People

Todd F. Braunstein

Counsel

Braunstein, Todd F.

Todd F. Braunstein has nearly 15 years of experience in government investigations: conducting them, defending against them, and shaping national policy about them. His practice focuses on white collar criminal defense, internal investigations, regulatory enforcement and related civil litigation. Previously, Mr. Braunstein served as an Assistant US Attorney (AUSA) in Boston, where he prosecuted a wide range of economic crimes. Mr. Braunstein also served as both a White House aide and counsel to the Chairman of the US Senate Judiciary Committee, where he participated in significant debates about law and policy relevant to government investigations.

Practice

Mr. Braunstein conducts internal investigations and defends companies and individuals who are themselves under investigation by the government. He is also a seasoned trial lawyer. 

Mr. Braunstein has assisted financial institutions, energy companies, and other clients with dozens of inquiries by the US Department of Justice, the Securities and Exchange Commission, the Consumer Financial Protection Bureau, and other federal and state regulatory agencies. Areas of practice where he has significant experience include:

  • criminal tax;
  • antitrust;
  • anti-money laundering;
  • securities fraud and other securities matters;
  • public corruption (including the Foreign Corrupt Practices Act);
  • environmental crimes;
  • theft of intellectual property;
  • cybersecurity;
  • disclosures of classified information; and
  • consumer finance.

As an AUSA, Mr. Braunstein investigated and prosecuted a wide range of federal economic crimes, including bribery and kickbacks in programs receiving federal funds; healthcare fraud and other healthcare-related crimes; obstruction of federal auditors; embezzlement of labor union assets; and various wire fraud and mail fraud schemes.

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 Congress as well as 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.

Prior to his government service, Mr. Braunstein was an associate at Williams & Connolly LLP, where he focused on criminal and securities investigations, as well as related civil litigation.

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 white collar criminal defense practice:

  • Counsel to one of the world's largest financial institutions in a years-long investigation of off-shore tax evasion, including investigations by the US Department of Justice (DOJ) and other governments around the world.
  • Counsel to a commercial bank conducting an internal investigation of off-shore tax evasion.
  • Counsel to a large financial institution in an investigation by DOJ into anti-money laundering practices concerning employee benefit accounts.
  • Counsel to a shipping company in a DOJ criminal antitrust investigation of collusion in the vehicle carrier industry.
  • Counsel to an energy company in a DOJ criminal antitrust investigation.
  • Counsel to a financial institution in DOJ and internal investigations of a cybersecurity breach.
  • Counsel to an individual in a securities fraud investigation by the Manhattan District Attorney.
  • Counsel to a financial institution under DOJ investigation for money laundering by drug cartels.
  • Counsel to a large oilfield servicing company in a DOJ investigation of an oil spill.
  • Counsel to a major government contractor in internal and DOJ investigations of an unauthorized disclosure of classified information.
  • Counsel to a shipping company in an internal investigation of possible violations of the Foreign Corrupt Practices Act.
  • Counsel to an energy company in a DOJ investigation under the Foreign Corrupt Practices Act.
  • Counsel to a technology company regarding recent developments under the Foreign Corrupt Practice Act.
  • Counsel to a large media company in an internal inquiry related to possible improprieties in newsgathering.

Following are recent highlights of Mr. Braunstein's practice before the Securities and Exchange Commission (SEC):

  • Counsel to an investment bank in an SEC insider trading investigation.
  • Counsel to multiple financial institutions in SEC investigations for violations of broker-dealer, investment advisory laws.
  • Counsel to a large law firm in a years-long SEC investigation of aiding and abetting securities law violations.

Following are recent highlights of Mr. Braunsteins practice in consumer financial matters:

  • Counsel to a large telecommunications company in an investigation by the Consumer Financial Protection Bureau (CFPB) of debt collection and consumer reporting practices.
  • Counsel to a media company in a CFPB investigation of debt collection and consumer reporting practices.
  • Counsel to a financial institution in an internal investigation of mortgage lending practices for possible Fair Credit Reporting Act and internal policy violations.
  • Counsel to a financial institution in a CFPB investigation of loss mitigation practices.

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

  • Defense of a major government contractor in a construction case tried before an arbitrator. 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

Bar Admissions

District of Columbia

New York