Roberto Braceras, former head of the Litigation Department in Goodwin’s Boston office, has more than 20 years' of experience in white collar criminal defense, securities fraud and complex commercial litigation. Mr. Braceras, a former federal prosecutor, has tried jury and non-jury cases in both state and federal court. He also has defended a variety of investigations before the U.S. Securities and Exchange Commission, the Massachusetts Securities Division, FINRA and other self-regulatory organizations. Mr. Braceras is ranked by Chambers USA: America’s Leading Lawyers for Business for his White Collar Crime & Government Investigations work.

Experience

ERFAHRUNG

工作经历

Mr. Braceras has successfully represented Fortune 50 corporations, top financial firms, leading universities and individuals in a wide variety of government investigations and civil litigation involving securities fraud, health care fraud, the False Claims Act, insider trading, environmental crimes, export violations and the Foreign Corrupt Practices Act (FCPA). Such representations have resulted in declined prosecutions and favorable judgments and settlements.

Mr. Braceras's representations include:

  • Harvard University and Massachusetts Institute of Technology in class actions involving claims seeking greater “accessibility” to various websites.
  • Research misconduct investigations and related litigation on behalf of universities and research institutions. Such representations have included the successful dismissal of a federal lawsuit challenging an internal research investigation. Mr. Braceras also successfully argued the appeal before the First Circuit Court of Appeals.
  • Former SAC Capital Advisors portfolio manager, Mathew Martoma, against criminal and SEC allegations of insider trading. Prosecutors alleged that Martoma participated in the largest-ever insider trading case, committing securities fraud by trading on shares of two pharmaceutical companies using non-public information, resulting in over $276 million in gains.
  • Various private equity firms and their portfolio companies in post-closing disputes, SEC and government inquiries, and internal investigations.
  • Mutual fund service provider in an SEC investigation and enforcement matter involving mispriced securities.
  • UniFirst Corporation in a multi-district litigation (MDL) involving hundreds of claims based on a meningitis outbreak caused by alleged criminal wrongdoing by the New England Compounding Center (“NECC”).
  • PM USA, Inc. in Haglund v. PM USA, Inc., a wrongful death action in Massachusetts state court. After a month-long trial, the jury returned a complete defense verdict. Mr. Braceras was recognized by Massachusetts Lawyers Weekly for "scor[ing] a big win."
  • Jon Paul Rorech, a Deutsche Bank trader, in SEC v. Rorech, et al., 09 Cv 4329 (S.D.N.Y.), the first-ever insider trading case involving credit default swaps. In June 2010, after a month-long trial, the court dismissed all charges against Mr. Rorech, providing Mr. Braceras's client with a sweeping victory in a landmark case regarding sales practices in the fixed income markets.
  • Richard Lane, the former President of the Worldwide Medicines division of Bristol-Myers Squibb (BMS), in criminal, SEC, and private civil securities cases involving allegations of fraud in connection with so-called "channel stuffing" practices at BMS. In United States v. Fred Schiff and Richard Lane, 06 Cr. 406 (D.N.J.), after more than five years of pre-trial litigation, the district court dismissed the government's primary theory of liability, a decision affirmed on appeal by the Third Circuit. All charges against Mr. Lane were later dismissed in connection with a deferred prosecution agreement with the government.

Among other past cases, Mr. Braceras successfully represented: (i) prominent private equity firms and their portfolio companies in post-closing and working capital disputes; (ii) food industry companies in due diligence, internal audits, and government investigations; (iii) a national pension consulting firm in connection with claims relating to the Madoff ponzi scheme; (iv) Harvard University in False Claims Act litigation; (v) several mutual fund complexes in market timing NASD, SEC, and DOJ investigations; (vi) international corporations in FCPA investigations; and (vii) pharmaceutical and medical device companies in cases involving claims of off-label marketing.

Professional Activities

Mr. Braceras was appointed by Massachusetts Governor Charlie Baker to be Vice Chairman of the Commonwealth’s Judicial Nominating Commission. He also served on the Judicial Nominating Commission chosen to help the governor fill five of the seven seats on the Massachusetts Supreme Judicial Court. Mr. Braceras also currently serves on the board of directors the U.S. District Court Criminal Justice Act (CJA) Panel. As a member of the CJA panel, he represents indigent defendants pro bono in federal criminal cases.

In 2011, Mr. Braceras was appointed to serve on a bi-partisan committee to screen candidates for federal judgeships in the District of Massachusetts. Previously, Mr. Braceras served, at the request of the U.S. District Court, as a member of a Federal Magistrate Merit Selection Panel. He also was a member of the Massachusetts Ballot Law Commission.

Professional Experience

Prior to joining Goodwin, Mr. Braceras worked as a federal prosecutor with the U.S. Department of Justice in the Criminal Division, Fraud Section. During his tenure with the Department of Justice, he investigated and prosecuted various complex federal crimes, including telemarketing fraud, money laundering, wire fraud, and FCPA offenses. While with the Justice Department, Mr. Braceras represented the United States in Mexico City in discussions with the Mexican government concerning extradition issues. He also prosecuted local crimes with the U.S. Attorney’s Office for the District of Columbia and bank fraud cases with the New England Bank Fraud Task Force. As a prosecutor, he successfully tried numerous cases to verdict.

Recognition

Mr. Braceras is ranked by Chambers USA for his White Collar & Government Investigations work. He has been described as a “tremendous” attorney who “possesses formidable experience and particular expertise in sensitive internal and government investigations and corresponding litigation.” He is also listed in Global Investigations Review 100a guide to the world’s leading firms for corporate investigations. Mr. Braceras has been recognized by Massachusetts Lawyer’s Weekly on its “Power List” as one of the state’s “most influential attorneys,” and by the Boston Business Journal as one of the top 40 business leaders in Massachusetts under the age of 40 (2007). He was also a recipient of the Attorney General’s Special Achievement Award for his performance as a Department of Justice prosecutor.

In The News

MELDUNGEN

在新闻中

Credentials

WERDEGANG

专业资格

Education

J.D., 1994
Yale Law School
A.B., 1991
Dartmouth College

(magna cum laude; Phi Beta Kappa)

Clerkships

1994 to 1995 U.S. District Court for the District of Massachusetts, Honorable Nathaniel M. Gorton

Admissions

Bar

Massachusetts

Courts

U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the District of Massachusetts
New York Supreme Court
U.S. District Court for the Southern District of New York
U.S. District Court for the District of New Jersey
U.S. District Court of Connecticut
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