Joseph Burby is a partner in Powell Goldstein's Litigation Department and also serves on the firm's Special Matters and Investigations team. He is a former federal and state prosecutor whose practice focuses on white collar criminal defense, corporate internal investigations, corporate compliance and governance matters and complex civil litigation. Mr. Burby is an experienced trial lawyer, having successfully tried numerous civil and criminal cases to verdict in both federal and state courts.
From 2002-2006, Mr. Burby served as an Assistant United States Attorney for the Northern District of Georgia. While he investigated and prosecuted a wide range of federal offenses, Mr. Burby focused heavily on health care, securities, money laundering, antitrust, tax and other complex financial crimes. Mr. Burby was involved in several high-profile cases including, most notably, the prosecutions of Centennial Olympic Park Bomber Eric Rudolph and the former President of Morris Brown College, Dr. Dolores Cross. Mr. Burby received The John Marshall Award, one of the Justice Department's highest honors, for his work on the Rudolph case, and a special commendation from the U.S. Department of Education for his work on the Cross case.
Prior to his tenure with the Justice Department, Mr. Burby was in private practice at Alston & Bird LLP where he was an associate in the firm's Antitrust and Government Investigations Practice Group. Before that, he served as an Assistant District Attorney for the Fulton County District Attorney's Office where he was a member of the Major Felonies Unit which exclusively handles homicide and other high-profile felony prosecutions.
Mr. Burby is a regular speaker at many business crime-related seminars and conferences sponsored by the Georgia Institute of Continuing Legal Education, the National Business Institute and the American Bar Association, among others. He has been interviewed on criminal matters by national and local print and broadcast media, including NPR, Bloomberg News, TheCorporateCounsel.net and The Atlanta Journal-Constitution. Mr. Burby was recently profiled in Corporate Crime Reporter, a weekly legal print newsletter focusing on corporate crime and corruption.
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Education |
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| J.D., with honors, University of North Carolina at Chapel Hill School of Law, 1996
|  | | B.A., with distinction, University of North Carolina at Chapel Hill, 1993 (Phi Beta Kappa) |  |
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Bar & Court Admissions |
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| Georgia, 1996
|  | | Georgia Court of Appeals, 1996
|  | | Georgia Supreme Court, 1996
|  | | U.S. District Court for the Northern District of Georgia, 1996
|  | | U.S. Court of Appeals for the Eleventh Circuit, 2002 |  |
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Memberships |
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| American Bar Association, Criminal Justice Section, White Collar Crime Committee
|  | | American Health Lawyers Association
|  | | Atlanta Bar Association, Litigation and Criminal Law Sections
|  | | Federal Bar Association
|  | | State Bar of Georgia, Criminal Law and Health Law Sections |  |
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Publications |
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"Restrictions on Information Sharing Between Civil and Criminal Government Lawyers in Federal Health Care Fraud Investigations," ABA National Institute on Health Care Fraud, co-authored with Ann Ferebee, May 2008
"Powell Goldstein's Burby Says Justice Department Will Move on Deferred Prosecution Guidelines," Corporate Crime Reporter, featured, February 2008
"Legislation Proposed to Govern Use of Deferred Prosecution Agreements, Selection of Corporate Monitors, in Corporate Fraud Investigations," Mondaq, co-authored with Ann Ferebee, February 2008 "Proposed Legislation May Curb Use of Deferred Prosecution Agreements in Corporate Fraud Investigations", Pogo Alert, co-authored with Ann Ferebee, January 2008
"Tax Offenses," Federal Sentencing for Business Crimes, Matthew Bender, co-authored with Ralph Caccia, December 2007
