With 25+ years of experience in government investigations and white-collar defense, Brian Kelly is a nationally recognized former federal prosecutor and high-profile trial attorney. Brian has tried numerous federal cases including, most notably, U.S. v. James “Whitey” Bulger. His seasoned judgment and strategic counsel comes from decades of experience in the U.S. Attorney’s Office in both Boston and San Diego.
Brian defends corporations and executives in federal and state investigations of all sorts including health care fraud cases, False Claims Act (FCA) allegations, SEC inquiries, internal corporate investigations, insider trading charges, white-collar criminal defense, and NCAA compliance matters.
My current practice focuses on complex criminal and civil matters involving government investigations, insider trading, white-collar criminal defense, and regulatory compliance on behalf of public and private clients.
I work extensively in health care and life sciences representing pharmaceutical and medical device companies and executives with issues involving allegations of health care fraud and False Claims Act violations. I also represent individuals facing SEC and DOJ probes. I recently obtained summary judgment in federal court against the SEC in favor of a client accused of securities fraud. The court’s ruling unequivocally vindicated my client.
As a federal prosecutor, I handled some of the most sensitive and complex government trials and investigations including RICO, health care fraud and abuse, public corruption, bank fraud, money laundering, mail and wire fraud, labor racketeering, union corruption, and Foreign Corrupt Practices Act (FCPA) violations. I also achieved successful results in running major investigations in well-known, high-profile cases involving official misconduct, embezzlement, obstruction of justice, perjury, extortion, and homicide.
My background gives me a unique perspective and allows me to protect my 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. I help my clients develop and implement strategies to mitigate their exposure and damages to their reputations and businesses.
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.
Law360 | August 02, 2021
This article covers a request by parents in the college admissions case to exclude evidence at trial about their wealth, income, spending, or lifestyles, with the motion stating such evidence could unfairly prejudice the jury. The story mentions Boston Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard for representing one of the parents who filed the motion.
Law360 | July 28, 2021
This article covers a motion by four parents in the college admissions case to grant immunity to key witnesses or otherwise dismiss the case. The story mentions Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard, all of the Boston office, for representing one of the parents who filed the motion.
Law360 | July 15, 2021
This article covers a judge’s ruling that will keep two trials in the college admissions case, denying a request from prosecutors to combine the trials. The story mentions Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard, all of the Boston office, for representing one of the remaining defendants.
Boston Herald | July 13, 2021
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.
Law360 | July 06, 2021
This article on whether there will be one or two trials in the college admissions case mentions Government Investigations & White-Collar Defense partners Brian Kelly and Josh Sharp and associate Lauren Maynard, all of the Boston office, for representing one of the remaining eight defendants.
Law360 | July 06, 2021
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.
Law360 | June 15, 2021
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.
The Boston Globe | June 08, 2021
In this article covering a growing overtime fraud scandal within the Boston Police Department, Boston Government Investigations & White-Collar Defense partner and former federal prosecutor Brian Kelly provides third-party perspective on why some officers may be implicated in the investigation but still avoid charges.
Los Angeles Times | May 02, 2021
Boston Government Investigations & White-Collar Defense partner Brian Kelly provides third-party commentary in this article covering indirect bribes in the U.S. Attorney’s corruption case targeting Los Angeles City Hall and former Deputy Mayor Raymond Chan, discussing challenges prosecutors could face in proving that such circuitous arrangements violated the law.
The Boston Globe | March 29, 2021
This article, covering Suffolk County District Attorney Rachael Rollins being cleared in an alleged road rage incident, quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly, a former assistant US attorney, on how being vindicated in this matter will strengthen Rollins’ candidacy as the next US attorney for the District of Massachusetts.
Law360 | March 03, 2021
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.
Law360 | February 04, 2021
This article covers a motion to sanction the Boston U.S. Attorney for making misleading statements to the press, in violation of local rules, in the case of an MIT professor facing fraud charges for not disclosing information from various entities in China when applying for a Department of Energy grant. The story mentions Boston partners Rob Fisher and Brian Kelly, and associates Brianna Nassif and Scott Seitz, all of the Government Investigations & White Collar Defense group, for representing the MIT professor.
Courthouse News Service | February 01, 2021
The following article covers oral arguments in the Wynn/Suffolk Downs casino case before the First Circuit. The stories quote Boston Government Investigations & White Collar Defense partner Joshua Sharp, and mention both Josh and Boston Government Investigations & White Collar Defense partner Brian Kelly for representing former Wynn Resorts CEO Stephen Wynn.
