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    1. Home
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    3. Brianna Portu

      People
    1. Home
    2. People
    3. Brianna Portu

      People

    Brianna N. Portu

    Associate


    • Boston
    • Office617.345.1084
    • bportu@nixonpeabody.com

    I'm a 2024 Nixon Peabody Pro Bono Champion.Read more about our Pro Bono program

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    • LinkedIn Profile

    Introduction

    Brianna Portu is a litigator and a member of Nixon Peabody’s Government Investigations and White Collar Defense practice group, representing individuals and corporations across multiple industries.

    Practice Areas

    Government Investigations & White Collar DefenseLitigationFalse Claims Act & Qui Tam MattersLife Sciences & Healthcare Compliance and Investigations

    /My focus

    I represent individuals and companies through all stages of government investigations, internal investigations, and complex civil and criminal litigation. I advise clients in responding to grand jury subpoenas, HIPAA subpoenas, and civil investigative demands involving various enforcement agencies, including the U.S. Department of Justice, U.S. Attorney’s Offices, the U.S. Securities and Exchange Commission, and the Financial Industry Regulatory Authority. I have experience assisting clients in the life sciences and healthcare industries in matters involving the False Claims Act, Anti-Kickback Statute, Stark Law, and the Food, Drug, and Cosmetic Act.

    /Representative experience

    • Representation of a medical device company in defense of an investigation by the U.S. Department of Justice and the U.S. Attorney’s Office in connection with alleged violations of the False Claims Act and Anti-Kickback Statute
    • Representation of a national hospice provider in defense of a False Claims Act investigation by the U.S. Department of Justice and various U.S. Attorney’s Offices into Medicare billing and hospice eligibility issues
    • Representation of office-based opioid treatment provider in defense of False Claims Act investigation by the U.S. Department of Justice and U.S. Attorney’s Office related to urine drug testing
    • Representation of nurse practitioner in defense of a False Claims Act investigation by the U.S. Department of Justice and U.S. Attorney’s Office concerning the prescription of durable medical equipment via telemedicine
    • Representation of home healthcare agency in connection with appeal of state Medicaid audit
    • Representation of non-emergency medical transportation broker in defense of False Claims Act investigation by U.S. Department of Justice and U.S. Attorney’s Office concerning arrangements with transportation providers
    • Representation of professor in federal lawsuit brought by the U.S. Attorney’s Office involving alleged grant and tax fraud
    • Representation of an advanced materials manufacturer in an investigation by the U.S. Securities and Exchange Commission and U.S. Attorney’s Office over representations made to investors concerning technologies related to COVID-19
    • Representation of a diagnostics company in an investigation by the U.S. Securities and Exchange Commission and U.S. Attorney’s Office over compliance with the Paycheck Protection Program (PPP) and representations concerning technologies related to COVID-19

    /Looking ahead

    While Circuit splits continue to grow in False Claims Act space, such as in the context of AKS-predicated actions, the FCA remains a powerful tool for both the government and whistleblowers and poses a significant risk to businesses across a wide range of industries. Companies and individuals need to be prepared to adapt to ever-changing standards and evolving strategies to effectively defend these investigations and enforcement activities.

    /In the news

    • The Boston Globe

      Mustard maker contaminated New Hampshire waterway

      Manchester Government Investigations & White-Collar Defense counsel Amy Spencer is quoted in this article on behalf of Old Dutch Vinegar & Mustard and its president, Charles Santich, who pleaded guilty to violating the Clean Water Act. An environmental impact analysis found no related impacts to the Souhegan River nor any identifiable victims. In addition to Amy, the NP team includes Manchester partner Dave Vicinanzo, Boston associate Brianna Portu, and Manchester associate Allison Regan, all of the GIWC practice.

      Feb 26, 2025
    • Boston College Law Magazine

      Together at last

      This article highlights the pro bono work of Privacy & Technology counsel Ronaldo Rauseo-Ricupero and Government Investigations & White Collar Defense associate Brianna Portu, both of the Boston office, to help a Honduran man’s wife and children reunite with him in the US after helping the man return to the US in 2018 following a 2003 deportation.
      July 12, 2022
    • The Boston Globe

      Federal prosecutors seek to dismiss charges against MIT professor accused of concealing ties with China

      The following article covers the federal government’s motion to dismiss charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher, and the team defending Dr. Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.
      Jan 20, 2022
    • The New York Times

      US moves to drop case against MIT scientist accused of hiding China links

      The following article covers the federal government’s motion to dismiss charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher, and the team defending Dr. Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.
      Jan 20, 2022
    • Associated Press

      US drops case against MIT professor accused of ties to China

      The following article covers a federal judge’s dismissal of all charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher. The team defending Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.
      Jan 20, 2022
    • The Washington Post

