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Introduction
Brian Kelly defends corporations and executives in federal and state investigations of all sorts including SEC inquiries, insider trading charges, healthcare fraud cases, False Claims Act (FCA) allegations, internal corporate investigations, white-collar criminal defense, and NCAA compliance matters. He has tried dozens of federal cases including, most notably, the James “Whitey” Bulger case to a successful conclusion. He also recently defended a parent in a month-long federal trial arising from the Varsity Blues investigation.
My focus
With 30+ years of experience in government investigations and white-collar defense, Brian is a nationally recognized former federal prosecutor and high-profile trial attorney. His seasoned judgment and strategic counsel comes from years of experience in the U.S. Attorney’s Office in both Boston and San Diego.
As a federal prosecutor, Brian handled some of the most sensitive and complex government trials and investigations including economic crimes, RICO charges, healthcare fraud and abuse, public corruption, bank fraud, money laundering, mail and wire fraud, labor racketeering, union corruption, and Foreign Corrupt Practices Act (FCPA) violations. He also achieved successful results in running major federal investigations in well-known, high-profile cases involving official misconduct, embezzlement, obstruction of justice, perjury, extortion, and homicide.
Brian’s background and extensive trial experience gives him a unique perspective and allows him to protect his clients’ interests by proactively identifying risks and providing an objective assessment of the severity of possible violations, as well as the likely response from government investigators and prosecutors. He helps clients develop and implement strategies to mitigate their exposure and damages to their reputations and businesses.
Looking ahead
The federal government is more aggressive today than ever before, and this trend will continue as a growing number of white-collar crime and corporate misconduct investigations are being pursued by the DOJ and the SEC.
Insights
- “Complex Multi-Defendant Litigation,” Boston Bar Association 2020 White-Collar Crime Conference, Boston, MA, January 15, 2020
- “Government Investigations,” Risk Management Summit, Las Vegas, Nevada, October 16, 2017
- “United States v. Whitey Bulger: The True Whys and Hows,” Duke Law Program in Public Law, October 21, 2015
- “Public Corruption and Government Fraud Prosecutions Panel,” Boston Bar Association, Boston, MA, April 3, 2014
- “Policing and Politics led by Ed Davis,” Harvard University, John F. Kennedy School of Government, Institute of Politics, Cambridge, MA, March 26, 2014
- “Handling High Profile Criminal Cases,” Suffolk University Law School, Center for Advanced Legal Studies, Boston, MA, March 20, 2014
Representative experience
- Obtained summary judgment for an investment banker in Rhode Island Federal Court against the SEC’s allegations of securities fraud; at issue was a $75M bond offering by the state of Rhode Island to finance a video game company, 38 Studios LLC, which was owned by former Red Sox pitcher Curt Schilling
- Successfully represented a Fortune 100 technology company in an internal investigation into alleged FCPA violations
- Representing the City of Boston and former Mayors on multiple litigation matters
- Successfully defended a financial company in an SEC probe which was closed with no finding of any wrongdoing
- Representing the founder and former CEO of a prescription opioid manufacturer on federal and state litigation matters
- Advising DraftKings with respect to responding to various regulatory inquiries and assisting in various litigation matters across the country
- Successfully defended a national hospice company in a DOJ probe of a qui tam action
- Successfully represented a law firm in a government inquiry regarding allegations of campaign finance fraud
- Successfully resolved multiple NCAA compliance and corruption investigations
- Represented a Fortune 500 company in a federal financial investigation which was closed with no finding of wrongdoing by the company
- Successfully represented the Massachusetts Port Authority in the resolution of a lawsuit regarding the installation of an electric transmission cable in the Boston Harbor
- Defending a national hospice company in an ongoing DOJ probe of alleged fraud
- Involved in the efforts to recover $500M worth of artwork stolen from the Isabella Stewart Gardner Museum in 1990
- Handled charges of financial fraud involving Boston’s Big Dig project, a massive, years-long highway construction project
- Successfully argued multiple appeals in federal and state courts
Admitted to practice
California
Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court
Education
Dartmouth College, B.A., magna cum laude
University of Pennsylvania Law School, J.D.
