Practice:

• Chairman, White Collar Criminal Defense
• Business Litigation
• Private Client
• Probate & Trust Litigation

Bar Admissions:

Massachusetts
U.S. District Court for the District of Massachusetts
U.S. Court of Appeals for the First Circuit

Experience:

Mr. Kelly has over thirty years' experience in complex civil litigation 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.

His areas of expertise in civil litigation include aviation, commercial and business litigation, complex bankruptcy litigation, directors' and officers' liability, intellectual property and securities and tax litigation. His clients have included the Chapter 7 trustee of the Bank of New England Corporation in federal civil litigations arising out of the biggest bank failure in New England, American Airlines and subsidiaries in aviation tort litigations, Charles Schwab & Co. in customer suits and SEC enforcement matters, and the Boston Celtics, its players and staff. Recently, he successfully represented twenty former nursing home owner/management companies and directors and officers in a substantial bankruptcy adversary proceeding and represented Nextel Communications in a patent infringement case. In 2005 he co-tried one of the first deepening insolvency cases in federal district court against BNEC's auditors.

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, and parallel civil/administrative and criminal proceedings. He represents companies and individuals in federal and state grand jury investigations and prosecutions.

In the 1980's, he was Assistant United States Attorney in the Major Frauds Unit of the Criminal Division, United States Attorney's Office (Boston, MA). In this position he successfully prosecuted and tried international high-technology transfer crimes and RICO, bank, securities and tax fraud cases.

Mr. Kelly has handled securities and other arbitrations as advocate and arbitrator.

He has lectured at Massachusetts Continuing Legal Education, Inc., and has served as a Trial Advisor for many years in the Harvard Trial Advocacy Workshop. He has authored: "Enforcement of U.S. Export Control Laws," Producing and Exporting Technology, MCLE (2005); New England Law School Journal article on "The Economic Espionage Act of 1996" (2000); "Confronting A Government Investigation," Winning Before Indictment, MCLE (1996).

Memberships:

• American Bar Association, Litigation Section and Criminal Justice Section, White Collar Crime Committee
• Massachusetts Bar Association
• Boston Bar Association (BBA), former member of Standing Committees of the BBA's Litigation and the International Law Sections and former chairman of its International Arbitration Committee
• Columbia Law School Boston Alumni Association, Steering Committee
• Francis Ouimet Scholarship Fund, Inc., Secretary, General Counsel and Executive Committee member
• Thomas J. Drinan Memorial Fellowship Committee, member
• Williams College Alumni Executive Committee, former member

Additional Information:

• 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

Education:

• J.D., Columbia Law School, 1972
• B.A., Williams College, 1968

Awards:

• Mr. Kelly has been selected by Best Lawyers in America® (2007-2010) as a leader in his field, Commercial Litigation Law. Best Lawyers® is based on an exhaustive peer-review survey in which 16,000 leading attorneys throughout the country cast more than half a million votes on the legal abilities of other lawyers in their specialties. Inclusion is considered a singular honor.
• Massachusetts Super Lawyer in 2009, 2008, 2007, 2006, 2005 and 2004. The selection of attorneys is based on a poll and internal research done by Law & Politics Magazine and reviewed by an independent blue ribbon panel of their peers. Listed attorneys and finalists consist of the top 5% of attorneys in Massachusetts. The listing appeared in the November issue of Boston Magazine and in New England Super Lawyers Magazine.

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