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Brandon M. Santos Partner

Richmond T +1 804 775 4745 F fax +1 804 698 2194
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Brandon is a trusted adviser to corporations, executives and public figures facing their highest-stakes legal challenges, from grand jury investigations and enforcement actions to bet-the-company regulatory crises. He defends clients in serious criminal, regulatory and administrative investigations conducted by the U.S. Department of Justice, federal regulators, state attorneys general and local prosecutors.

Brandon is a creative advocate who successfully resolves complex cases with innovative solutions across the full spectrum of white collar defense, government investigations and regulatory enforcement matters. His strategic approach is guided by more than 15 years as a defense lawyer and his prior experience as a state and federal prosecutor. As a former Assistant Commonwealth’s Attorney and cross-designated Special Assistant U.S. Attorney for the Eastern District of Virginia, he tried more than 20 jury trials in federal and state court and led federal, state and multi-jurisdictional grand jury investigations.

He has represented clients across industry, with a focus in aerospace and defense, healthcare and life sciences, financial services, and highly regulated consumer products — industries where government scrutiny is constant and the consequences of enforcement actions are extensive. Brandon has secured declinations, negotiated favorable resolutions and successfully defended clients in investigations involving fraud (financial, healthcare and securities), the False Claims Act, environmental, immigration, tax, import and customs, public corruption and the Foreign Corrupt Practices Act (FCPA).

Brandon conducts confidential internal investigations on behalf of companies or their boards in response to whistleblower complaints, financial discrepancies and regulatory audits. He develops corporate compliance programs and serves as outside counsel to companies under deferred and non-prosecution agreements and other regulatory settlements imposing compliance monitors or requiring self-reporting. And he has conducted extensive due diligence for global companies with potential FCPA exposure and major financial institutions regulated by the OCC, CFPB and state attorneys general. His cross-border practice has spanned four continents and nine countries, reflecting increased coordinated global enforcement and the international scope of his clients’ operations.

Brandon guides clients on federal and state criminal procedure, including grand jury subpoenas and testimony, search and seizure, restitution, and criminal and civil forfeiture.

PRO BONO

Brandon devotes considerable time to pro bono representation and community involvement and is a recent past chair of the Criminal Law Section of the Virginia Bar Association.

Experience
  • Served as counsel to The Boeing Company in the high-profile DOJ investigation arising from the 737 MAX accidents, culminating in a deferred prosecution agreement and subsequent non-prosecution agreement.
  • Represented a global supplier in an internal investigation and parallel external audit inquiry arising from customs audits in Italy and Slovenia implicating potential financial reporting, disclosure, internal controls and management integrity considerations.
  • Serve as lead outside counsel to a global contract research organization subject to a court-ordered and DOJ-appointed compliance monitor related to compliance with the Animal Welfare and Clean Water Acts.
  • Served as pool counsel to 15 current and former executives and Board members of a public financial institution in an OCC investigation of safe and sound lending practices.
  • Represented a global tobacco company in an SEC investigation concerning a significant financial theft in East Africa and related financial and disclosure controls.
  • Conducted pre-merger FCPA and anticorruption review of a leading global medical device manufacturer, focusing on the company’s operations in Brazil, China, Columbia and South Korea.
  • Conducted an FCPA and anticorruption audit of a global food processor’s operations in the United States, Mexico, Poland and Romania.
  • Represented numerous healthcare professionals in various healthcare fraud, prescribing, anti-kickback and False Claims Act investigations conducted by the DOJ.
  • Obtained a declination from the DOJ Tax Division following a seven-year criminal investigation of a risk management and insurance consultancy.
  • Represented numerous public officials in a grand jury investigation in the Western District of Virginia related to allegations of bribery and conflict of interest.
  • Obtained a declination for an elected sheriff in a federal grand jury investigation of civil rights violations and perjury.
  • Obtained a declination for an elected mayor in a joint state and federal investigation related to alleged conflicts of interest violations.
  • Represented former executives of a mortgage originator in a mortgage-backed securities fraud investigation conducted by the DOJ.
  • Represented a life sciences consultancy in parallel FTC and DOJ criminal investigations related to pharmaceutical “product hopping.”
  • Represented a leading produce grower in a federal immigration prosecution in the Eastern District of Louisiana.
  • Successfully defended numerous NFL players charged with felony and misdemeanor offenses in Virginia and negotiated with the NFL to mitigate sanctions.
  • Led a nationwide internal review of debt collection practices and compliance with consumer financial regulations for a major financial services institution in response to an OCC consent order.
  • Pro bono representation of a prisoner in a federal civil rights complaint against state correctional officers in a jury trial in the U.S. District Court for the Eastern District of Virginia.

Events

  • Moderator, "Perspectives on the Emerging Marijuana Industry: What Your Business Clients Should Know about the Regulatory Environment and Effects on Commerce," Virginia Bar Association, July 19, 2019
  • Moderator, "Federal and State Responses to the Opioid Crisis," White Collar Criminal Law Forum, Virginia Bar Association, October 16, 2018
  • Speaker, "Internal Investigations & Employees," Association of Legal Administrators, October 18, 2017
  • Moderator, "Public Corruption Today…How Do You Define Corruption?," White Collar Criminal Law Forum, Virginia Bar Association, October 17, 2017
  • Panelist, "Efforts by the State and the Feds to Curb the Lucrative Crime of Cigarette Trafficking," Virginia Bar Association, Summer Meeting, July 21, 2017
  • Presenter, "The New Frontier of I-9 and E-Verify Compliance and Its Widespread Impact on Firm Clients," McGuireWoods LLP, December 13, 2016
  • Moderator, "Federal and State White Collar Enforcement," North Carolina Sustainable Energy Association Clean Energy CLE, October 13, 2016
  • Moderator, "Federal and State Responses to the Opioid Crisis," White Collar Criminal Law Forum, The Virginia Bar Association, October 16, 2018
  • Speaker, "Internet Gambling: New Technologies & New Risks," Association of Certified Anti-Money Laundering Specialists (ACAMS) chapter meeting, October 6, 2016

Insights

  • Selected for inclusion in The Best Lawyers in America, Criminal Defense: White-Collar, 2025, 2026
  • Named to “Legal Elite,” Criminal Law, Virginia Business, 2016, 2017, 2019-2025

Spotlight

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