David N. Kelley, the former United States Attorney for the Southern District of New York, has cultivated a revered reputation for his defense of high-profile matters involving sensitive white collar litigation and investigations before major regulatory bodies. His more than three decades of experience span a diverse range of commercial litigation and federal securities as well as grand jury investigations, prosecutions and congressional inquiries. As an experienced trial lawyer and investigator, Mr. Kelley represents multinational and domestic public companies, boards of directors, audit committees, and individuals, including officers and directors, on issues arising across a broad spectrum of industries, including defense, energy, healthcare, pharmaceuticals, financial services, infrastructure, insurance, oil and gas, and retail.
Lauded as "an amazing lawyer" who is "very good at seeing the big picture," Mr. Kelley advises clients around the globe on complex business crime disputes and litigates high-stakes external investigations before federal and state government regulators and prosecutors (
Chambers USA 2021
). He has appeared in courts and before regulatory bodies across the United States, and abroad, including the SEC, DOJ, Department of the Treasury, Office of Foreign Assets Control, Office of the Comptroller of the Currency, the Federal Reserve Bank, State Attorneys General, Inspector Generals of various government agencies, and the UK Financial Conduct Authority. In addition, he represents clients in matters that involve alleged violations of the federal False Claims Act and state consumer fraud and deceptive practices statutes. He has testified as an expert witness on federal criminal investigations and on the Anti-Kickback statute. Mr. Kelley also has significant experience conducting a variety of internal investigations concerning accounting fraud and irregularities, earnings management, option backdating, commercial bribery, and personnel misfeasance.
Mr. Kelley is consistently recognized by prominent legal publications including
Chambers
and
Legal 500
. In 2021, he was recognized by
The Best Lawyers in America
for his work in Commercial Litigation and Criminal Defense: White-Collar. In 2022, he was recognized as a leading lawyer by
Lawdragon
as among the top 500 leading lawyers in America. As a federal prosecutor, he drew acclaim for obtaining convictions of, among others, WorldCom CEO Bernie Ebbers in his conviction of fraud and conspiracy, Martha Stewart regarding her trades of ImClone stock, and the five La Cosa Nostra families on charges of racketeering and murder. Described by clients as a "terrific enforcement lawyer," Mr. Kelley is also well regarded for his representation of Princess Cruise Lines in a settlement and resolution of a criminal investigation with the Environmental and Natural Resources Division of DOJ for environmental offenses, serving as an independent monitor of Toyota’s compliance with safety efforts as part of a deferred prosecution agreement, representing Wal-Mart’s audit committee in an investigation into the company’s FCPA compliance and allegations of corruption, and counseling HSBC Holdings plc concerning the bank’s global dollar clearing services and Bank Secrecy Act compliance.
Mr. Kelley served as the U.S. Attorney for the Southern District of New York from 2003 to 2005, and prior to that, Deputy U.S. Attorney from 2002 to 2003. During his more than 17-years with the office, he oversaw the investigation and prosecution of cases involving an array of federal crimes pertaining to the FCPA and the Office of Foreign Assets Control as well as white collar crime, securities fraud, terrorism, and national security issues. In addition, Mr. Kelley was appointed by the New York City Police Commissioner to Chair Crime Reporting Review Committee, where he investigated the integrity of the NYPD’s crime statistics reporting processes. His previous experience also includes serving as co-chair of the Justice Department's nationwide investigation into the 9/11 attacks, in which capacity he personally prosecuted John Walker Lindh. Furthermore, Mr. Kelley, who served as chief of the organized crime and terrorism unit from 1995 to 2002, is noted for leading the investigations of the 2000 Millennium bombing plots, the 2000 attack of the USS Cole in Yemen, the 1997 bombings of the U.S. embassies in Kenya and Tanzania, and for prosecuting Ramzi Yousef for his role in the 1993 bombing of the World Trade Center.
He has served as an adjunct professor at New York Law School and has also taught trial advocacy clinics at Harvard and Hofstra Law Schools. Prior to joining Dechert, Mr. Kelley served as a partner and Executive Committee member at Cahill Gordon & Reindel.
