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. His more than three decades of experience spans a diverse range of grand jury investigations, prosecutions and congressional inquiries, as well as commercial litigation and federal securities.
An experienced trial lawyer and investigator, David advises clients around the globe on complex business crime disputes and litigates high-stakes external investigations before federal and state government regulators and prosecutors. His clients include multinational and domestic public companies, boards of directors, audit committees, and individuals, including officers and directors, that span a broad spectrum of industries, including defense, energy, healthcare, pharmaceuticals, financial services, infrastructure, insurance, oil and gas, and retail.
David 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 (OFAC), 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, David represents clients in matters that involve alleged violations of the federal False Claims Act and state consumer fraud and deceptive practices statutes, and has testified as an expert witness on federal criminal investigations and on the Anti-Kickback statute. He also has significant experience conducting a variety of internal investigations concerning accounting fraud and irregularities, earnings management, option backdating, commercial bribery, and personnel misfeasance.
David is consistently recognized by prominent legal publications including Chambers USA, Chambers Global, and The Legal 500 US, in which he has been described by clients as a “terrific enforcement lawyer” and lauded as “an amazing lawyer” who is “very good at seeing the big picture.” He is highly 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 concerning the bank’s global dollar clearing services and Bank Secrecy Act compliance.
David served as the US Attorney for the Southern District of New York from 2003 to 2005, and prior to that, as Deputy US 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 OFAC, as well as white collar crime, securities fraud, terrorism, and national security issues. David 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.
David was appointed by the New York City Police Commissioner to Chair the 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. As chief of the organized crime and terrorism unit from 1995 to 2002, David led the investigations of the 2000 Millennium bombing plots, the 2000 attack of the USS Cole in Yemen, the 1997 bombings of the US embassies in Kenya and Tanzania, and prosecuted Ramzi Yousef for his role in the 1993 bombing of the World Trade Center.
David has served as an adjunct professor at New York Law School and has also taught trial advocacy clinics at Harvard and Hofstra Law Schools.
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; obtained settlement on behalf of a medical device manufacturer with the New York Attorney General.
- One of the largest skilled nursing facilities in the New York Metropolitan area in an internal investigation and successful representation 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.
- A network of skilled nursing, rehabilitation, and senior care services with over 50 facilities in five states in connection with an internal investigation and 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.
- A service provider of mental health services to senior residents of skilled nursing facilities throughout New Jersey, New York, and Pennsylvania in an internal investigation, compliance review, and investigation into potential violations of the False Claims Act and Anti-kickback statute by HHS OIG and DOJ.
- 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.
- 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.
- 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.
- 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.
- 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
- Former Director of the FBI, James Comey, before various Congressional bodies and in the successful defense of civil action.
Transportation
- 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
- A large municipality in connection with malware and ransomware issues.
Real Estate Development
- A multibillion dollar real estate investment hedge fund in connection with accounting and disclosure issues before DOJ and SEC.
Admissions
Bar Admissions
- New York
- Connecticut
Court Admissions
- United States Court of Appeals for the District of Columbia Circuit
Education
- New York Law School, J.D., 1986
- The College of William & Mary, A.B., 1981
Honors & Awards
- Named one of the “500 Leading Lawyers in America” by Lawdragon (2018-2024)
- Ranked by Chambers USA for Litigation: White-Collar Crime & Government Investigations (2009-2023) and in FCPA (2014-2023)
- Ranked by Chambers Global for FCPA – USA (2015-2023)
- Recognized by The Legal 500 US for Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates (2023)
- Named a Client Service All Star by BTI Consulting Group (2022)
- Recognized by The Best Lawyers in America for Commercial Litigation and Criminal Defense: White-Collar (2021)
Professional Activities
Author
- 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)
Speaking Engagements
- “Risk, Regulation and Reputation,” The Economist General Counsel Summit US, New York, NY (September 15, 2022)
- ACI FCPA Conference 2021, Washington, DC (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, DC (October 13, 2016)
- Corporate Enforcement Forum, Boca Raton, FL (May 31, 2013)
Clerkship
- Honorable T.F. Gilroy Daly, United States District Court for the District of Connecticut