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Criminal Defense: General Practice and Criminal Defense: White-Collar; listed in Best Lawyers since 2020
- Recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2022; listed in previous years for Litigation: White-Collar Crime & Government Investigations (Massachusetts)
- Recognized in Boston Magazine Top Lawyers, Criminal Defense-White Collar 2022
- Named to the 2022 Irish Legal 100
- Recognized as a “Litigation Star” in the 2020 edition of Benchmark Litigation
- Recipient of the 2004 Exceptional Service Award—the Department of Justice’s highest award received in Washington, DC, from the United States Attorney General
In the News
- Law360
Boston pans ex-top cop’s ‘hyperbole’ in defamation document spat
March 14, 2023This article covers arguments from the city of Boston and former acting mayor Kim Janey that former police commissioner Dennis White cannot have a court review hundreds of documents as part of his defamation suit because his request is backed by a misplaced hyperbolic claim that he is being denied discovery. The article mentions Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard, for representing the city and former acting mayor in the case.
- Boston Herald |
MassGOP, facing $600,000 in debts, hires ex-prosecutor
Feb 22, 2023This article covers the Massachusetts Republican Party’s hiring of Boston Government Investigations & White-Collar Defense partner Brian Kelly as outside counsel to assist with several ongoing legal issues related to more than $600,000 in unpaid bills. The article notes Brian’s experience as a former prosecutor, including his successful prosecution of James “Whitey” Bulger.
- Courthouse News Service
Touchdown in reach for ‘Varsity Blues’ parents at First Circuit
Nov 7, 2022The following article covers Monday’s hearing before the U.S. Court of Appeals for the First Circuit, where Boston Government Investigations & White-Collar Defense partner Josh Sharp argued on behalf of one of two parents appealing their convictions in the college admissions case. The articles quote Josh, who represents the parent together with Boston GIWC partner Brian Kelly and associate Lauren Maynard.
- Boston Globe
Two parents urge appeals court to overturn convictions in ‘Varsity Blues’ college admissions scandal
Nov 7, 2022The following article covers Monday’s hearing before the U.S. Court of Appeals for the First Circuit, where Boston Government Investigations & White-Collar Defense partner Josh Sharp argued on behalf of one of two parents appealing their convictions in the college admissions case. The articles quote Josh, who represents the parent together with Boston GIWC partner Brian Kelly and associate Lauren Maynard.
- Law360
‘Varsity Blues’ convictions on shaky ground, First Circuit hints
Nov 7, 2022The following article covers Monday’s hearing before the U.S. Court of Appeals for the First Circuit, where Boston Government Investigations & White-Collar Defense partner Josh Sharp argued on behalf of one of two parents appealing their convictions in the college admissions case. The articles quote Josh, who represents the parent together with Boston GIWC partner Brian Kelly and associate Lauren Maynard.
- Reuters
First ‘Varsity Blues’ college scandal trial convictions tested on appeal
Nov 7, 2022The following article covers Monday’s hearing before the U.S. Court of Appeals for the First Circuit, where Boston Government Investigations & White-Collar Defense partner Josh Sharp argued on behalf of one of two parents appealing their convictions in the college admissions case. The articles quote Josh, who represents the parent together with Boston GIWC partner Brian Kelly and associate Lauren Maynard.
- Fox News
James ‘Whitey’ Bulger killing: Son of Boston mobster’s accused hitman seeking answers for delay in charges
Sep 2, 2022Brian Kelly, who prosecuted James “Whitey” Bulger, is quoted extensively in this article looking at why Bulger’s alleged murderers were not charged until years later. Brian comments on Bulger’s prosecution, his placement in a federal prison housing other Boston-based criminals, and what could have led to the delay in charges.