"Return of the Responsible Corporate Officer Doctrine: What You Don't Know Can Hurt You," Southeastern Health Care Fraud Conference, co-authored with Ralph Caccia, September 2007
"Significant Changes to Federal False Claims Act Proposed by Senator Grassley," PoGo Alert, co-authored with Ralph Caccia, September 2007
"Guilty Verdict in First Options Backdating Trial May Embolden Prosecutors," PoGo Alert, co-authored with Scott Sorrels and Stacey Evans, August 2007
"The ICE-Man Cometh; Workplace Raids Mark New Homeland Security Strategy" Fulton County Daily Report, co-authored with Rebecca Sigmund, July 2007
"Life After Crawford: The Continued Evolution of the Confrontation Clause," Federal Criminal Practice ICLE Seminar, co-authored with Stacey Evans, May 2007
"Customs Enforcement of Intellectual Property Rights: An Overview of the Responsible Enforcement Agencies and Discussion of Recent Cases," International Section of the State Bar of Georgia, Annual Conference, co-authored with Paul Murphy, April 2007
"Department of Justice Revises Policies on Waiver of Attorney-Client Privilege in Corporate Fraud Investigations," Health Lawyers Weekly, (Volume 5, Issue 2), co-authored with Jennifer Odom, January 2007
"Legislation Proposed to Restrict DOJ Practices on Waiver of Attorney-Client Privilege," Pogo Alert, November 2006
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Speaking Engagements |
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| "Criminal Law for Non-Criminal Lawyers," Georgia ICLE Seminar, November 2008
|  | | "Export Controls -- Complying with Law: Getting Buy-In From Your Client," International Business & Crime: Enforcement Issues in FCPA, Export Control and Antitrust, Georgia ICLE Seminar, October 2008
|  | | "Foundations of White Collar Law and Practice and Handling a Health Care Fraud Case," ABA National Institute on Health Care Fraud, May 2008
|  | | "Keeping it Civil: How to Prevent the Routine IRS Audit from Becoming a Criminal Investigation," Technology Association of Georgia's Tax and Finance Society Seminar, April 2008
|  | | "The Corporate Monitor Role and Responsibilities in the Wake of New Guidelines and Impending Legislation," West Legalworks Webcast, April 2008
|  | | "Subprime in the Crosshairs: Risks to Your Company and How to Minimize Them," Powell Goldstein Breakfast Briefing, April 2008
|  | | "Case Studies: Lessons from the Real World," Practicing Law Institute Corporate Compliance and Ethics Institute, March 2008
|  | | "Document Collection and Analysis," Corporate Internal Investigations Seminar, Georgia ICLE, March 2008
|  | | "Mortgage Fraud: Detection and Investigation," National Business Institute Seminar, March 2008
|  | | "Enforcement & Voluntary Disclosures," Health Care Compliance Association, Southeast Local Annual Compliance Conference, February 2008
|  | | "Internal Investigations," Government Health Care Investigations Seminar, Lorman Education Services, January 2008
|  | | "Overview of Health Care Fraud Enforcement Agencies and Statutes," Government Health Care Investigations Seminar, Lorman Education Services, January 2008
|  | | "Responding to Government Investigations: What Works and What Doesn't," Southeastern Health Care Fraud Conference, September 2007
|  | | "Continuing Medical Education Compliance Strategies: Off-Label Promotion Off Limits?" FDANews Audioconference, June 2007
|  | | "Emerging Trends: From Computer Searches to the Confrontation Clause," Federal Criminal Practice ICLE Seminar, May 2007
|  | | "Customs Enforcement," International Section of the State Bar of Georgia, Annual Conference, April 2007
|  | | "After McNulty: Changes in the Attorney-Client Privilege and Investigations," TheCorporateCounsel.net Webcast, March 2007
|  | | "Enforcement Priorities and Developments," Health Care Compliance Association, Southeast Local Annual Compliance Conference, February 2007
|  | | "When Does a Mistake Rise to the Level of Fraud?" Medicare Compliance Alert Audioconference, February 2007
|  | | "How to Avoid a Bar Complaint When Conducting an Internal Investigation," Powell Goldstein Breakfast Briefing, January 2007 |  |
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Awards & Honors |
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| Georgia Rising Star (White Collar Criminal Defense, 2006-2007) |  |
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