Jesse M. Barrett

About Jesse

Jesse is a trial lawyer who focuses on white-collar criminal defense, internal investigations, and complex commercial litigation around the country. Jesse founded SouthBank Legal’s white-collar practice and represents companies and individuals at all stages of investigation, litigation, and appeal. Jesse’s clients have included multiple Fortune 500 companies and corporate executives. He has tried several dozen federal cases to jury verdict and has handled numerous appeals, including successful arguments in state and federal appellate courts. Jesse is also a key member of the firm’s Chambers-ranked commercial litigation practice.

Previously, Jesse practiced at Am Law 100 firms in Indiana and Washington, D.C., and as an Assistant United States Attorney in the Northern District of Indiana. During his 13 years as a federal prosecutor, Jesse led investigations into a wide variety of white-collar cases, including commercial fraud, complex tax violations, fraud involving Reports of Foreign Bank and Financial Accounts (FBARs), tax-preparer fraud, securities fraud, student loan fraud, insurance fraud, mail and wire fraud, bankruptcy fraud, fraud by government contractors, and public corruption. Jesse held a Top Secret security clearance and received awards for his service from multiple federal agencies.

Jesse has served as an adjunct professor at the Notre Dame Law School, where he has taught in the areas of trial skills and criminal law. He also has coached high school mock trial, and his teams have won state tournaments and competed in the national competition. Jesse is a member of the Edward Bennett Williams American Inn of Court, an invitation-only professional organization focusing on white-collar practice.

Experience

CORPORATE INVESTIGATIONS & WHITE COLLAR DEFENSE

Represented a Fortune 500 company regarding contracts for broadcasting international sports competitions following federal bribery investigation.
Defended two Fortune 500 pharmaceutical companies in federal and state investigations concerning alleged violations of anti-kickback and other statutes. The companies successfully avoided any charges or administrative sanction.
Represented a Fortune 500 media company in connection with prosecution involving rights for international athletic tournaments.
Represented a Fortune 10 company in high-stakes internal investigation regarding employment issues, determined appropriate response, and spearheaded remediation in conjunction with Am Law 10 firm and employment consulting company.
Conducted an investigation for the board of directors of a Fortune 500 automotive company concerning the alleged conduct of a member of its board.
Defended a Fortune 25 financial services company against government efforts to obtain its records through subpoenas.
Assisted a Fortune 50 company in recovering funds stolen internationally. This required coordination with, and cooperation from, law enforcement agencies and international financial institutions.
Counseled a Fortune 500 healthcare company in internal audits and external investigations regarding manufacturing practices.
Represented a healthcare provider in a dispute over the confidentiality of records, including successfully arguing the appeal before the Indiana Supreme Court.
Counseled healthcare companies in responding to multiple grand jury subpoenas, including structuring productions to avoid follow-up requests and further dedication of corporate resources.