- Boston Herald
Trump ‘special master’ demand not unprecedented, but maybe not applicable
Aug 23, 2022Boston Government Investigations & White-Collar Defense partner Brian Kelly is quoted in this article on whether there’s precedent for former President Trump’s request that a special master be appointed to oversee the review of evidence gathered at his Florida home. Brian explains how a special master is selected, noting that doing so can show neutrality.
- Boston Herald
Judge tosses 11 of 14 counts in Dennis White suit against Boston, Kim Janey
This article covers a federal judge’s dismissal of the vast majority of claims in the lawsuit filed by former Boston Police Commissioner Dennis White against the city and former acting mayor Kim Janey. The article quotes Boston Government Investigations & White Collar Defense partner Brian Kelly, who is representing the city and former acting mayor. The NP team also includes Boston partner Josh Sharp and associate Lauren Maynard, both of the GIWC group.July 13, 2022 - Bloomberg Law
Varsity Blues dads can remain free while appealing convictions
The following article covers a federal judge granting bail to a parent while he appeals his conviction in the college admissions case, and quote Boston Government Investigations & White-Collar Defense partner Brian Kelly. In addition to Brian, the parent’s defense team includes Boston GIWC partner Josh Sharp and associate Lauren Maynard.May 19, 2022 - Law360
Varsity Blues feds relent on bail amid First Circuit appeal
This article covers a decision by federal prosecutors to no longer oppose bail for a parent appealing his conviction in the college admissions case. The article quotes a letter that Boston Government Investigations & White-Collar Defense partner Brian Kelly sent to Assistant U.S. Attorney Stephen Frank, and it also mentions Boston GIWC partner Josh Sharp and associate Lauren Maynard for representing the parent.May 11, 2022 - Law360
Flawed "Varsity Blues" theory skewed trial, First Circuit told
The following articles cover an appeal by a parent in the college admissions case to have his conviction overturned by the First Circuit. The coverage mentions Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard for representing the parent.April 25, 2022 - The New York Times
Two parents appeal their convictions in Varsity Blues scandal
The following article coversan appeal by a parent in the college admissions case to have his conviction overturned by the First Circuit. The coverage mentions Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard for representing the parent.April 25, 2022 - The Boston Globe
Federal prosecutors seek to dismiss charges against MIT professor accused of concealing ties with China
The following article covers the federal government’s motion to dismiss charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partner Rob Fisher, and the team defending Dr. Chen also includes Boston GIWC partner Brian Kelly and associates Scott Seitz and Brianna Nassif. In addition, GIWC associates Tom Barnico of Boston and Bobby McManigal of Washington, DC, Chicago Complex Commercial Disputes associate Henry Caldwell, and Boston GIWC paralegal Joelle MarkAnthony have done critical work on this matter.Jan 20, 2022 - South China Morning Post
US to end case against Gang Chen, MIT scientist accused of hiding ties to China
The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.Jan 15, 2022 - Reuters
U.S. prosecutors recommend dropping China charges against MIT professor: source
The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.Jan 14, 2022 - The Washington Post
In high-profile case against MIT's Gang Chen, prosecutors seeking to drop charges
The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.Jan 14, 2022 - The Wall Street Journal
Prosecutors recommend dropping case over china ties against MIT scientist
The following article covers reports that federal prosecutors have recommended dropping criminal charges against MIT professor and NP client Gang Chen related to his China ties. The stories quote Boston Government Investigations & White-Collar Defense partners Brian Kelly and Rob Fisher, and the team defending Mr. Chen also includes Boston GIWC associates Scott Seitz and Brianna Nassif.Jan 14, 2022 - Massachusetts Lawyers Weekly
Pair of recent victories hearten counsel for MassHealth providers
Boston Government Investigations & White-Collar Defense partner Josh Sharp is quoted extensively in this article covering the potential implications of two recent court decisions involving providers and payments in Massachusetts’ MassHealth Medicaid program. Josh, Boston GIWC partner Brian Kelly, and associate Lauren Maynard successfully represented Suburban Home Health Care in one of these notable cases, which established a statute of limitations for MassHealth’s pursuit of overpayments.Dec 29, 2021 - Law360
