Thomas D. Bever

Thomas D. Bever is a former federal prosecutor who focuses his practice on White Collar Criminal Defense and commercial litigation. He is listed in U.S. News The Best Lawyers in America® for Bet-the-Company Litigation, Criminal Defense for White Collar Crime, and Commercial Litigation. Tom was named the Best Lawyers® 2017 Atlanta Criminal Defense: White-Collar “Lawyer of the Year” in Georgia. He has also been ranked by Georgia Super Lawyers (Criminal Defense: White Collar) since 2005 and is listed in Chambers USA for White Collar Crime & Government Investigations. Tom has had a top AV Preeminent rating by Martindale Hubbell for more than 20 consecutive years. He is a member of the Litigation Counsel of America, a trial honorary society.

Tom is focused primarily on White Collar criminal defense, representing individual and corporate clients in all stages of criminal investigations in federal and state courts, from the initiation of the investigation through trial. He also represents clients in civil litigation and trials, as well as administrative hearings and regulatory matters. Tom has served as lead counsel on behalf of companies and religious organizations on a variety of internal investigations. His cases have primarily been in commercial disputes, environmental, government contracting, securities, government contracting, tax, and healthcare.

Before joining Smith Gambrell & Russell, Tom practiced in Atlanta with Alston & Bird. He then served in the Criminal Division of the United States Attorney’s Office for the Northern District of Georgia, prosecuting fraud, public corruption, and general crimes. The U.S. Department of Justice awarded him a Special Commendation for his prosecution of a major FHA mortgage loan fraud case. He later served as Associate Counsel in the Office of Independent Counsel, conducting the “Iran/Contra” investigation.

Tom speaks and appears regularly at a variety of professional seminars. These have included the National Seminar on the Federal Sentencing Guidelines, the American Bar Association’s Healthcare Fraud Institute, and annual seminars in Georgia on White Collar Crime, Healthcare Fraud, Federal Criminal Practice, and Internal Corporate Investigations.

Tom's Practice

Representative Matters

• Defended State Senator against multiple count felony indictment against him and 18 others brought by Fulton County District Attorney alleging RICO and election fraud arising from his service as a contingent Republican elector in 2020. After we filed and argued our motions in court, the D.A. and her entire office were removed from the case due to her appearance of her conflict of interest, and then the case against client was dismissed in its entirety by the Executive Director of the Prosecuting Attorneys’ Council of Georgia in a written opinion finding, after a review of all of the State’s evidence, no evidence of criminal intent on the part of client.
• Successful representation of accountant/attorney in criminal conservation easement case brought by DOJ Tax Division in N.D. of Georgia. Negotiations with the government, including proffer sessions, led to one count Information being filed in S.D.FL, Boca Raton Division, resulting in a sentence of six months home detention.  Client ended up not being called to testify at trial.  Sentences flowing from pleas and convictions in the N.D. Ga. were, in contrast, eight, ten and twelve years.
• Represented a manufacturing company in Georgia alleged to have violated local ordinances by discharging particulate matter into the city water system. The matter was resolved through civil settlement to pay a fine, remove remaining residue, and taking preventive action against potential discharge above ordinance levels.
• Represented historic International Church denomination in an internal investigation and forensic audit of a $90 million fraud on its pension plan. Issued report. Lead to indictment of the three perpetrators, and seizure and forfeiture proceedings of $9 million by the FBI/U.S. Attorney’s Office Connecticut on behalf of the Pension Plan.
• Engaged by large historic Atlanta metropolitan church to conduct forensic audit and investigation of suspected embezzlement and misappropriation arising from Church’s substantial real estate investments. Report prepared and issued identifying and tracing $360,000 theft. Matter referred to federal law enforcement agencies. Investigation by law enforcement ongoing.
• Successfully advised and counseled two clients who had improperly applied for and received a number of significant PPP Loans, preventing investigation and likely prosecution and incarceration.
• Represented company defrauded in contract by U.S. broker and Chinese manufacturer in multimillion dollar order for N95 masks at beginning of Covid pandemic, to be supplied to hospital system in Middle East. Client company and owners faced potential financial ruin as a result of the fraud. Reported to FBI, resulting in seizure and forfeiture proceedings against U.S. broker for one half of the funds still held by broker. As a result of market factors, client was able to fulfill contract to hospital system on masks, and resolve matter at no financial loss for clients.
• In Federal Court in the E.D. of Virginia, achieved a one-month intermittent confinement and 11 months home detention for businessman prosecuted for fraud, in the face of Assistant U.S. Attorney recommending 17 to 21 months incarceration. Codefendant received three years incarceration.
• In Federal Court in 2021, achieved a 6 month home detention sentence and restitution for businessman client in prosecution for unlawful possession of opioid prescription drugs for personal use, in the face of the U.S. Attorney’s Office recommending 30 months of incarceration.
• Hung jury trial, defending client on criminal charges for failure to file multiple tax returns, federal court in Atlanta.
• Defended business owner in $6 million customs tax evasion case, facing 6 year sentence, negotiated one 2 year count, obtained 14 month sentence in court. Atlanta.
• Defended owner of staffing company in multi-defendant federal indictment on immigration violations, negotiated plea down from 5 years to blinding plea of 15 months. Atlanta.