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Matthew R. Hubbell

Partner
+1.843.579.5619
Fax +1.843.579.5601
Matthew Hubbell is a partner in the firm’s Charleston office, where he focuses on white collar criminal defense and False Claims Act litigation. Mr. Hubbell began his legal career in 1991 as an Assistant United States Attorney for the District of South Carolina, where he gained extensive experience prosecuting complex white collar cases. He subsequently entered private practice in his own firm, where for 17 years he has represented local and global companies, health systems, defense contractors, and numerous CEOs in complex white collar and False Claims Act matters. With more than 26 years of white collar and False Claims Act litigation experience, Hubbell defends companies and corporate executives in internal investigations, grand jury investigations, parallel proceedings, litigation, and trials in various areas, including antitrust, anti-corruption, health care, environmental, tax, bank fraud, public corruption, securities, customs, forfeiture, and false claims (whistleblowers).

Professional Background

As an Assistant United States Attorney for nearly 10 years, Hubbell gained recognition for prosecuting numerous complex white collar crimes involving health care fraud, false claims, environmental crime, securities fraud, computer crimes, wire and mail fraud, tax and money laundering offenses, and public corruption. Among his more high-profile cases were his prosecutions of the first federal criminal health fraud case tried in the District of South Carolina, a shipping company in the largest federal oil spill case in South Carolina, and a state judge for fraud and attempted murder for hire.

In private practice, among many other notable successes, Hubbell won a not guilty verdict for his client in a lengthy federal antitrust trial in Charlotte, N.C, and a not guilty verdict for his client in a significant federal Clean Water Act case tried in Charleston, S.C. He also recently successfully represented a S.C. legislator in one of the high-profile prosecutions targeting members of the S.C. General Assembly.

Achievements

  •  Martindale-Hubbell AV Peer Review Rated Lawyer
  • Multiple Consecutive Selections for South Carolina Super Lawyers®
  • Chair of the South Carolina Bar Health Care Law Section (2017-2018)
  • Top Ten Attorney Award – National Academy for Criminal Defense Attorneys (2014)

Professional/Civic Activities

  • President, Federal Bar Association, South Carolina Chapter (2016-2017)
  • White Collar Criminal and False Claims Act /Qui Tam Defense Practice (2001 – Present)
  • Co-Chair and Founder, Federal Bar Association / S.C. Qui Tam Section (2015-2017)
  • Board Member, Federal Bar Association Qui Tam Section (National) (2015-2017)
  • Chair, S.C. Bar Health Care Section (2017-2018)
  • Council Member, S.C. Bar Health Care Section (2014-2017)
  • Volunteer Mentor, Federal Drug Court Program (Bridge) (2015)
  • Board Member and Co-Chair of Criminal Section, Federal Bar Association / S.C. (2014-2015)
  • Chairman, Merit Selection Panel for U.S. Magistrate Judge, Charleston (2014)
  • Executive Board, Charleston County Bar Association (2001-2004, 2006-2007, 2011-2012)
  • United States Magistrate Judge Selection Panel (2007)
  • Assistant U.S. Attorney, District of South Carolina (1991-2000)
  • Permanent Member, 4th Circuit Judicial Conference

Speaking Engagements

  • Panel Speaker and Course Sponsor, “Current Trends in False Claims Act/Qui Tam Whistleblower Litigation,” Federal Bar Association/S.C. Bar-Continuing Legal Education Seminar, Charleston, S.C., May 12, 2017.
  • Panel Speaker, “Sometimes It’s About More Than Just Money: Defending Parallel Criminal Prosecutions of Qui Tam Cases,” S.C. Bar Convention, Greenville, S.C. January 2017.
  • Speaker, “FCA Developments: Escobar and Beyond,” Federal Bar Association –Federal Litigation & Qui Tam Conference, Washington, D.C., October 18, 2016.
  • Panel Moderator and Course Planner, “False Claims Act/Qui Tam Whistleblowers Litigation Involving Health Care Providers,” Federal Bar Association/S.C. Bar-Continuing Legal Education Seminar, May 6, 2016.
  • Panel Discussion with U.S. District Judge J. Michelle Childs and U.S. Magistrate Judges Mary Gordon Baker, Kaymani D. West, and Leo Brisbois: “Increasing Diversity Among Federal Magistrate Judges,” The Federal Magistrate Judges Association Board and Diversity Committee, U.S. District Court, Charleston, SC, April 12, 2016.
  • Moderator, “Panel Discussion: Current False Claims Act Issues” with U.S. Attorney William Nettles, 2016 S.C. Bar Convention, Healthcare Law Section CLE.
  • Speaker, “Highlights of Proposed Revisions to OIG Exclusion Authority & Trends in Fourth Circuit False Claims Act Case Law,” 2015 S.C. Bar Convention, Healthcare Law Section CLE.
  • Panel Moderator and Course Planner, “Settling False Claims Act and Qui Tam Cases,” 2015 S.C. Bar Convention, Healthcare Law Section CLE.
  • Panel Moderator, “Health Care Law in South Carolina: Hot Topics, Tips, and Trends Seminar, South Carolina Bar”, May 9, 2014.
  • “Federal Fraud Enforcement of Health Care Law,” Healthcare Law in the Federal Courts, Federal Courts Law Review Symposium, Charleston School of Law, January 28, 2011.
  • “Effects of the Financial Crisis on White Collar Crime,” Symposium on Crime and Punishment, Charleston School of Law, February 19, 2010.
  • “Ethics: Prosecution and Defense Points of View,” Elements and Defenses of South Carolina Crimes Seminar, South Carolina Bar, June 12, 2009.
  • Federal and State Securities Enforcement Seminar, South Carolina Bar, December 9, 2008.
  • “Defense is Not the Dark Side,” South Carolina Federal Criminal Law Update, Charleston School of Law, July 7, 2006.
  • “Health Care Fraud and Collateral Consequences,” Association of Certified Fraud Examiners, Hilton Head Island, South Carolina, October 25, 2006.
  • Federal Computer and Intellectual Property Crimes Seminar, South Carolina Bar, March 28, 2003.
Publications
Books
  • Co-Author, Health Care Fraud and Collateral Consequences, 2d Edition (S.C. Bar 2011)
  • Co-Author, Federal and State Securities Enforcement, (S.C. Bar 2008)
  • Co-Author, Computer and Intellectual Property Crimes, (S.C. Bar 2003)
Articles
  • Co-Author, “Health Care Reform: Recent Developments in Fraud Enforcement,” (S.C. Bar 2008)
White Collar Crime