Feds rest Varsity Blues case as focus shifts to defense
This article, covering a range of items as the prosecution rested their case in the first college admissions trial, quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly from his questioning of a government auditor. In addition to Brian, the article mentions Boston Government Investigations & White-Collar Defense partner Josh Sharp and associate Lauren Maynard for representing one of two parents on trial.Sep 29, 2021 - Law360
Jury hears USC coach never heard of Varsity Blues recruit
This article on the college admissions trial quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly from questioning of a former University of Southern California women’s basketball coach. Of note from the questioning, Brian asked the coach whether Larry Bird or Magic Johnson was the better player in her opinion. In addition to Brian, the article mentions Boston Government Investigations & White-Collar Defense partner Josh Sharp and associate Lauren Maynard for representing one of two parents on trial.Sep 24, 2021 - Law360
'Varsity Blues' kids' choice of sport didn't matter jury hears
This article, covering the latest developments in the college admissions trial, quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly from cross-examination of an FBI special agent. In addition to Brian, the article mentions Boston Government Investigations & White-Collar Defense partner Josh Sharp and associate Lauren Maynard for representing one of two parents on trial.Sep 23, 2021 - Law360
Varsity Blues jury hears BigLaw attorneys deal with mastermind
The following article highlights Tuesday’s media coverage of the college admissions trial, in which Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard are defending one of two parents on trial. The articles quote Brian from the first full day of testimony. Additional coverage available upon request.Sep 14, 2021 - The American Lawyer
Defense attorneys say Varsity Blues parents were victims of a fraudster
The following articles highlight media coverage from Monday’s start of the first college admissions trial, in which Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard are defending one of two parents on trial. The articles quote Brian from opening statements. Additional coverage available upon request.Sep 13, 2021 - The New York Times
Parents were duped, their lawyers say in start of college admissions trial
The following article highlights media coverage from Monday’s start of the first college admissions trial, in which Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard are defending one of two parents on trial. The articles quote Brian from opening statements. Additional coverage available upon request.Sep 13, 2021 - The Boston Globe
First trial in Varsity Blues scandal begins
The following article highlights media coverage from Monday’s start of the first college admissions trial, in which Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard are defending one of two parents on trial. The articles quote Brian from opening statements. Additional coverage available upon request.Sep 13, 2021 - The Wall Street Journal
Varsity Blues college-admissions trial opens with competing claims about parents intent
The following article highlights media coverage from Monday’s start of the first college admissions trial, in which Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard are defending one of two parents on trial. The articles quote Brian from opening statements. Additional coverage available upon request.Sep 13, 2021 - Massachusetts Lawyers Weekly
MassHealth recoupment action deemed untimely
This article covers a significant litigation win on behalf of home health care agency Suburban Home Health Care, a decision that will have wide-ranging implications for health care providers doing business in Massachusetts. Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard represented Suburban Home Health Care in the case.Sep 13, 2021 - Boston Business Journal
SJC rules MassHealth can't collect on decade-old overcharges
This article covers a significant litigation win on behalf of home health care agency Suburban Home Health Care, a decision that will have wide-ranging implications for health care providers doing business in Massachusetts. The article quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly, while the NP team also included Boston partner Josh Sharp and associate Lauren Maynard, both of the Government Investigations & White-Collar Defense practice.Sep 8, 2021 - National Law Journal
Who's representing ‘Varsity Blues’ parents in the first admissions scandal trial?
