company. Both government entities dismissed the investigation and declined to pursue further action against the client
  • Represented an independent pharmacy in a seizure and forfeiture action brought by the Drug Enforcement Agency and the U.S. Attorney for the Eastern District of Michigan in two separate searches and seizures of pharmacy operations and related bank accounts. As a result of an aggressive discovery and deposition strategy, the client’s property was returned
  • Represented a U.S. based company in a Foreign Agent Registration Act (FARA) investigation by the Department of Justice, National Security Division, alleging the entity was under the control of a foreign official or state. After complying with a subpoena, it was established that the client was not subject to FARA and could continue to operate as an established U.S. owned company
  • Defended an individual named as a co-defendant in a securities fraud class action in the United States District Court of Utah resulting in the District Court denying class certification and limiting damages
  • Defended a telecommunications provider in an investigation by the Federal Communications Commission (FCC) and Department of Justice in allegations of fraud regarding the Lifeline Program
  • Drafted and implemented a Foreign Corrupt Practice Act and U.K. Bribery Act Compliance & Training program for a global medical device company
  • Drafted and implemented a Health Care Fraud Compliance & Training program for ten skilled nursing facilities of a closely-held health care company
  • Advised a global mining company on third-party due diligence and conducted management employee and agent database training for the client’s global operations
  • Defended a former COO in multi-district parallel proceedings involving $1.9 billon in securities fraud
  • Obtained dismissal of securities fraud and Racketeer Influenced and Corrupt Organizations Act (RICO) complaint filed against a promoter in U.S. District Court in Utah
  • Persuaded the U.S. Securities and Exchange Commission (SEC) Utah office to decline proceeding on securities fraud claims against a company and its officers
  • Defended a COO in a $2.9 billon criminal private securities fraud indictment and trial
  • Defended a former CEO and President in parallel proceedings involving numerous civil suits and federal investigation into securities fraud, international money laundering and tax evasion
  • Avoided prosecution through non-prosecution agreement for a securities company and its founder in Virginia
  • Granted dismissal of complaint against four defendants in an alleged securities fraud matter in a Nevada state court
  • Avoided prosecution for a securities company in a multi-state federal task force investigation related to honest services fraud and bribery allegations
  • Obtained dismissal of a civil complaint alleging securities fraud and RICO complaint against the founder of an international beverage company in Florida
  • Represented a client in a Federal Corrupt Practices Act (FCPA) investigation where they received information that the company's raw material broker was possibly involved in kickbacks from suppliers located in Central and South America
  • Negotiated diminimus settlements and dismissals in various food outbreak cases throughout Florida
  • Obtained dismissal in a civil action commenced based upon U.S. Food and Drug Administration (FDA) violations in Colorado
  • Persuaded the U.S. Attorney's Office not to intervene in False Claims Act (FCA) complaint in Georgia
  • Successfully negotiated non-prosecution agreement for a payroll account manager in U.S. District Court in New Jersey
  • Obtained summary judgment on behalf of developer against architect in Florida
  • Received dismissal of a product liability complaint against an international food company in Ohio
  • Successfully argued summary judgment for Nestlé Purina in an employment matter filed in federal court in Ohio
  • Court of Appeal for Sixth Circuit affirmed employment litigation matter for Nestlé Purina
  • Obtained Differed Prosecution Agreement for a Director of Operations of a mobile dental lab in multi-state federal and state Medicaid fraud prosecution
  • Defended numerous businesses in tax fraud investigations
  • Avoided felony prosecution for Chief of Staff of state governmental office in bribery and political campaign investigation
  • Acquired dismissal of 56-count indictment of the spouse of a CEO, who included her as Secretary of the corporation
  • Obtained a defense jury verdict in favor of a hospital and food manufacturer on food product liability claims
  • Defended a medical device manufacturer in claims by the FDA and state agencies on off-label use marketing
  • Defended officers of international pharmaceutical company in off-labeling false claims and criminal prosecution
  • Advise and implement pharmaceutical and medical device companies on FCPA compliance programs and training

Accomplishments

  • Named among Chambers USA's "Other Noted Practitioners" for Litigation: White-Collar Crime & Government Investigations - Florida (2014)
  • AV® Preeminent™ rating from Martindale-Hubbell Law Directory
  • Selected as an "Ohio Super Lawyer" by Ohio Super Lawyers magazine (2013 & 2014)
  • Selected as an "Ohio Super Lawyers - Rising Star" by Ohio Super Lawyers magazine (2005-2007, 2010 & 2011)

