Tracy A. Miner

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  • Boston College (JD, 1985)
  • University of Notre Dame (BA, 1980)

Bar Admissions

  • Massachusetts
  • New Hampshire

As a criminal defense attorney, Tracy represents many of the region’s major corporations, financial institutions, public officials, and high-profile individuals in state and federal investigations. Her experience includes successfully defending corporations and their officers in health care fraud and environmental and defense contracting cases, as well as individuals charged with offenses such as RICO, mail fraud, extortion, securities fraud, and bribery.

Tracy represents individuals and corporations both pre- and post-indictment. She has extensive experience litigating matters before the Office of the US Attorney, Department of the Attorney General, Bureau of Prisons, Department of Justice, and several other state and federal regulatory agencies. Tracy has secured acquittals for her clients in her last three federal criminal jury trials.

She has successfully litigated political corruption cases, both on behalf of politicians and those doing business with them, as well as health care fraud cases on the side of both doctors and pharmaceutical representatives. In addition, she has worked on regulatory cases, such as criminal wage and labor disputes and violations of OSHA. She also has significant experience working on securities fraud, computer fraud, and campaign finance fraud cases.

She was appointed by Sen. Edward M. Kennedy to the Selection Committee for the District of Massachusetts to make recommendations on the selection of the new US attorney, the new US marshal, and the US district court judge.

Tracy has lectured extensively on criminal law issues, including presentations on defending federal criminal cases and on defending kickback cases.

Representative Matters

  • Represented the closing attorney in a mortgage fraud case in federal district court. After a seven-day jury trial, her client was acquitted of all charges.
  • Representing the former director of a major pharmaceuticals company who was charged in a multi-count health care fraud conspiracy of violating the anti-kickback statute. The client was alleged to have offered physicians a trip to a medical conference in exchange for writing additional prescriptions of a drug manufactured by the company. After a five-year investigation and three-week trial, Tracy’s client was found innocent of all of the charges.
  • Representing parent and subsidiary concrete manufacturers in connection with an investigation into supplying substandard concrete on the Big Dig project in Boston, Massachusetts, and rigging bids on municipal contracts. After extensive investigation, Tracy negotiated a global resolution of criminal, civil, and administrative claims, which resulted in the parent company not being named or charged, and the subsidiary not being suspended or debarred from government-funded work.
  • Serving as the lead attorney in the acquittal of a former pharmaceutical sales executive accused with 11 other individuals of, among other things, conspiracy and violating the anti-kickback statute. In a jury trial that lasted three months, Tracy and her team proved that her client’s behavior fit within an exemption to the statute. Her client was the first acquitted.
  • Defending a client facing grand jury charges of immigration and adoption fraud relating to the adoption of Cambodian babies. The case involved the adoption of Cambodian babies with the use of American facilitators operating in Cambodia. Not only did Tracy avoid indictment for her client, she was able to portray her client as a victim/witness in the case.
  • Handling fraud allegations against construction companies accused of being sham organizations in relation to Massachusetts’s Big Dig project.
  • Successfully negotiating a plea agreement for a client accused of tax fraud amounting to a loss of $600,000. While her client faced a year and a day in jail, Tracy convinced the court to accept a sentence of only probation and a fine.
  • Representing a digital printing manufacturer alleged to have violated criminal customs laws in connection with importation of components from Israel. The case was closed without criminal charges being brought.
  • Representing a construction company and its owner accused of criminal violations of state labor laws. Felony charges were reduced to misdemeanors and the company avoided debarment.
  • Representing an investment banker faced with RICO and bribery charges in connection with pension investments made by the state treasurer in Connecticut. Case resulted in RICO and bribery charges being dismissed and a plea to one count of making a gratuity.
  • Representing a manager of an environmental testing company alleged to have violated the Foreign Corrupt Practices Act in connection with contract payments made while erecting a plant in Brazil. The matter was resolved without criminal charges being brought against our client.

Recognitions & Awards

  • Best Lawyers in America: Criminal Defense: White-Collar (2011 – 2014)
  • BTI Client Service All-Star (2011)
  • Chambers USA: Massachusetts – Litigation: White-Collar Crime & Government Investigations (2010 – 2014)
  • The National Law Journal: “Winning: Profiles of Successful Litigators” (2010)
  • Massachusetts Super Lawyers: Criminal Defense: White Collar (2004 – 2013)
  • Martindale-Hubbell AV Preeminent

Professional & Community Involvement

  • Co-chair, White Collar Committee, National Association of Criminal Defense Lawyers
  • Fellow, Litigation Counsel of America
  • Board member, National Association of Criminal Defense Lawyers
  • Board member, Massachusetts Association of Criminal Defense Lawyers
  • Past president, Massachusetts Association of Criminal Defense Lawyers
  • Member, Federal Court Criminal Justice Act Panel  
  • Member, American Law Institute Sentencing Project Board of Advisors
  • Member, US Court of Appeals for the First Circuit Advisory Committee
  • Faculty member, ABA Law Student Division