The following article covers the latest developments leading up to the first college admissions trial and profile the NP team defending one of two parents set for trial: Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp, and associate Lauren Maynard. Of note, the NLJ article provides background on the three attorneys, including a recent win for Suburban Home Health Care, which will effectively set a limit by which MassHealth can seek to recoup alleged overpayments from providers across the state.Sep 7, 2021 - Law360
Meet the key players in the first Varsity Blues trial
This article highlighting key people involved in next month’s college admissions trial mentions Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard for representing one of the parents scheduled for trial, and provides background on some of the team’s notable cases.Aug 30, 2021 - Law360
Boston taps Nixon Peabody to defend suit by fired top cop
This article highlights the hiring of Government Investigations & White-Collar Defense partner Brian Kelly, Complex Commercial Disputes partner and Boston office co-managing partner Kathleen Ceglarski Burns, and Government Investigations & White-Collar Defense associate Lauren Maynard—all of the Boston office—to defend the City of Boston and acting Mayor Kim Janey in a defamation and civil rights lawsuit filed by the recently fired police commissioner.July 6, 2021 - Law360
First Varsity Blues trial to premiere in Boston in September
Boston Government Investigations & White-Collar Defense partner Brian Kelly is quoted in this article on the college admissions case, after a federal judge on Tuesday affirmed the September trial date for five of the eight parents who are still fighting charges. Along with Brian, the story mentions Boston Government Investigations & White-Collar Defense partner Josh Sharp and associate Lauren Maynard for representing one of the defendants scheduled for trial in September.June 15, 2021 - Law360
Racetrack loses bid in 1st Circuit to revive Wynn RICO suit
This article covers an appellate win in the Wynn/Suffolk Downs casino case, where the First Circuit decided not to revive Sterling Suffolk Racecourse’s lawsuit that claims it was injured when Wynn Resorts Ltd. was awarded the casino license for Everett, Massachusetts. The article mentions Boston Government Investigations & White-Collar Defense partners Brian Kelly and Joshua Sharp for representing former Wynn Resorts CEO Stephen Wynn, and quotes Brian on the decision.March 3, 2021 - Bloomberg Law
As Boston Mayor, Biden Pick for Labor Secretary Dodged Scandals
This article about Boston Mayor Marty Walsh’s nomination as Biden’s Labor Secretary looks at controversies and scandals during his time in office. The story mentions Boston Government Investigations & White Collar Defense partner Brian Kelly and an audit of the Zoning Board of Appeals he led in 2019, commissioned by Mayor Walsh.Jan 29, 2021 - USA Today
Did Trump break the law? President's call to Georgia's Raffensperger spurs demand for criminal investigation
This article quotes Boston Government Investigations & White Collar Defense partner Brian Kelly, former head of the public corruption unit of the U.S. attorney’s office in Boston, on whether the Biden Justice Department will—or should—pursue a criminal investigation based on President Trump’s recent call to the Georgia Secretary of State to overturn his election defeat in that state.Jan 4, 2021 - Boston Globe
Following bribery scandal, Walsh revamps zoning board policies
This story highlights Boston Government Investigations and White-Collar Defense partner Brian Kelly, who completed an internal review of Boston Zoning Board of Appeal practices in the wake of a bribery scandal that implicated a top City Hall aide.Feb 24, 2020 - Boston Business Journal
Here's what crushed it, and what got crushed, in 2019
This roundup of successes and challenges that made local Boston headlines in 2019 highlights the college admissions case, and notes Boston Government Investigations and White Collar Defense partner Brian Kelly as one of the high-profile attorneys working on the case.Dec 19, 2019 - WGBH
Dzhokhar Tsarnaev’s Attorneys Argue Boston Bomber’s Trial Was Unfair, Appeal Death Sentence
In this broadcast segment, Boston Government Investigations and White Collar Defense partner Brian Kelly discusses the request from convicted Boston Marathon bomber Dzhokhar Tsarnaev’s attorneys to throw out his conviction.Dec 12, 2019 - American Lawyer “Litigation Daily”
How Nixon Peabody’s Brian Kelly Crushed the SEC
Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable District Court decision for NP’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios.June 13, 2019
Insights And Happenings
View AllProfessionals in the Practice Area
View AllRobert Fisher
Partner / Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:617.345.1335
- rfisher@nixonpeabody.com
-
Hannah Bornstein
Partner / Deputy Practice Group Leader, Government Investigations & White Collar Defense- Boston
- Office:617.345.1217
- hbornstein@nixonpeabody.com
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