Tyson Arbuthnot
David E. Aron
Gayle M. Athanacio
Stephen L. Bacon
Merri A. Baldwin
Robert J. Breakstone
Dennis J. Callahan
Thomas H. Carlson
Jeffery M. Chiow
Alecia E. Cotton
Joshua M. Deitz
Robert C. Goodman
Lucas T. Hanback
John G. Heller
Dennis C. Huie
Suhani Kamdar
Lauren B. Kramer
S. Amber Lee
Mark J. Linderman
E. Jacob Lubarsky
James Robert Maxwell
Joseph C. McGowan
Patricia A. Meagher
Robert S. Metzger
Brian D. Miller
Alexis J. Morris
Nicholas T. Niiro
Roland Nikles
Neil H. O'Donnell
Dean D. Paik
Sharon Ongerth Rossi
Aaron M. Scolari
Aaron P. Silberman
Katherine M. Svinarich
Renée D. Wasserman
Alan J. Wilhelmy
Paul M. Zieff


Brian D. Miller
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Areas of Practice

Mr. Miller is a member of the firm’s Government Contracts, White Collar Criminal Defense, and Complex Commercial Litigation practice groups. He advises clients on a wide range of regulatory and compliance matters including procurement and healthcare fraud, congressional investigations and inquiries, ethics and compliance programs, and responding to government investigations, audits, and reviews.

Professional Qualifications

In the last year, Mr. Miller served as a corporate monitor, conducted internal investigations/reviews/audits, and advised clients regarding government contracts issues and potential disclosures to federal agencies.

With over 27 years of experience as a federal prosecutor, Senate-confirmed inspector general, and civil litigator, Mr. Miller’s experience is unique. For example, he has represented a federal magistrate judge and the Attorney General in civil litigation. He has also personally issued grand jury subpoenas, signed inspector general subpoenas, and received testimony from civil investigative demands – something very few, if any, other attorneys have done. This uncommon experience gives Mr. Miller a deep understanding of how government officials and regulators think, which makes his advice invaluable to individual and corporate clients facing any government audit, investigation, or dispute.

For nearly the last decade, Mr. Miller served as the Inspector General for the U.S. General Services Administration where he led over 300 auditors, special agents, staff attorneys, and support staff in conducting nationwide government audits and high profile investigations. As Inspector General, Mr. Miller is well known for his report on the excesses at a GSA conference in Las Vegas, but he also created a forensic auditing unit, developed a leading contractor disclosure program, and increased recoveries from complex False Claims Act cases. 

Earlier in Mr. Miller’s career, he held several high level positions within the U.S. Department of Justice, including senior counsel to the deputy attorney general and special counsel on healthcare fraud. He served as an Assistant United States Attorney for over a decade, where he prosecuted terrorists, fraudsters, and drug kingpins.

Education

J.D., University of Texas School of Law

B.A., Temple University

Bar Admissions
California
District of Columbia
Virginia




Practices
Complex Commercial Litigation
Government Contracts
White Collar Criminal Defense

Recent Publications and Public Speaking

Panel on mandatory disclosures to the GSA Office of Inspector General , Moderator, ABA Commercial Products & Services Committee, Feb. 23, 2017

Health Law Year in Review, Speaker, ABA Section on Litigation’s Health Law Committee, Feb. 3, 2017

Alternative Resolution of Suspension and Debarment Proceedings, Moderator, ABA Subcommittee on Suspension and Debarment, Dec. 16, 2016

Administrative Records in Suspension and Debarment Proceedings, Speaker, ABA Subcommittee on Suspension and Debarment, Nov. 18, 2016

The Future of Oversight— The Inspector General, Moderator, Coalition for Government Procurement 2016 Fall Training Conference, Nov. 17, 2016

GSA’s New Transactional Data Reporting Rule for Federal Supply Schedule Contracts: Understanding Policy and Compliance, Moderator, ABA Public Contract Law Section, Nov. 2, 2016

Sidestepping the Escobar Two-Step: United States ex rel. Rose v. Stephens Institute Rejects Two-Pronged Test, Bloomberg BNA, Federal Contracts Report, Oct. 18, 2016 (PDF)

Hiring the Right Monitor to Help Your Company and Not Hurt It, Corporate Counsel Magazine, August 18, 2016, co-authored (pdf)

Participant in the Association of Chartered Certified Accountants Roundtable, on "50 Drivers for Change for Accountancy in the Public Sector/Government," Washington, D.C., July 26, 2016