      Charges dismissed against MIT professor accused of hiding research ties to China

      The following article covers a federal judge’s dismissal of all charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher. The team defending Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.
      Jan 20, 2022
    • Law360

      MIT professor defeats China-ties case as feds reverse course

      The following article covers a federal judge’s dismissal of all charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher. The team defending Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.
      Jan 20, 2022
    • The Wall Street Journal

      US drops case against MIT professor accused of hiding China ties

      The following article covers a federal judge’s dismissal of all charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher. The team defending Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.
      Jan 20, 2022
    • South China Morning Post

      US to end case against Gang Chen, MIT scientist accused of hiding ties to China

      The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.
      Jan 15, 2022
    • Reuters

      U.S. prosecutors recommend dropping China charges against MIT professor: source

      The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.
      Jan 14, 2022
    • Law360

      Feds recommend dropping MIT Professor's China ties case

      The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.
      Jan 14, 2022
    • The Washington Post

      In high-profile case against MIT's Gang Chen, prosecutors seeking to drop charges

      The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.
      Jan 14, 2022
    • The Wall Street Journal

      Prosecutors recommend dropping case over china ties against MIT scientist

      The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.
      Jan 14, 2022
    • Law360

      Indicted MIT professor wants feds sanctioned for press remarks

      This article covers a motion to sanction the Boston U.S. Attorney for making misleading statements to the press, in violation of local rules, in the case of an MIT professor facing fraud charges for not disclosing information from various entities in China when applying for a Department of Energy grant. The story mentions Boston partners Rob Fisher and Brian Kelly, and associates Brianna Nassif and Scott Seitz, all of the Government Investigations & White Collar Defense group, for representing the MIT professor.
      Feb 4, 2021
    • Law360

      MIT Profs Back Colleague Facing 'Flawed' Fraud Charges

      This article covers a letter signed by more than 100 MIT faculty members in support of MIT professor Gang Chen, who faces fraud charges for not disclosing information from various entities in China when applying for a U.S. Department of Energy grant. The letter calls the investigation of Prof. Chen “deeply flawed“ with &ldquomisleading“ assertions in the charges. The article mentions Boston Government Investigations & White-Collar Defense partners Rob Fisher and Brian Kelly, and associates Scott Seitz and Brianna Nassif for representing Prof. Chen.
      Jan 22, 2021

    /Admitted to practice

    Massachusetts
    U.S. Court of Appeals, First Circuit

    /Education

    Boston College, B.A., cum laude
    Boston College Law School, J.D., cum laude

    /Recognition

  • Selected, through a peer-review survey, for inclusion in Best Lawyers: Ones to Watch 2025 in the field of Criminal Defense: White-Collar; listed in Best Lawyers: Ones to Watch since 2024"
  • /Pro bono services

    • Representation of a deportee in precedent-setting post-deportation merits hearing in Immigration Court in Oakdale, LA, and subsequent citizenship proceedings, and representation of his immediate family members in petitions for immigrant visas through the U.S. Department of State and National Visa Center. The firm was awarded with Boston College Center for Human Rights and International Justice’s inaugural “Human Rights in Action Award” for our work on the case
    • Representation of a victim of domestic violence in defensive asylum litigation in Immigration Court in Boston, MA, and before the Board of Immigration Appeals, and representation of her children in derivative proceedings through USCIS and the U.S. Department of State
    • Representation of unaccompanied minor child in Special Immigrant Juvenile and adjustment of status proceedings before the Immigration Court and USCIS

    Insights And Happenings

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    • Alert

      First Circuit adopts “but-for” causation standard for FCA claims based on AKS violations

      Feb 26, 2025
    • Press Release

      13 Nixon Peabody attorneys named “Lawyer of the Year” by The Best Lawyers in America®

      Aug 15, 2024
    • Alert

      False Claims Act enforcement in 2023

      Feb 26, 2024
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    Professionals in the Practice Area

    View All
    • Robert Fisher

      Partner / Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:+1 617.345.1335
      • rfisher@nixonpeabody.com
      Robert Fisher
    • Hannah Bornstein

      Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense
      • Boston
      • Office:+1 617.345.1217
      • hbornstein@nixonpeabody.com
      Hannah Bornstein
    • Brian T. Kelly

      Partner
      • Boston
      • Office:+1 617.345.1065
      • bkelly@nixonpeabody.com
      Brian T. Kelly
    • John Sandweg

      Partner
      • Washington DC
      • Office:+1 202.585.8189
      • jsandweg@nixonpeabody.com
      John Sandweg
    • David A. Vicinanzo

      Partner
      • Boston
      • Office:+1 617.345.1177
      • dvicinanzo@nixonpeabody.com
      David A. Vicinanzo
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