J. Scott Gilbert

J. Scott Gilbert was admitted to the Mississippi Bar in 2006, and the Texas Bar in 2017. Scott practices primarily in the areas of white-collar criminal defense, asset forfeiture litigation, criminal appellate litigation, criminal and civil healthcare litigation, False Claims Act litigation, and governmental and corporate investigations.  He has represented clients who were under state or federal criminal investigation, successfully guiding them through the process and avoiding charges.  Scott has trial experience defending criminal cases and represents clients in the federal and state courts throughout the United States in criminal matters, civil False Claims Act matters, and in both civil and criminal asset forfeiture cases. He is an adjunct professor at Mississippi College School of Law, where he teaches Federal Criminal Practice and Asset Forfeiture Law.

Before joining the firm, Scott served as an Assistant United States Attorney in the Criminal Division of the Southern District of Mississippi, where he litigated white-collar criminal matters, including health care fraud, money laundering, Bank Secrecy Act, bank fraud, asset forfeiture, and public corruption. Scott’s criminal practice also included appellate work in the Fifth Circuit Court of Appeals. Besides criminal cases, Scott litigated civil health care fraud cases and other False Claims Act and qui tam matters. While with DOJ, Scott was a frequent lecturer on money laundering and asset forfeiture at the Department of Justice training facility in Columbia, South Carolina. Scott also spent time at "Main Justice" in Washington, D.C. managing the Asset Forfeiture and Money Laundering program for the 94 United States Attorney's offices.   

Representative Criminal Defense Work

• White Collar Criminal Defense
  • Tried criminal cases in state and federal courts in multiple jurisdictions.
  • Represented clients in asset forfeiture matters in state and federal courts in multiple jurisdictions.
  • Serves as an expert witness in asset forfeiture law and procedure.
  • A history of vindicating clients accused of crimes, and of obtaining dismissals of felony and misdemeanor criminal charges in numerous cases.

For example:

• Represented a client who was wrongfully accused of fraud and obtained a dismissal of the indictment as a result of investigating the case and uncovering an embezzlement scheme involving the alleged “victim” of the fraud.
• Represented a client charged with credit card fraud and obtained a dismissal of misdemeanor charges and convinced the District Attorney to decline a felony prosecution based on evidence proving the client was innocent discovered during the defense investigation.
• Represented a client charged with criminal false pretense, and successfully negotiated with the district attorney to have the charge remanded without presentation to the grand jury.
• Represented a client accused of criminal theft of government funds by a federal agency, and successfully negotiated a civil settlement with the U.S. Attorney, avoiding criminal charges.
• Represented a state employee accused of submitting false reimbursement requests to a state agency, and convinced the agency that there was insufficient evidence to warrant referring the matter for criminal investigation.
• Represented a college student accused of a Title IX violation, which involved an internal school investigation and a criminal investigation. The client was not found to have engaged in any wrongful conduct.
• Obtained a favorable plea agreement in the middle of a Federal trial based on several discovery violations uncovered during trial preparation. The plea agreement permitted the client, who was caught on a small airplane with 150 pounds of marijuana, to avoid a disenfranchising conviction and to be immediately released and sentenced to time served. 

• Criminal and Civil Healthcare Litigation
  • Represents doctors and health care businesses under civil and criminal investigation by various state and federal law enforcement agencies.  Scott has obtained resolutions that avoided criminal prosecution or conviction and allowed doctors to keep their medical licenses.

For example:

• Represented two doctors and their practice during an investigation by the State Medicaid Fraud Control Unit. The investigation was closed with no criminal charges filed.
• Represented doctors in several different cases who were under investigation by the DEA for pharmaceutical diversion. Negotiated resolutions in each case that avoided criminal charges and allowed the doctors to keep their licenses.
• Represented a doctor who was under investigation in multiple states by the DEA for pharmaceutical diversion. Persuaded prosecutor not to pursue criminal charges, and helped the doctor regain her DEA license.
• Represented a doctor under state and federal criminal investigation and negotiated a pre-trial diversion resolution in state court and a declination of the case in federal court. The doctor did not lose his medical license and was able to obtain a new DEA license.
• Represented pharmacies and pharmaceutical distributors in both administrative and criminal investigations.

• False Claims Act and Qui Tam Litigation
  • Represents companies and individuals named in False Claims Act or Qui Tam actions.

For example:  

• Represented a managed care company in Mississippi in a False Claims Act Qui Tammatter and obtained a contested dismissal of the case with prejudice before discovery began.
• Represented a trucking company in Virginia against government allegations of false claims related to wage and hour regulations.
• Represented a large multi-specialty group practice in a federal False Claims Act investigation, and obtained a pre-suit resolution without the imposition of penalties or double damages.
• Represented a nationwide home health and hospice provider in a False Claims Act suit and obtained a settlement of the case without the imposition of penalties or refunded claims payments.
• Represented individual physicians and health care practices in various False Claims Act cases in multiple federal districts.