Education

  • 1996, J.D., Capital University Law School
  • 1996, M.S., Ohio University, Sports Administration
  • 1993, B.S., MacMurray College

Professional Affiliations

  • American Bar Association, White Collar Crime Committee, Co-Chair Florida Regional Subcommittee (2010-2012)
  • Ohio State Bar Association
  • Illinois Bar Association
  • The District of Columbia Bar
  • Columbus Bar Association
  • Collier County Bar Association
  • Defense Research Institute (DRI), Corporate Integrity and White Collar Crime Committee (CIWCCC)
    • CIWCCC Newsletter, Editor (2008)

Community Affiliations

  • Naples Equestrian Challenge, Board Member (2013)
  • Ohio University Sports Administration Alumni Board

Publications

Presentations

  • "Corporate Integrity Agreements and Growth of Corporate and Independent Monitors with DOJ" - Annual Convention for the Association of Former Special Agents of the IRS (November 2013)
  • "False Claims Act - Are You Prepared?" - Hylant Group (November 2013)
  • "Foreign Corrupt Practices Act in Latin America - Implementing FCPA Compliance and Mitigating Legal Risks" - Cuban American Bar Association (November 2013)
  • "Corporate Compliance No Longer Voluntary" - Roetzel's Fifth Annual Executive and Corporate Counsel Forum (Columbus, October 2013 - Independence, November 2013)
  • "FCPA and UK Bribery Act Compliance and Enforcement" - Fall 2013 USLAW Network Client Conference, Vancouver, Canada (Sept 2013)
  • "False Claims Act – Litigation Trends & Settlements" - Thomson Reuters (Sept 2013)
  • “Assessing Compliance Risks and Minimizing Civil and Criminal Liability Under New HIPAA Omnibus Rule” - South Florida Hospital & Healthcare Association, HIT Educational Event - Surviving a Data Breach, Fort Lauderdale, FL (Aug 2013)
  • “The Global Impact of the Foreign Corrupt Practices Act (FCPA) and the Foreign Agent Registration Act (FARA)” - Global Law and Investment Forum with TEFLA and USLAW, Moscow, Russia (June 2013)
  • "FCPA Compliance and Training 2013" - Licensing Executives Society International (LESI) Annual Conference, Rio De Janeiro, Brazil (April 2013)
  • "Antitrust Training and Compliance" - National Tax Lien Association Annual Conference, Miami, FL (April 2013)
  • New Year, New Rules: Fraud & Claims Enforcement, Compliance and Risk Management - Roetzel Seminar (February 2013)
  • "New Era of White Collar Cases" - Lexis (2012)
  • "Summary of SEC and DOJ Guidance on FCPA Enforcement" - USLAW (November 2012)
  • "Implementing a Corporate Compliance Program" - Association of Corporate Counsel (ACC), Cleveland (2012)
  • "Strategies in False Claims Act (FCA) Cases and Compliance Techniques" - Roetzel Seminar: Medical Malpractice Claims - The Impact of Being Sued, Ohio (2012)
  • Healthcare Certificate Course" - FAU School of Accounting Executive Program (2012)
  • "Responding to Government Enforcement Actions and Investigations" - Food, Drug and Medical Device Litigation Forum, HB Litigation Conferences (2012)
  • "Health Care Fraud Prosecutions: Developments and Trends / Defense Strategies" - Association of Federal Defense Attorneys (2011)
  • "White Collar Criminal Practice in Florida - Perspectives from the Prosecution and Defense" - American Bar Association, Criminal Justice Section (2011)
  • "Emerging Issues Within Florida White Collar Crime Practice" - American Bar Association, Criminal Justice Section (2010)
  • "Evidence and Expert Testimony Best Practices: Supporting your Case" - National Business Institute, Columbus, Ohio (2009)
  • "Utilizing Non-Traditional Discovery Methods to Investigate and Defeat the Plaintiff's Case" - Grocery Manufacturers Association, Palm Springs, California and New Orleans, Louisiana (2009)
  • "Criminal Implications When Outbreaks and Recalls Occur" - Grocery Manufacturers Association, Washington, D.C. (2009)