David N. Kelley, the former United States Attorney for the Southern District of New York, has cultivated a revered reputation for his defense of high-profile matters involving sensitive white collar litigation and investigations before major regulatory bodies. His more than three decades of experience span a diverse range of commercial litigation and federal securities as well as grand jury investigations, prosecutions and congressional inquiries. As an experienced trial lawyer and investigator, Mr. Kelley represents multinational and domestic public companies, boards of directors, audit committees, and individuals, including officers and directors, on issues arising across a broad spectrum of industries, including defense, energy, healthcare, pharmaceuticals, financial services, infrastructure, insurance, oil and gas, and retail.
Lauded as "an amazing lawyer" who is "very good at seeing the big picture," Mr ...
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Foreign Corrupt Practices Act
-
Wal-Mart
’s Audit Committee concerning an extensive investigation by the SEC and DOJ into the Company’s global FCPA compliance and allegations of corruption.
-
The Audit Committee of
Qualcomm
in an investigation by DOJ and the SEC, and a related internal investigation, into the Company’s FCPA compliance.
-
The Audit Committee of
Pride International
in connection with one of the largest reported FCPA settlements – and the first of its kind to not impose a Monitor.
-
The
Diageo
Audit Committee in connection with an internal investigation and an SEC enforcement action concerning global FCPA compliance.
Financial Services
-
The Conflicts Committee of Apollo Global Management
in conducting an internal review of the relationship between the CEO and Jeffrey Epstein.
-
HSBC Holdings plc
, favorably resolving multi-year investigations by the Department of Justice, Office of Foreign Assets Control, Office of the Comptroller of the Currency, the Federal Reserve Bank, District Attorney of New York County, and the U.K. Financial Conduct Authority concerning various issues, including the bank's global dollar clearing services and Bank Secrecy Act compliance.
-
On behalf of three other
large global banks
, representation of a Supervisory Chairman of the Board, a Chief Operating Officer and the Treasurer, respectively, in connection with various federal, criminal and regulatory investigations concerning dollar clearing and LIBOR.
-
The Federal Reserve Bank of New York.
-
A Senior Officer of
Moneygram International
in connection with a DOJ investigation into the Company’s compliance with the Bank Secrecy Act.
Life Sciences and Healthcare
-
WellCare Health Care Plan Inc
.'s new senior management in connection with matters relating to the consequences of alleged conduct by prior management, including matters being investigated by the FBI, SEC and DOJ.
-
Former members of senior management of one of the world's largest pharmaceutical companies
in a federal criminal investigation of off-label marketing, the settlement on behalf of a medical device manufacturer with the New York Attorney General.
-
Conducted an internal investigation for
one of the largest skilled nursing facilities
in the New York Metropolitan area and have successfully represented it in connection with an investigation by the Department of Justice (“DOJ”) and Health and Human Services Office of the Inspector General (“HHS OIG”) into Medicare fraud and the improper disenrollment of Medicare Advantage patients in violation of the False Claims Act.
-
Conducted an internal investigation and represented a
network of skilled nursing, rehabilitation and senior care services
with over 50 facilities in five states in connection with a Medicare fraud investigation in the SDNY by DOJ, HHS OIG relating to the fraudulent inflation of billing of therapy services for senior care residents in violation of the False Claims Act and Anti-kickback statute.
-
Conducted an internal investigation and compliance review and represented a
service provider of mental health services
to senior residents of skilled nursing facilities throughout New Jersey, New York, and Pennsylvania. The investigation into potential violations of the False Claims Act and Anti-kickback statute is being conducted by HHS OIG and DOJ.
-
Represent an
Administrative Services Organization
that provides staffing and administrative services to a variety of healthcare providers throughout the NY Metro area in connection with a health care fraud and tax investigation by the DOJ health care fraud section and Tax Division.
-
Represent a
captive insurance group
that provides benefits to health care workers in the NY metro area, in connection with a New York Attorney General Office and DOJ investigation into fraud and violations of the NY wage parity law for health care workers.
