Roberto M. Braceras

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.