Alex J. Brackett Partner

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Alex is a member of the Government Investigations and White Collar Litigation department, and co-head of McGuireWoods’ Strategic Risk and Compliance team. His practice focuses primarily on advising and supporting corporate and individual clients in the areas of white collar criminal defense and internal investigations.

He has a particular focus on financial industry investigations, anticorruption laws such as the U.S. Foreign Corrupt Practices Act (FCPA), export control laws and sanctions and trade restrictions, including those administered by the Office of Foreign Assets Control (OFAC), in addition to general white collar defense and corporate compliance matters. His client work has taken him to 21 countries on six continents.

Alex has participated in numerous internal investigations for large corporate clients, and in the defense of criminal and regulatory investigations involving alleged violations of export control laws, healthcare fraud, mortgage fraud, securities fraud, financial fraud, environmental crimes and bribery. He also has experience in related civil litigation, including the defense of False Claims Act/qui tam litigation from initial DOJ investigations through resolution, and the defense of claims arising under Title III of the Helms Burton Act.

Alex has played a key role in the design, implementation and conduct of multiple ethics and compliance risk assessments, gap analyses, audits and other reviews focusing on various subjects, including anticorruption compliance, export controls, trade restrictions and anti-money laundering. He has extensive experience helping major corporate clients design and implement ethics and compliance programs and key components thereof. He has conducted compliance audits, reviews and risk assessments for several Fortune 500 clients in a variety of industries across various subjects, including FCPA audits, investigations, training, and M&A and third-party due diligence. Alex also counsels numerous clients regarding compliance with cannabis-related laws and regulations. He regularly advises clients in these areas on an ongoing basis.

Alex’s experience includes working as a member of an independent monitor team. He has been involved in the successful pursuit of civil claims arising from an FCPA plea agreement and settlement.

Alex is active in his community civic organizations, serving as President of the Virginia Chapter of the Juvenile Diabetes Research Foundation (JDRF). While earning his law degree at the University of Richmond, he was a member of the McNeil Law Honor Society. As an undergraduate at the University of Virginia, he received the Rachel St. Paul Poetry Prize.

Experience

  • Assisting clients in the assessment and defense of claims threatened under Titles III and IV of the Helms Burton Act.
  • Representation of a Fortune 500 defense contractor in a $2.5 billion qui tam lawsuit filed by a former employee over alleged manufacturing process and product quality defects.
  • Representation of a Fortune 500 financial institution in a three-year grand jury investigation conducted by the U.S. Attorney’s Office for the Western District of Virginia and SIGTARP alleging misadministration of the Home Affordable Modification Program (HAMP), which resulted in a non-criminal resolution via a first-of-its-kind restitution and remediation agreement valued at up to $320 million.
  • Representation of a financial institution in its development of its cannabis banking compliance program.
  • Representation of a major food distribution company in a multi-jurisdictional price gouging investigation associated with pandemic pricing controls.
  • Investigation of potential FCPA violations by several non-U.S. operating subsidiaries of a Fortune 10 company, resulting in voluntary disclosure to the DOJ and SEC (with no adverse action taken), several follow-on investigations of operations in Central and South America, and ongoing involvement in related reviews across the company’s operations worldwide.
  • Conducting a global anticorruption review of one of the world’s leading multinational medical device manufacturers in connection with its acquisition by a Fortune 500 pharmaceutical and medical device company in a multibillion-dollar transaction.
  • Assisting a Fortune 500 mixed industrial client in overseeing a due diligence program covering more than 300 third-party agents, distributors and other company representatives across multiple lines of business operating in dozens of countries.
  • Ongoing representation of a Fortune 500 energy company on export control, anticorruption, trade restrictions and other compliance matters, including revising policies, procedures, contractual provisions and screening tools with regard to trade restrictions, export controls and FCPA/anticorruption concerns.
  • Representation of a privately-held international commodity trading company in a grand jury investigation involving the EPA and the U.S. Attorney’s Office for the Southern District of Texas regarding alleged environmental violations in connection with the export of certain petroleum products from the United States, and subsequent disposal of related materials outside the United States.
  • Representation of an international Fortune 500 food manufacturer in a joint investigation by the EPA, the Ohio Attorney General’s Office and state and local environmental regulators of whistleblower allegations at the Ohio processing facility of a company subsidiary.
  • Representation of an international Fortune 500 mixed industrial manufacturer in a joint investigation by the U.S. Attorney’s Offices for the Western District of Virginia and the District of Massachusetts and alleged false statements related to a defense-related government contract.
  • Representation of a doctor and his company in one of the largest Medicare fraud cases brought in Virginia as of that date, which was prosecuted by the U.S. Attorney’s Office for the Eastern District of Virginia.