-
Represent
ParCare
, a large health care provider, in connection with investigations by the EDNY, SDNY and NYAG into fraud concerning the application for and administration of COVID-19 vaccines.
-
Represented a
health care provider
in an investigation by the NYAG into fraud related to COVID treatments. The investigation terminated without charges.
Securities, Accounting and Consumer Fraud
-
Senior managers of a major brokerage firm and a Fortune 500 company
before the SEC and DOJ concerning insider trading allegations.
-
Beazer Homes
in investigations by and settlement with the SEC, DOJ and other state and federal authorities concerning accounting irregularities and mortgage practices.
-
The independent directors of
Freddie Mac
in connection with civil litigation and various matters arising from the Treasury Department’s formal rescue plan to take control of Fannie Mae and Freddie Mac and to replace the companies' chief executives.
-
The Compensation Committee of
Cablevision Systems Corporation
in shareholder litigation in New York state and federal courts arising from allegations of option-backdating and in investigations by the SEC and DOJ.
-
Settlements of consumer fraud allegations by the New York Attorney General on behalf of a variety of
companies in the telemarketing, telecommunications, and healthcare industries
.
Media
-
Standard & Poor’s
in connection with the investigation by and settlement with the Attorney General of New York relating to its ratings of securities backed by subprime mortgages.
-
Journalists
in connection with various federal criminal investigations and related First Amendment and federal grand jury litigation.
-
Representation of
Twitter’s
Deputy General Counsel before the House Committee on Oversight and Accountability concerning content moderation by social media platforms.
Responsible Sourcing
-
Several of the
world’s top retailers
in connection with supply chain integrity and responsible sourcing remediation.
Government Affairs
-
Representation of
former Director of the FBI, James Comey,
before various Congressional bodies and in the successful defense of civil action.
Transportation
-
Representation of
Carnival Cruise Lines
in connection with environmental compliance issues before the DOJ, EPA, and United States Coast Guard.
-
Served as Monitor for
Toyota USA
and work with other automotive entities on safety-related issues.
Cybersecurity
-
Representation of a
large municipality
in connection with malware and ransomware issues.
Real Estate Development
-
Representation of a
multibillion dollar real estate investment hedge fund
in connection with accounting and disclosure issues before DOJ and SEC.
Includes matters handled at Dechert or prior to joining the firm.
-
The 2022 Monaco Memorandum: Changes to DOJ Corporate Enforcement Policy
,
CPI Antitrust Chronicle
(February 2023)
-
“More Cooperation Please”: DOJ Revises Enforcement Policy to Encourage Even Greater Cooperation
,
The Corporate Governance Advisor
, Volume 31, No. 2 (March/April 2023)
-
U.S. Justice Department Announces Substantial Revisions to Corporate Enforcement Policy –
The Journal of Federal Agency Action
– Volume 1, Number 1 (January-February 2023)
-
Compensation Clawback Crackdowns – An Emerging Enforcement Focus
,
FCPA Professor
, November 7, 2022
-
Practice Tip: Beware Individual Criminal Liability for CEOs and CCOs as DOJ Begins Requiring Compliance Certifications
, The ABA CJS White Collar Crime Committee Newsletter, Summer-Fall 2022
-
Risk, Regulation and Reputation,
The Economist General Counsel Summit US, New York, NY (September 15, 2022)
-
ACI FCPA Conference 2021,
Washington, D.C. (December 2, 2021)
-
DRI Drug and Medical Device Seminar
, New York, NY (May 10, 2018)
-
William & Mary Whole of Government Center of Excellence National Security Conference
, Williamsburg, VA (April 20, 2018)
-
Innoxcell Annual Symposium 2017
, Shanghai, China (November 7, 2017)
-
Transatlantic General Counsel Summit
, London, UK (June 8, 2017)
-
Managing a Corporate Crisis: Strategies for Containing a Crisis and Controlling the Public Narrative While Meeting Ethical Obligations and Maintaining Privilege
- New York, NY (May 2, 2017)
-
Securities Enforcement Forum
, Washington, D.C. (October 13, 2016)
-
Corporate Enforcement Forum
, Boca Raton, FL(May 31, 2013)