Client Alert: U.S. Supreme Court Adopts Implied Certification Liability for Federal Contractors under the False Claims Act and Leaves it to the Courts to Sort out the Rest , RJO Update, June 2016 (co-authored)

Client Alert: U.S. Supreme Court to Rule on False Claims Act: A Lawyer’s Game?, RJO Update, May 2016 (co-authored)

"BNA INSIGHTS: The False Claims Act: Fraud Without a Word," Bloomberg BNA, Federal Contracts Report, Vol. 105 No. 19, May 17, 2016 (PDF)

"Indicia of Fraud," Speaker, Pacific Northwest Intergovernmental Audit Forum, Apr. 27, 2016

"Tsunamis, Rip Currents and Great Whites: Navigating the Governments Coordination of Fraud Remedies in Today’s FCA Environment," ABA 22nd Annual Federal Procurement Institute, Mar. 9-11, 2016

"Hidden Dangers in the Early Stages of an Internal Investigation," ABA Corporate Counsel Seminar, Moderator, Feb. 12, 2016

"The Hidden Cybersecurity Risk for Federal Contractors," opinion, Federal Computer Week (FCW), Jan. 12, 2016

"Risks for GSA Schedule Contractors," Winvale webinar speaker, Nov. 24, 2015

“Public-Private Partnership: Working with Agency Counsel,” 15th Annual Taxpayers Against Fraud Education Fund Conference, Washington, D.C., Nov. 16, 2015

“Representing a Client in White Collar Crime Litigation,” AICPA’s Forensic Investigations and Valuation Conference, Las Vegas, NV, Nov. 9, 2015

“Government Inquiries — Ethical, Independence and Scope Concerns,” AICPA’s Forensic Investigations and Valuation Conference, Las Vegas, NV, Nov. 9, 2015

“Federal Agency Enforcement in Cybersecurity,” Cybersecurity in Government Contracts Institute, Federal Publications Seminars, Tysons Corners, VA, Nov. 4, 2015

“Making the Most of Your Resources: IGs,” POGO’s Congressional Training Program, United States Senate, Oct.  23, 2015

“Investigating the GSA Western Regions Conference,” DoD IG Administrative Investigations Training Symposium, The Mark Center, Virginia, Oct. 13, 2015

“Surviving the Knock on the Door,” The Professional Services Council Annual Conference, The Greenbrier, West Virginia, Oct. 5, 2015

Senate Judiciary Committee Testimony: “All” Means “All”: The Justice Department’s Failure to Comply with Its Legal Obligation to Ensure Inspector General Access to All Records Needed for Independent Oversight, S. Committee on the Judiciary, 114th Congress, Aug. 5, 2015

“Update on the Mandatory Disclosure Rule and GSA’s Transactional Data Reporting Proposed Rule,” ABA Public Contract Law Section’s Commercial Products and Services Committee, Washington, D.C., June 18, 2015

“FCPA Compliance, Ethics & the SOX Framework,” SOX 404 Conference, co-presenter, Joseph Moreno, Cadwalader, Wickersham, and Taft, Tysons Corner, Virginia, May 19, 2015

“Ethics & Disclosure Process in an International Environment,” International Accounting Conference, co-presenter, Roberto Braceras, Goodwin Procter, Boston, MA, Apr. 28, 2015

“Dealing with the Inspectors General and the FBI,” ABA 29th Annual National Institute on White Collar Crime, panelist, New Orleans, LA, Mar. 9, 2015

“Attorney-Client Privilege & Internal Investigations,” ABA Section on Public Contract Law, State and Local Procurement Committee, Webinar, Nov. 21, 2014 (co-presenter)

“Handling High Tech Issues in Fraud Cases,” ABA Section on Public Contract Law Fall Conference, organized and moderated the panel, Miami, FL, Oct. 30, 2014

“The Civil False Claims Act,” 2014 Board of Contract Appeals Bar Association Annual Conference, panelist, Washington, D.C., Oct. 15, 2014

“Best Practices for Internal Investigations for Government Contractors,”2014 ABA Annual Meeting, Section on Public Contract, panelist, Boston, MA, Aug. 8, 2014

“Art of Scoping the Investigation,” Compliance Week Annual Conference, panelist, Washington, D.C., May 19, 2014

Publications



Contact
Bowen Building
875 15th Street, NW, Suite 725
Washington, D.C. 20005
Phone: 202.777.8957
Fax: 202.347.8429
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bmiller@rjo.com