• Corporate Investigations and Healthcare Business Representation
  • Conducts internal corporate investigations on behalf of large and small companies into potential criminal conduct by employees and by outside entities, and to ensure compliance with Stark, Anti-Kickback, billing, prescribing and other regulations and rules.
  • Represents health care practices, providing advice and counsel in the various aspects of day-to-day operations, such as Stark and Anti-Kickback law implications of business activities, contract negotiation, medical billing, fair market value assessments and tax and other regulatory issues.

For example:

• Represented an ambulatory surgical center during its efforts to expand the services it offered, including acquiring new members and specialists.
• Represents a non-profit mental health provider in various aspects of its business operation, including general day-to-day advice, before the Department of Revenue, and in negotiating complex physician employment contracts. 
• Represents a community based mental health service provider in all aspects of the provider’s regulatory compliance program.
• Represented a health care provider at trial in a retaliatory discharge case. Obtained a directed verdict in favor of the client at the end of the plaintiff’s case.
• Conducted an internal investigation at a large company, and guided the organization through the process of self-reporting and avoiding any adverse consequences.

• Asset Forfeiture
  • Represented criminal defendants and claimants in criminal and civil forfeiture cases throughout the United States in federal and state courts, including: 
    • The Southern District of Mississippi
    • The Northern District of Georgia
    • The Western District of Virginia
    • The Eastern District of Texas
    • The Northern District of Texas
    • The District of Delaware
    • The Southern District of Alabama 
  • Represented a business owner and commercial landlord in Texas whose tenant had exposed the client’s commercial property to federal forfeiture. Persuaded the government to resolve the matter with no action taken against the business or the property.
  • Obtained the return of seized property both pre- and post- verdict. For example:
    • Obtained the return of $159,000 seized by local police during a traffic stop.
    • Obtained a reversal of a federal court’s order declaring a client’s mortgage void in a post-conviction forfeiture proceeding. The appeal was heard by the 11^th Circuit Court of Appeals.
    • Represented a trucking company in Virginia during a federal criminal case. Advised the company's CFO on the legality of multiple transactions involving the sale and transfer of the company and its assets while the company was under indictment. The government sought a $40 million forfeiture, which was ultimately reduced to $2 million.
    • Obtained the return of $285,000 in a federal civil forfeiture case in Texas, despite the client being convicted in a parallel criminal case.
    • Represented a criminal defendant in an immigration case in the Eastern District of Texas, and obtained a dismissal of four parcels of real property that had been previously ordered forfeited by a jury.
    • Represented a claimant in a civil forfeiture in Mississippi and obtained the return of the entire $50,000 that was seized from the client by the Jackson Airport Police.
    • Represented a claimant in a federal civil forfeiture in Mississippi, and negotiated the return of all the seized money to the claimant.
    • Represented a claimant in a federal civil forfeiture case and negotiated a return of $26,000 in seized funds, despite the client being convicted in a parallel criminal case.
    • Negotiated the return of more than half the assets seized in a Mississippi traffic stop, resulting in $71,000 and a truck being released by the police.

• National Health Care Anti-Fraud Association, 2013 Investigation of the Year Award
• AV Preeminent Peer Review Rated by Martindale-Hubbell
• The Best Lawyers in America (2021-25, Criminal Defense: General Practice; Litigation - Health Care; Qui Tam Law)
• The Best Lawyers in America – Lawyer of the Year (2022-23, Criminal Defense: General Practice)

• American Bar Association
• Bar Association of The Fifth Federal Circuit
• Capital Area Bar Association
• Federal Bar Association
• National Association of Criminal Defense Lawyers
• Rankin County Bar Association
• State Bar of Texas
• The Mississippi Bar

• “Ethical Issues for Corporate Counsel,” Pfizer Legal Alliance Continuing Education, New York, NY, October 9, 2018 (with TreMarcus Rosemon)

• Anatomy of a Healthcare Investigation and Prosecution, MS Bar Health Law section Annual Meeting, July 12, 2017

• Criminal Implications of the Opioid Crisis - MS Bar Health Law Section CLE, April 20, 2018
• Health Law Compliance Fallout Panel - Mississippi College School of Law, Health Law Boot Camp, April 13, 2018
• Frequently lectured at the Department of Justice training facility, the National Advocacy Center, on the following topics:
  • Financial Fraud
  • Money Laundering
  • Asset Forefeiture
  • Bank Secrecy Act
• Health Care Fraud - Mississippi State University Health Care Forum - 2010