Jesse M. Barrett - SouthBank Legal

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.

Previously, Jesse practiced at AmLaw 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
• 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 prominent media company in connection with rights for international athletic tournaments.
• Defended a Fortune 25 financial services company against government efforts to obtain its records through subpoenas.
• Assisted a Fortune 250 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 federal grand jury subpoenas, including structuring productions to avoid follow-up requests and further dedication of corporate resources.

WHITE-COLLAR DEFENSE OF INDIVIDUALS
• Defended an individual in a month-long federal trial concerning allegations of financial crimes and election fraud. The convictions in the case were ultimately reversed on appeal.
• 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 an executive of a prominent automobile racing organization in connection with a wide-ranging criminal prosecution.
• Convinced the IRS to abandon an investigation into the alleged underpayment of taxes by the founders of a nonprofit advocacy organization.
• Represented an individual in a federal investigation 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.
• 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 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 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 Groups

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
Indiana State Bar Association
National Association of Criminal Defense Lawyers

Publications & Presentations

Criminal Justice Reform, 2021 Federalist Society Kentucky Chapters Conference
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)