People

Todd F. Braunstein

Counsel

Braunstein, Todd F.
Todd Braunstein is a litigator who focuses his practice on high-stakes government investigations. He has represented clients in inquiries involving tax, antitrust, money laundering, securities, and national security matters, among others. Mr. Braunstein is also a seasoned trial lawyer. Before joining the firm, Mr. Braunstein had a lengthy career in government that included stints as an Assistant US Attorney (AUSA), in the White House, and on the Senate Judiciary Committee.

As an AUSA, Mr. Braunstein investigated and prosecuted a wide range of federal crimes, including health care fraud and other health care-related crimes; bribery and kickbacks in programs receiving federal funds; obstruction of federal auditors; embezzlement of labor union assets; various wire fraud and mail fraud schemes; narcotics trafficking and violent crime.
 
During his service in the White House and Senate, Mr. Braunstein developed expertise in areas such as immigration; the USA Patriot Act and other national security issues; the False Claims Act and employment discrimination. 

Experience

Prior to joining the firm, Mr. Braunstein served as an AUSA in the Economic Crimes Unit of the US Attorney’s Office for the District of Massachusetts. Highlights of his tenure included the conviction, following a jury trial, of a police officer who provided information to a drug trafficker about undercover law enforcement operations. Mr. Braunstein also investigated and prosecuted health insurance executives accused of engaging in a sprawling scheme to defraud numerous other health insurance companies.

Before joining the US Attorney’s Office, Mr. Braunstein worked in the White House as Special Assistant to the President for Domestic Policy. Mr. Braunstein served as the principal day-to-day White House policy advisor on issues within his portfolio, which included a wide range of legal policy issues, with a focus on crime, immigration and civil litigation. He briefed the President, Chief of Staff and other top White House officials on key issues, and worked with leadership in the Departments of Justice, Homeland Security, Labor, Commerce and Health and Human Services, among others. Mr. Braunstein also served as Counsel for Crime and Terrorism to the chairman of the Senate Judiciary Committee.

Mr. Braunstein began his career as a litigation associate at another law firm in Washington DC.

Publications & News

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April 25, 2012

DC Circuit Requires Fairness Hearing Where Relator Objects to False Claims Act Settlement

The Court of Appeals for the DC Circuit ruled last week that the United States cannot settle a qui tam action over a relator's objection without a judicial finding that the proposed settlement is fair, adequate, and reasonable under the circumstances. The decision will potentially complicate efforts by the government and defendants to resolve cases under the False Claims Act, especially those with little merit or damage to the government.

Recent Highlights

Following are recent highlights of Mr. Braunstein’s internal investigations and government representations practice:

  • Representation of a financial institution in a criminal tax investigation conducted by the US Department of Justice and other agencies.
  • Representation of a shipping company in a criminal antitrust investigation conducted by the US Department of Justice.
  • Representation of a large government contractor in a national security investigation.
  • Representation of a financial institution in a money laundering investigation conducted by the US Department of Justice.
  • Representation of a large media company in an internal inquiry related to possible improprieties in newsgathering.

Following are recent highlights of Mr. Braunstein’s trial practice: 

  • Defense of a major government contractor in a construction case tried before an arbitrator in June 2013. Mr. Braunstein and his colleagues were retained as trial counsel just 10 weeks before the arbitration commenced. Squaring off against a prominent national law firm with a many-months head start in the proceedings, Mr. Braunstein and his colleagues achieved an across-the-board denial of all claims against their client.
  • Pro bono defense of an individual charged with three counts of violent crime in the District of Columbia. Mr. Braunstein took over as lead trial counsel for WilmerHale just one month before the trial commenced. After a two-week trial, the jury acquitted Mr. Braunstein’s client on two of the counts in the indictment, including the most serious charge.

Professional Activities

Mr. Braunstein is a member of the Executive Committee of the Federalist Society’s Criminal Law Practice Group. He is also a member of the Graduate Executive Board of The Harvard Crimson. Mr. Braunstein serves on the Legal Advisory Board of the Louis D. Brandeis Center for Human Rights Under Law.

Practices

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Education

JD, cum laude, Harvard Law School, 2001, Commentaries Chair, Harvard Law Review

BA, Economics, magna cum laude, Harvard University, 1997, President, The Harvard Crimson

Bar Admissions

District of Columbia

New York