U.S. District Court for the District of Massachusetts
U.S. Court of Appeals for the First Circuit
U.S. Supreme Court
Mr. Kelly is experienced in handling complex civil litigation, government investigations and white-collar criminal defense. Mr. Kelly has tried numerous jury and nonjury cases, civil and criminal, in federal and state courts. He also has successfully handled appeals in both jurisdictions.
Mr. Kelly has spent his private practice career representing companies and individuals in a broad range of commercial and criminal cases. This experience in both civil litigation and criminal matters well qualifies him to represent clients in parallel proceedings, civil, criminal and administrative, including related government agency and grand jury investigations. The risks and strategies associated with each type of proceeding often are competing, and he brings to the table many years of judgment carving the best strategy for the client in such parallel proceedings.
Mr. Kelly’s areas of expertise in civil litigation include aviation tort, commercial and business litigation, complex bankruptcy adversary proceedings, directors’ and officers’ liability, and securities and tax litigation. His areas of expertise in criminal defense include antitrust, bank, securities and tax fraud, health care fraud including pharmaceutical and medical device cases, RICO, and international fraud and technology transfer cases.
Representative engagements and successes include the following:
- Represented railroad company in the first Massachusetts CERCLA statute MGL c. 21E release of hazardous materials criminal case tried to jury in Massachusetts, leading to multiple and substantial appeals shaping the environmental law in the state CERCLA field. 80 Mass. App. Ct. 22 (2011).
- Obtained acquittal of client in multidefendant mortgage fraud jury trial in U.S. Dist. Ct. (D. NH).
- Represented individual in multimillion-dollar commercial bribery/right to intangible services/tax fraud prosecution, obtaining substantial below guidelines sentence in U.S. Dist Ct. (D. Mass.).
- Successfully represented Kevin Weeks for six years in RICO case in U.S. Dist. Ct. (D. Mass), obtaining favorable plea bargain and sentence, part of nationally covered Whitey Bulger case.
- Special litigation counsel to Ch. 7 Trustee of Bank of New England Corp. for 12 years, successfully handling multiple million-dollar D&O claims, and member of trial team in jury trial of multimillion dollar Trustee claims v. auditors.
- Litigated estate tax case issue of first impression about refund statute of limitations and lookback doctrine through federal courts, including U.S. Court of Appeals and petition for writ of certiorari to U.S. Supreme Court (not granted).
- Obtained no indictment of target in multimillion-dollar reinsurance fraud grand jury investigation in U.S. Dist. Ct (N.D. Ga).
- Obtained dismissal of multi-district residential mortgage backed securities litigation against former officers of Countywide Financial Corp. and subsidiaries in U.S. Dist. Ct. (CD Calif).
- Successfully represented executives and employees in various government agency and grand jury anti-kickback and fraud investigations targeting pharma companies, medical device companies, insurance companies and other health care industry-related companies, as well as companies in securities, defense contracting and other industries.
- Successfully resolved post acquisition claims litigation for stock exchange listed company in telecommunications technology industry.
- Successfully represented engineering testing company and individual in Massachusetts “Big Dig” Expressway construction fraud investigations, state and federal.
- Won dismissal of one action and change of venue to foreign court of another litigation between developers/managing directors and private equity limited partners and investors in energy facility projects.
- Represented national nutrition company in false advertising consumer class action litigation addressing issues of first impression under Mass. Consumer Protection Act.
- Obtained declination of prosecution of high profile clients in grand jury investigation into offshore multimillion-dollar Swiss bank accounts for federal income tax fraud and FBAR violations.
- Successfully defended psychiatrist in matter before the Massachusetts Board of Medicine.
- Obtained unique $1.5 million affirmative injunction and payment for client partner against commercial real estate developer and companies, abruptly ending litigation pre-discovery.
- Successfully defended target wholesale software equipment distributor company and CEO in federal grand jury investigation into illegal trafficking in counterfeit goods.
- Successfully defended target company and individuals in federal and state government investigations into violations of Computer Fraud and Abuse Act.
In the 1980s, Mr. Kelly was Assistant United States Attorney in the Major Frauds Unit of the Criminal Division, United States Attorney's Office (Boston). In this position he successfully prosecuted and tried international high-technology transfer crimes and RICO, bank, securities and tax fraud cases, handling all appeals in the cases.
- American Bar Association, Criminal Justice Section: White Collar Crime
- Boston Bar Association
- Boston Bar Association’s Litigation and International Law Sections (former member of Standing Committee)
- Boston Bar Association's International Arbitration Committee (former chairman)
- Francis Ouimet Scholarship Fund, Inc., Director and Secretary, General Counsel and Executive Committee member
- Thomas J. Drinan Memorial Fellowship Committee, member
- Williams College Alumni Executive Committee, former member
- Mr. Kelly served a six-year term as chairman of the Police Review and Advisory Board in Cambridge, Massachusetts.
- Mr. Kelly served several years on the Criminal Justice Act Panel for the United States District Court (D.Mass.).
- Mr. Kelly is functional in German and French.
- Mr. Kelly also recently enjoyed coaching his daughter’s 11-12 year olds soccer team to first place in their state league section.
- J.D., Columbia Law School
- B.A., Williams College
- Mr. Kelly is a Fellow in the American College of Trial Lawyers.
- Mr. Kelly has been Peer Review Rated as AV® Preeminent, the highest performance rating in Martindale-Hubbell's peer review rating system.
- Mr. Kelly was selected by his peers for inclusion in The Best Lawyers in America® (2007-2016) in the field(s) of Commercial Litigation, and Criminal Defense - White Collar. Best Lawyers® is based on an exhaustive peer-review survey in which more than 52,000 leading attorneys throughout the country cast almost 5.5 million votes on the legal abilities of other lawyers in their practice areas. Inclusion in Best Lawyers® is considered a singular honor.
- Selected to the Massachusetts Super Lawyers list (2004-2014).
Recent Articles and Publications:
Recent Changes to the IRS Offshore Voluntary Disclosure Programs
Tax Update, July 2014
IRS Audits: Understanding Criminal Rights and Risks
Focus Newsletter, Spring 2013
Enforcement of U.S. Export Control Laws
Producing and Exporting Technology, MCLE, 2005
The Economic Espionage Act of 1996
New England Law School Journal, 2000
MCLE Program - "Producing and Exporting Technology: Understanding Exports of Technology, Knowledge, Products and Services", 2.15.2005
Topic: Enforcement Actions by Export Control Authorities
ICC International Court of Arbitration Conference on International Dispute Resolution, 9.19.2004
Location: Cape Cod
Topic: Multi-Party Arbitration