David Alan O’Toole

Bragança Law is based in Illinois but represents clients all over the country. We defend individuals and businesses in SEC, FINRA, and state regulatory investigations and litigation, recover investor losses, represent whistleblowers, and handle business disputes. We help clients with:

• Responding to SEC Subpoenas
• Responding to FINRA 8210 Requests
• Responding to State Financial Agency Investigation Demands
• Representing Individuals and Entities in Business Disputes

Practice Areas

• Securities
• Commercial Litigation
• Antitrust
• Consumer Protection

Representative Clients

• We represent individuals and small businesses in SEC and other regulatory investigations.
• We represent individual brokers in FINRA investigations an din disputes with their firms.

I worked for 24 years as a litigation attorney for the Federal Trade Commission, litigating and investigating consumer protection and antitrust matters. I was the lead attorney on more than 30 investigations, most of which resulted in cases filed in federal courts throughout the United States, involving violations of the Federal Trade Commission Act and other statutes enforced by the FTC, including against defendants engaging in pyramid and Ponzi schemes, deceptive and abusive telemarketing, illegal debt collection activities, and illegal lottery sales and sweepstakes. Investigated price-fixing and investigated and challenged proposed mergers. I routinely coordinated investigations and litigation jointly with foreign law enforcement agencies, and other federal and state criminal and civil law enforcement agencies. I am a frequent presenter on various consumer protection and antitrust issues to law enforcement, trade association, private legal, and consumer audiences.

Featured Cases and Matters

FTC v. Lifewatch Inc., et al. No. 15-cv-7581 (N.D. Ill.), and FTC v. Worldwide Info. Svcs. Inc. No. 6:14-cv-8 (M.D. Fla.): Shut down international telemarketing scheme deceptively pitching medical alert devices; $2 million recovered for consumers.

FTC v. Fortune Hi-Tech Marketing, Inc., et al., No. 13-cv-578 (N.D. Ill.) & 13-cv-123 (E.D. Ky.): Shut down international pyramid scheme; more than $9 million recovered to date for consumers.

FTC v. Zelener, et al., No. 05 C 2747 (N.D. Ill.): Stipulated permanent injunctions against defendants for misrepresenting foreign currency exchange speculation services; brought case after district court dismissed action by Commodities Futures Trading Commission for lack of jurisdiction. Assisted subsequent criminal prosecution of individual defendant by U.S. Attorney (N.D. Ill.).

FTC v. Capital Acquisitions & Management Co., et al., No. 04 C 7781 (N.D. Ill.): First FTC case shutting down debt collector engaged in illegal practices. More than $1 million returned to consumers.

FTC v. Trudeau, et al., No. 03 C 3904 (N.D. Ill.): successful contempt prosecution of highest ranked informercial marketer, resulting in nearly $40 million verdict and subsequent criminal prosecution.

FTC v. Freedom Companies, et al., No. 12 C 5743 (N.D. Ill.): Shut down Dominican Republic-based mortgage scam targeting Spanish-speaking consumers throughout U.S.

FTC v. Safe Harbour Foundation, et al., No. 08 C 1185 (N.D. Ill.): Shut down mortgage refinancing operation. Assisted subsequent criminal prosecution by U.S. Attorney (M.D. Fla.).

FTC v. 1306506 Ontario Ltd., TSI Financial Services, et al., No. 00-CV-906 (W.D.N.Y.):  Shut down Canadian-based companies misrepresenting credit card loss prevention services.

FTC v. Consumer Alliance, et al., and FTC v. STF Group, et al., Nos. 02 C 2429 & 03 C 977 (N.D. Ill.): Shut down Canadian telemarketers selling credit card loss protection, advance fee credit cards, and fraudulent healthcare discount plan. Assisted subsequent criminal prosecution in Ontario.

FTC v. Central Coast Nutraceuticals, et al., No. 10 C 4931 (N.D. Ill.): Shut down Arizona operation misrepresenting negative option and continuity plans involving nutraceuticals. Approximately $7 million recovered to date for consumers from defendants and affiliate marketers.

FTC v. Transcontinental Warranty, Inc., et al. and FTC v. VoiceTouch, Inc., et al., Nos. 09 C 2927 and 2929 (N.D. Ill.): Shut down robocallers misrepresenting extended automobile warranties. Nearly $4 million returned to consumers. Assisted subsequent criminal prosecution by U.S. Attorney (S.D. Ill.).

FTC v. Bay Area Business Council, et al., No. 02 C 5762 (N.D. Ill.): Shut down telemarketer operating boiler rooms in U.S., Canada, and Central America offering stored value cards as low-interest unsecured credit cards; summary judgment affirmed. 423 F.3d 627 (7^th Cir. 2005). Successfully defended judgment in bankruptcy court, In re Porcelli, No. 8:03-bk-4075 (Bankr. M.D. Fla.). Assisted subsequent criminal prosecution by U.S. Attorney (S.D. Ill.).

Other Legal Experience

• Miller Shakman, Chicago, Associate: Financial, commercial, and bankruptcy litigation. Represented banks, corporations, trusts, and condominium associations in a variety of litigation matters; counseled domestic and international clients as to antitrust matters. Co-author of U.S. Supreme Court brief for ACLU in successful challenge of city’s patronage hiring of independent contractors.
• Holleb & Coff, Chicago, Associate: Commercial litigation, antitrust litigation and counseling, and white collar defense. Represented ATM network in antitrust and intellectual property litigation.
• Crowell & Moring, Washington, D.C., Associate: Antitrust litigation and white collar defense, including price-fixing and bribery investigations in airline, telecommunications, and pharmaceutical industries. Represented clients in potential mergers, including performing due diligence and negotiating with U.S. and foreign enforcement authorities.
• Adjunct Professor, Loyola University of Chicago School of Law, Consumer Protection Law
• Adjunct Professor, John Marshall School of Law (now University of Illinois-Chicago), Antitrust Law and International Antitrust Law
• Guest lecturer, Northwestern University School of Law (“Pritzker”), Consumer Protection and Antitrust Law
• Guest lecturer, University of Chicago Graduate School of Business (“Booth”), Business Law and Antitrust Law
• Recipient of numerous awards and honors from Federal Trade Commission, including the Bureau of Consumer Protection Director’s Award

Non-Legal Activities

• Jewish Community Center, City Central, Chicago, Board Member.
• Illinois Department of Employment Security, Chicago, Legislative Analyst.
  Worked on legislation proposed by states to modify federal unemployment trust fund.
• Peterson & Co. Consulting, Litigation Consultant, Chicago.
  Prepared expert accounting testimony and analysis for cases involving patent infringement.
• McMaster-Carr Supply Co., Elmhurst, IL, Buyer/Pricing Analyst.
  Analyzed competitors and suppliers, and building pricing model for industrial distributor.
• Homewood-Flossmoor High School, Flossmoor, IL, Debate Coach.