J. Scott Gilbert was admitted to the Mississippi Bar in 2006, and the Texas Bar in 2017. Before joining the firm, he 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. Besides criminal cases, Scott litigated civil health care fraud cases and other False Claims Act and qui tammatters. 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.
Scott practices primarily in the areas of white-collar criminal defense, criminal and civil healthcare litigation, governmental and corporate investigations, and asset forfeiture litigation. 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 and in both civil and criminal asset forfeiture cases. 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. He is an adjunct professor at Mississippi College School of Law, where he teaches Federal Criminal Practice and Asset Forfeiture Law.
Representative Criminal Defense Work
- White Collar Criminal Defense
- Tried criminal cases in state and federal courts in multiple jurisdictions.
- Negotiated the dismissals of felony and misdemeanor criminal charges, and obtained reduced sentences in cases where a conviction occurred. For example:
- Obtained a favorable plea agreement in the middle of a Federal trial that permitted the client to avoid a disenfranchising conviction and to be released and sentenced to time served.
- 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.
- Represented a client charged with multiple counts of auto-burglary and illegal firearms possession and secured a significantly reduced sentence that was served as a trustee in a local jail, avoiding any time spent in a state prison.
- 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 negotiated resolutions that avoided criminal prosecution and allowed doctors to keep their medical licenses, as well as substantially reduced sentences in cases where a conviction occurred. 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 license.
- 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 who was indicted in federal court for pharmaceutical diversion, and after a guilty plea, obtained a sentence substantially below the recommended Sentencing Guidelines range.
- Represents healthcare providers in medical malpractice cases.
- Represents correctional facility healthcare providers in civil rights and malpractice cases.
- False Claims Act and Qui Tam Litigation
- Represents companies and individuals named in False Claims Act or Qui Tam cases. For example:
- Represents a managed care company in Mississippi that is a defendant in a False Claims Act Qui Tam matter.
- Represented a trucking company in Virginia against government allegations of false claims related to wage and hour regulations.
- Represents a nationwide home health and hospice company in a Qui Tam case.
- Represents a physician specialist in a False Claims Act case.
- Represents a large physician group in a Qui Tam case.
- Represents companies and individuals named in False Claims Act or Qui Tam cases. For example:
- Corporate Investigations and Healthcare Business Representation
- Conducted internal corporate investigations on behalf of large and small companies into potential criminal conduct by employees and by outside entities.
- 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.
- Represented a physician during the dissolution of a practice and the transition into a new practice.
- Asset Forfeiture
- Represented criminal defendants and claimants in criminal and civil forfeiture cases throughout the United States and Mississippi 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
- Obtained the return of seized property both pre- and post- verdict. For example:
- Represented a trucking company in Virginia during a federal criminal case. Scott 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.
- 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 clients in multiple civil forfeiture actions in Mississippi, where he has obtained the return of a substantial amount of the money seized by the government.
Honors & Recognitions
- National Health Care Anti-Fraud Association, 2013 Investigation of the Year Award
- AV Preeminent Peer Review Rated by Martindale-Hubbell
Community & Professional
- 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
Articles & Publications
- The Double Whammy: Paying a Forfeiture Judgement and a Restitution Judgement in a Single Criminal Case [Author: Scott Gilbert]ABA CJS White Collar Crime Committee Newsletter, Spring 2018
- The Clarion-Ledger, 06.06.2017
- The United States Department of Health and Human Services, Office of Inspector General Expands its Exclusion Arsenal [Authors: Scott Gilbert and Will McBeath]The Mississippi Lawyer, Spring 2017
- Freedombunker (quoted), 01.05.2017
- Why Driving with Hidden Cash is (Probably) No Longer Money Laundering in Mississippi [Author: Scott Gilbert]CABA member Newsletter, 11.2016
- Mississippi Business Journal, 08.12.2016
- 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
- Professional Liability
- White Collar Defense and Corporate Investigations
Juris Doctor: Mississippi College School of Law, magna cum laude, 2006
Bachelor's Degree: Bachelor of Arts, Mississippi State University, magna cum laude, 2003
- All Mississippi state, federal, and tribal courts
- All Texas state courts and the United States District Court for the Southern District of Texas
- United States Court of Appeals for the Fifth Circuit