WHITE COLLAR DEFENSE OF INDIVIDUALS

Represented a key employee of a Fortune 100 company in high profile, federal grand jury investigation of GMP issues.
Obtained a probationary sentence, with few travel restrictions, for executive convicted of tax fraud related to failure to report income from international sales of industrial and military equipment. The Sentencing Guidelines range was 12-18 months.
Defended a C-suite executive in a month-long federal trial concerning allegations of financial crimes and election fraud. The convictions in the case were ultimately reversed on appeal.
Represented the general counsel of a financial services company in matters related to the syndication of conservation easements.
Represented a senior government employee in connection with a grand jury investigation of an elected government official.
Obtained dismissal of a federal indictment charging international parental kidnapping. This enabled the client to avoid charges, travel internationally, and maintain custody of children without any public disclosure of the criminal charges.
Served as an expert witness on behalf of an AmLaw 100 firm regarding claims of attorney misconduct in a federal criminal prosecution. The claims were ultimately rejected and the attorney was vindicated.
Represented a prominent federal employee in an OIG investigation into alleged financial improprieties. The investigation was closed with no enforcement action.
Convinced authorities to decline charges against the owner of an athletic organization in an embezzlement investigation.
Represented a board member and president of an international sporting organization relating to an investigation and potential testimony in an international bribery prosecution.
Convinced the IRS to abandon a grand jury investigation into the alleged underpayment of taxes by the founders of a nonprofit advocacy organization.
Convinced the DOJ to terminate an investigation of an individual concerning alleged violations of the Foreign Corrupt Practices Act. This matter involved the sale of military and industrial equipment in a foreign country.
Led the team defending a former company president in multiple civil and criminal matters regarding the alleged misappropriation of over $100 million. This case involved negotiations with multiple financial institutions to obtain payment of hundreds of millions of dollars in payroll and other expenses.
Represented the lead corporate auditor of a Fortune 500 company in connection with a complex criminal prosecution.
Represented a former executive of a Fortune 100 medical company in civil and potential criminal matters, including alleged perjury. The client was never charged or otherwise sanctioned.
Represented a doctor at sentencing following a conviction for a $150 million scheme to dispense unnecessary opioids in one of the largest federal opioid prosecutions.

COMPLEX COMMERCIAL LITIGATION

Represented a Fortune 100 company regarding the impact on its business of environmental hazards from an industrial site.
Defended the former president of a publicly traded company against tort and contract claims brought by a previous employer. The case involved extensive discovery, including a three-day Rule 30(b)(6) deposition and hundreds of millions of dollars in claimed damages.
Represented individuals and entities in disputes, litigation, and administrative proceedings regarding the financing, development, and operation of a $300 million casino complex.
Defended a Berkshire Hathaway company in an employment discrimination trial in federal court, obtaining a complete jury verdict for the defense.
Represented an event promoter against claims of fraud by former business partners.
Represented an advertiser asserting constitutional claims against a municipality for restrictions on its business.
Advised a Fortune 25 petroleum producer in a regulatory proceeding concerning the allocation of proceeds from the Alaskan oil pipeline.
Represented a national railroad in a multimillion-dollar contract dispute with a customer.
Counseled a trade group in a dispute with the United States Patent and Trademark Office, including a potential constitutional challenge to certain actions of the PTO.

PRO BONO

Provided pro bono representation to African American farmers who alleged that the United States discriminated against them in the provision of farm loans. This class action was among the largest civil rights suits in American history and led to the recovery of over $1 billion.

Education

Notre Dame Law School, J.D., magna cum laude
- Editor in Chief, Notre Dame Law Review
University of Notre Dame, B.A., magna cum laude
- Member, Phi Beta Kappa

Admissions

Indiana
Maryland
Virginia
Washington, D.C.
U.S. District Court for the District of Columbia
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Eastern District of Kentucky
U.S. District Court for the District of Maryland
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Northern District of Ohio
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit

Practice Areas

Clerkships

U.S. Court of Appeals for the Fourth Circuit, Hon. Paul V. Niemeyer

Memberships & Affiliations

American Bar Association
Edward Bennett Williams American Inn of Court
Irish Legal 100
National Association of Criminal Defense Lawyers

Publications & Presentations

“The ESG Movement and Business Regulation,” 2023 Federalist Society Tampa Bay Lawyers Chapter
“The ESG Movement and Business Regulation,” 2023 Federalist Society Florida Lawyers Chapters Conference
“White Collar Defense and Prosecution,” Mendoza College of Business, University of Notre Dame, August 2022, June 2022, February 2019
“Criminal Justice Reform,” 2021 Federalist Society Kentucky Chapters Conference
“Federal White Collar Prosecutions,” Notre Dame Law School, 2017, 2016, 2015, 2014, 2013
“Practicing as an Assistant United States Attorney,” Notre Dame Law School, 2016, 2014, 2012, 2011, 2009
Note, Legislative History, the Neutral, Dispassionate Judge, and Legislative Supremacy: Preserving the Latter Ideals through the Former Tool, 73 Notre Dame L. Rev. 819 (1998)