Former U.S. Attorney Scott Brady, who led health care fraud prosecutions and oversaw federal cases in Western Pennsylvania, is joining the U.S. Department of Health and Human Services to focus on an agencywide anti-fraud initiative.

HHS Secretary Robert F. Kennedy Jr. made the announcement last week, calling the effort a top priority for the agency.

Brady served as U.S. attorney during President Donald Trump’s first administration, prosecuting health care fraud schemes. He created the first-in-the-nation joint federal and state COVID Fraud Task Force to prosecute COVID-related fraud. Brady was also U.S. attorney during the prosecution of the Pittsburgh synagogue shooting case, the deadliest antisemitic attack in U.S. history.

He stepped down from the U.S. Attorney’s Office in February 2021, shortly after President Joe Biden took office. It’s customary for an attorney installed by a previous administration to leave the office.

Since leaving the U.S. Attorney’s Office, Brady has served as a partner at Washington D.C.-based law firm Jones Day and as chief compliance officer for railroad equipment manufacturer Wabtec Corp. He joins former U.S. Attorney for the Southern District of West Virginia Mike Stuart in the HHS Office of General Counsel.

In a prepared statement, Brady said “The massive scope of fraud we are witnessing represents a clear and present danger to the American people.”

Pittsburgh-based criminal defense attorney Phil DiLucente has worked on several cases in which Brady was the lead prosecutor. He said Brady’s experience positions him well for the role.

“I think because former U.S. Attorney Brady had so much experience fighting fraud and taxpayer waste, it would make sense with the efforts of the Trump administration to have him lead the effort for fraud,” DiLucente said. “Having some of the largest cases with the office under U.S. Attorney Brady, he is extremely smart, bright and has the energy to lead the efforts.”

The timing of the announcement may be tied to allegations of fraud in state-administered programs in Minnesota, DiLucente said.

Following the allegations, HHS froze the Child Care Development Fund, Temporary Assistance for Needy Families and Social Services Block Grant to five states: California, Colorado, Illinois, Minnesota and New York, totaling about $10 billion. The funds support families with children, including assistance with child care costs and other essential services. Funding has not been frozen in Pennsylvania.

Brady’s move to HHS does not rule out a future return as U.S. attorney for the Western District of Pennsylvania, according to former Assistant U.S. Attorney Mike Comber.

“Once someone returns to federal service, there is frequent movement among positions and even departments,” Comber said. “A leadership position with HHS does not make it any more or less likely that someone could be nominated to be United States Attorney.”

The Western District encompasses about 40% of the state. The U.S. attorney enforces federal laws and sets priorities for the office. The position is currently vacant.

There are a total of 93 U.S. attorneys.

The U.S. attorney oversees a staff of around 130 prosecutors, civil litigators and other employees across three offices in Pittsburgh, Erie and Johnstown.

First Assistant U.S. Attorney Troy Rivetti was appointed to the role of U.S. Attorney by Attorney General Pamela Bondi this week. The U.S. Senate is expected to confirm Rivetti for the role.

In August, U.S. Sen. Dave McCormick’s communications team said it had been in touch with the White House counsel’s office after narrowing down candidates for the next U.S. attorney for the Western District. McCormick’s office did not respond to requests for further comment.

During President Trump’s second term, 31 U.S. attorneys have been confirmed by the Senate, including David Metcalf for the Eastern District of Pennsylvania. Brian Miller was appointed interim U.S. attorney for the Middle District of Pennsylvania by Bondi in late October.

Miller’s 120 day interim limit will run out in February.

In January, President Trump announced a new position to the DOJ called the assistant attorney general for national fraud enforcement, which will oversee multidistrict and multiagency fraud investigations and aid U.S. attorneys with fraud-related issues. Currently, no one has been nominated for the position.

“HHS will necessarily have to have a role in this multiagency effort. The Office of General Counsel will be important to the efficacy of any anti-fraud initiative,” Comber said.

Brady will not have to be confirmed by the U.S. Senate to serve in his new role.

Erin Yudt is a reporter with the Pittsburgh Media Partnership Newsroom, part of the Center for Media Innovation at Point Park University. She most recently was a multimedia content producer and digital reporter at WKBN in Youngstown and is a graduate of Point Park University. Reach her at erin.yudt@pointpark.edu.

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