Dennis J. Kelly

Partner

Boston, MA
D: 617.345.3436
Overview
Bar Admissions

Massachusetts

U.S. District Court for the District of Massachusetts

U.S. Court of Appeals for the First Circuit

U.S. Supreme Court

Education

J.D., Columbia Law School

B.A., Williams College

Dennis 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.

Dennis is a Partner and member of White Collar Criminal Defense, Business Litigation & Dispute Resolution, Securities Litigation, Tax Controversy & Litigation and Privacy & Data Security practices.  He is experienced in handling complex civil litigation, government investigations and white-collar criminal defense. Dennis has tried numerous jury and nonjury cases, civil and criminal, in federal and state courts. He also has successfully handled appeals in both jurisdictions.

Dennis'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.

In the 1980s, Dennis 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.

Experience

Experience

  • 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 multi-defendant 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.

Honors & Awards

Honors & Awards

The Best Lawyers in America©  - Commercial Litigation & Criminal Defense: White Collar (2007-2019)

Massachusetts Super Lawyers (2004-2015, 2017)

AV® Preeminent Rating by Martindale-Hubbell

Fellow, American College of Trial Lawyers

Dick Connolly Service Award - Ouimet Fund

Community Involvement

Community Involvement

Francis Ouimet Scholarship Fund

  • Director
  • Secretary
  • General Counsel
  • Executive Committee Member

Cambridge Policy Review & Advisory Board

  • Past Chairman

U.S. District Court for the District of Massachusetts

  • Criminal Justice Act Panel, Former Member

Thomas J. Drinan Memorial Fellowship Committee

  • Member

Harvard Trial Advocacy Workshop

  • Trial Advisor

Williams College Alumni Executive Committee

  • Former Member

Memberships

American Bar Association

  • Criminal Justice/White Collar Crime Section

Boston Bar Association

  • Litigation and International Law Sections - Past Standing Committee Member
  • International Arbitration Committee - Past Chairman

Articles & Publications

Articles & Publications

Dennis has authored and been quoted in numerous publications including Bloomberg.com. He has also been interviewed and spoken on various topics regarding white collar crime.

Resources
Dennis J. Kelly
Practices
  • Business Litigation & Dispute Resolution
  • Government Investigations & White Collar Crime
  • Securities Law & Litigation
  • Privacy & Data Security
Education

J.D., Columbia Law School

B.A., Williams College

Admissions

Massachusetts

U.S. District Court for the District of Massachusetts

U.S. Court of Appeals for the First Circuit

U.S. Supreme Court

Connect
vCard

Email Confirmation

Thank you for your interest in Burns & Levinson LLP. Please be aware that unsolicited e-mails and information sent to Burns & Levinson though our web site will not be considered confidential, may not receive a response, and do not create an attorney-client relationship with Burns & Levinson. If you are not already a client of Burns & Levinson, do not include anything confidential or secret in this e-mail. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not authorized to do so.

By clicking "OK" you acknowledge that, unless you are a current client, Burns & Levinson does not have any obligation to maintain the confidentiality of any information you send us.