Alex J. Brackett

Partner

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Practices
Industries
Education
  • University of Richmond School of Law, JD, summa cum laude, Manuscripts Editor, Law Review, 2004
  • University of Virginia, BA, with Distinction, 1999
Admissions
  • Virginia
  • U.S. Court of Appeals for the 2nd Circuit
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. District Court for the Eastern District of Virginia
Affiliations

Member, Virginia State Bar

Member, Virginia Bar Association

Board Member, Central Virginia Chapter, Juvenile Diabetes Research Foundation

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 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, financial fraud, environmental crimes and bribery. This includes serving as part of the defense team in the prosecution of ITT by the Department of Justice for violations of export control laws.

He has also 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 and trade restrictions. 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 conflict mineral disclosure obligations and related due diligence. 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. He has also been involved in False Claims Act/qui tam litigation from initial DOJ investigations through resolution.

Alex is active in his community civic organizations, serving as a board member and treasurer for the Central 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, he received the Rachel St. Paul Poetry Prize.

In the News

Alex J Brackett
vCard
T: +1 804 775 4749F: +1 804 698 2089Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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.

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.

Lexology Client Choice Award for White Collar Crime, Virginia, 2017

Named to "Legal Elite," Criminal Law, Virginia Business, 2015

Co-author, The Past, Present, and Uncertain Potential of Corporate Monitors, Washington Legal Foundation, Critical Legal Issues Working Paper Series, Number 202, July 2017
Co-author, "Regulatory Enforcement Post-Election," Today's General Counsel, February/March 2017
Co-author, "A Compliance Plan for the Extractive Industries Payment Disclosure Rule," The FCPA Blog, September 28, 2016
Co-author, "The Increasing Risk Of Criminal Prosecution For Food Cos.," Law360, January 22, 2016
Co-author, "Anticorruption Enforcement in Brazil: Part 2," Business Crimes Bulletin, Law Journal Newsletters, December 2015
Author, "Overreacting to risk can ruin a compliance program," The FCPA Blog, November 3, 2015
Co-author, "Anticorruption Enforcement in Brazil: Part 1," Business Crimes Bulletin, Law Journal Newsletters, November 2015
Author, "SEC 'broken windows' enforcement policy is showing FCPA results," The FCPA Blog, October 6, 2015
Contributor, "Op-Ed: The Yates Memo’s Pitfalls," The National Law Journal, September 16, 2015
Author, "SEC and FinCEN delivering One-Two Punch to Private Equity," FCPA Blog, September 9, 2015
Co-author, "Compliance Concerns Complicate Credit Agreements," Just Anti-Corruption, September 4, 2015
Co-author, "China’s Focus On Commercial Bribery Is A Wake-Up Call," Law360, Expert Analysis, July 28, 2015
Co-author, "Revisiting the Conflict Minerals Rule," Global Trade and Customs Journal, February 2015
Co-author, "Update on Brazil: Embraer SA and Anti-Corruption Progress," Main Justice, November 13, 2014
Co-author, "A Tale Of 2 Coasts: Handling Whistleblower Investigations," Law360, February 26, 2014
Co-author, "Brazil’s Clean Companies Act Comes into Effect," Main Justice, February 10, 2014
Co-author, SEC comments bring commercial bribery clearly into FCPA scope, The FCPA Blog, January 6, 2014
Co-author, "Foreign Bribery and Illegal Exports: What the Scientific Community Should Know," Public Interest Report, Federation of American Scientists, Spring 2011
Speaker, "Anatomy of a Whistleblower: How Compliance Program Failure Creates False Claims Act Risk," Compliance in the Real World — A Practical Roundup of Today’s Top Issues, October 25, 2017
Speaker, "When Compliance Programs Fail: Truth and Consequences," Compliance in the Real World; A Practical Discussion About Today’s Top Issues, McGuireWoods LLP Conference, May 17, 2017
Speaker, "Recapping and Forecasting Anticorruption Enforcement Trends," SEC Compliance and Disclosure Update, McGuireWoods LLP SEC Practice Complimentary Webinar Series, March 7, 2017
Speaker, "Data Breach Prevention and Response: An Interactive Simulation," The Data Privacy and Security Puzzle: Do You Have All the Pieces?, November 3, 2016
Speaker, Do Criminal Prosecutions Make Food Safer? The Problem With Regulating Food Safety Through Criminalization, Washington Legal Foundation Web Seminar Series, October 12, 2016
Speaker, Food Safety Crisis & Risk Management, McGuireWoods LLP Webinar, March 3, 2016
Speaker, "Foreign Corrupt Practices Act," 7th Annual Medical Device and Life Sciences Conference, November 19, 2015
Panelist, Strategic Risk & Compliance Trends for Private Equity, McGuireWoods LLP Webinar, November 10, 2015
Speaker, "Foreign Corrupt Practices Act," 6th Annual Medical Device and Life Sciences Conference, November 18, 2014
Speaker, "Compliance and Investigations: Prevention and Response," Healthcare Litigation Conference, McGuireWoods LLP, August 14, 2014
Speaker, "Compliance and Investigations: Prevention and Response to Claims," Healthcare Litigation Conference, McGuireWoods LLP, May 29, 2014
Faculty, "Third-Party Due Diligence & Evolving Paradigms in Supply Chain Due Diligence - Beyond Anticorruption Regulations," TRACE International Anti-Bribery Specialist Accreditation Program (TASA), October 24, 2012
Panelist, "Whistleblowers, State Secrets and National Security," Montpelier Center for the Constitution, April 1, 2012
Panelist, "Accessing Business Opportunities in the Naval and Coastguard Programmes of the United States," UK Society of Maritime Industries and British Naval Equipment Association, November 9, 2009
Big Changes Come With The New Form I-9 Published by USCIS, Subject to Inquiry, November 15, 2016
SEC and FinCEN Delivering One-Two Punch to Private Equity, Subject to Inquiry, September 9, 2015
Anti-Corruption Enforcement in Brazil is in High Gear, Subject to Inquiry, September 2, 2015
Update on Brazil: Embraer SA and Anti-Corruption Progress, Subject to Inquiry, November 7, 2014
Brazil’s Clean Companies Act Comes into Effect, Subject to Inquiry, February 6, 2014
A Tale of Two Coasts: Handling Whistleblower Investigations, Subject to Inquiry, January 28, 2014
SEC Comments Bring Commercial Bribery Clearly into FCPA Scope, Subject to Inquiry, December 20, 2013
DPAs, NPAs and the Hybrid Corporate Monitor, Subject to Inquiry, December 17, 2013