As a defense attorney since 2001, Hubbell has represented many corporations, CEOs, corporate officers, corporate employees, and other individuals in a wide variety of white collar criminal and civil enforcement proceedings and trials. For example, Hubbell:
  • Represented the manager of a dredging project in a federal criminal environmental trial, where the client was found not guilty on all counts. The prosecution, led by the Department of Justice Environmental Crimes Section, alleged felony violations of the Clean Water Act, the Rivers and Harbors Act, and false statements to the United States. This case is believed to be the second federal criminal environmental case ever tried in the District of South Carolina.
  • Represented a corporate employee in a lengthy criminal antitrust trial that ended with a verdict of not guilty. The trial was held in federal court in Charlotte, North Carolina, and was the result of a wide-ranging, 3-year Department of Justice investigation into alleged price-fixing in the United States polyester fiber manufacturing industry. After two weeks of trial, the jury deliberated for approximately four hours before finding the client not guilty.
  • Represented a former corporate board chairman in a month-long securities fraud trial touted by the South Carolina Attorney General as the largest and most complex white collar case in South Carolina history.
  • Represented numerous health care providers including hospitals, officers of hospitals, and doctors in both criminal and False Claims Act / Qui Tam cases.
  • Represented clients including a major manufacturer, an international shipping company, and corporate employees in environmental cases involving the Clean Water Act, Clean Air Act and other environmental laws.
  • Represented corporate employees in both grand jury investigations and at trial in antitrust cases brought by the Antitrust Division of the Department of Justice.
  • Represented companies and business executives in federal investigations involving the IRS and the Tax Division of the Department of Justice.
  • Represented doctors and other health care providers in prescription drug fraud and DEA diversion cases.

Federal Prosecution

As an assistant United States Attorney for nearly ten years, Hubbell focused on the prosecution of complex white collar crimes, including securities fraud, computer crimes, wire and mail fraud, public corruption, environmental crime, health care fraud, immigration offenses, and money laundering. For example, Hubbell:
  • Prosecuted numerous environmental crimes and obtained one of the first jail sentences ever in the District for an environmental crime—a case in which the owner of a laboratory falsified safe drinking water tests for elementary schools.
  • Prosecuted the Captain and First Engineer of the Norwegian ship Star Evivva in what was believed to be the largest offshore oil spill case in South Carolina. The spill involved thousands of gallons of heavy fuel oil and resulted in the death of about 200 migratory birds. The case raised difficult international and jurisdictional legal issues, but was successfully concluded with the conviction of the Norwegian shipping company.
  • Prosecuted what is believed to be the first federal health care fraud case tried in the District of South Carolina. After a lengthy and difficult trial, the defendant—a nursing home doctor – stood convicted of numerous counts of defrauding Medicare and Medicaid by “upcoding” his services. In addition, the doctor was convicted of money laundering and was sentenced to serve 30 months in prison.
  • Prosecuted a state probate judge after it was discovered that the judge was defrauding elderly widows by transferring their land to himself. After the judge received a sentence of imprisonment, he attempted to hire a “hit man” to assassinate his enemies. Hubbell then prosecuted the judge for attempted murder-for-hire, at which point the judge committed suicide in prison.
  • Prosecuted a complex conspiracy case involving members of the Medellin cocaine cartel who attempted to break a kingpin out of the Charleston County Jail prior to his sentencing. The trial lasted over two weeks and was extraordinary for, among other things, the high security surrounding the trial— including heavily armed federal agents in a helicopter and on rooftops near the courthouse. On appeal in the Fourth Circuit Court of Appeals, Hubbell successfully argued the government’s case against famed Miami defense attorney Roy Black.
  • Prosecuted a difficult circumstantial murder case involving a defendant who murdered his wife’s paramour with a remote-controlled car bomb. The trial lasted two weeks, and the government called over 80 witnesses to the stand—including several scientific experts – to prove the case. The defendant was convicted and sentenced to life.
  • Prosecuted numerous cases involving Internet child exploitation crimes and formed the U.S. Attorney’s Internet Child Exploitation Task (“ICE”) Force, comprised of numerous federal, state and local law enforcement agents and prosecutors.
  • Briefed and argued appeals in the Fourth Circuit Court of Appeals.