Law360 | February 01, 2021
The following article covers oral arguments in the Wynn/Suffolk Downs casino case before the First Circuit. The stories quote Boston Government Investigations & White Collar Defense partner Joshua Sharp, and mention both Josh and Boston Government Investigations & White Collar Defense partner Brian Kelly for representing former Wynn Resorts CEO Stephen Wynn.
Bloomberg Law | January 29, 2021
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.
Law360 | January 22, 2021
This article covers a letter signed by more than 100 MIT faculty members in support of MIT professor Gang Chen, who faces fraud charges for not disclosing information from various entities in China when applying for a U.S. Department of Energy grant. The letter calls the investigation of Prof. Chen “deeply flawed“ with &ldquomisleading“ assertions in the charges. The article mentions Boston Government Investigations & White-Collar Defense partners Rob Fisher and Brian Kelly, and associates Scott Seitz and Brianna Nassif for representing Prof. Chen.
USA Today | January 04, 2021
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.
Law360 | December 21, 2020
This article covers a judge’ s decision to delay the February college admissions trial until September 2021, following concerns raised by attorneys on both sides about health risks and logistical hurdles during the COVID-19 pandemic. The story quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly and mentions Brian, Boston Government Investigations & White-Collar Defense partner-elect Joshua Sharp, and associate Lauren Maynard for representing one of the defendants.
Law360 | November 08, 2020
Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article analyzing how the Department of Justice under a Biden administration could impact the federal court landscape in Boston.
Law360 | August 14, 2020
This article—covering a Boston racetrack’s attempt to reinstate a racketeering lawsuit that claims Wynn Resorts cheated it out of a casino license—quotes Boston Government Investigations & White-Collar Defense partner Brian Kelly. The story mentions Brian and Boston GIWC associate Josh Sharp for representing former Wynn Resorts chairman Stephen Wynn.
Law360 | August 12, 2020
This article covers an NP client who will avoid prison time, based on prosecutors’ sentencing memorandum, after admitting to participating in a securities fraud scheme. This article mentions Boston Government Investigations & White-Collar Defense partner Brian Kelly and associate Charles Dell’Anno for representing the client.
Law360 | August 12, 2020
This article covers an NP client who received an “unprecedented discount” from the judge for his cooperation, getting just one year of prison time after admitting to participating in a securities fraud scheme. The client, who also tipped off federal prosecutors to the sprawling college admissions case, is represented by Boston Government Investigations & White-Collar Defense partner Brian Kelly and associate Charles Dell’Anno.
Forbes | August 12, 2020
This article covers an NP client who received an “unprecedented discount” from the judge for his cooperation, getting just one year of prison time after admitting to participating in a securities fraud scheme. The client, who also tipped off federal prosecutors to the sprawling college admissions case, is represented by Boston Government Investigations & White-Collar Defense partner Brian Kelly and associate Charles Dell’Anno.
Wall Street Journal | August 12, 2020
This article covers an NP client who received an “unprecedented discount” from the judge for his cooperation, getting just one year of prison time after admitting to participating in a securities fraud scheme. The client, who also tipped off federal prosecutors to the sprawling college admissions case, is represented by Boston Government Investigations & White-Collar Defense partner Brian Kelly and associate Charles Dell’Anno.
Law360 | August 06, 2020
This article, covering a judge’s order to delay the first college admissions trial until February due to the coronavirus pandemic, mentions Boston Government Investigations and White-Collar Defense partner Brian Kelly and associates Lauren Maynard and Joshua Sharp for representing one of the defendants in the first trial.
Law360 | July 16, 2020
This article covers a request by prosecutors in the college admissions case to delay the first trial until late February due to COVID-19 challenges and safety concerns. Counsel for several defendants assented to the request, and the story mentions Boston Government Investigations and White-Collar Defense partner Brian Kelly and associates Joshua Sharp and Lauren Maynard for representing one of the defendants.
Law360 | May 29, 2020
This article detailing the latest developments in the college admissions case mentions Government Investigations & White Collar Defense partner Brian Kelly and associates Joshua Sharp and Lauren Maynard, all of Boston, as co-counsel to a defendant in the case.
Law360 | April 01, 2020
This article on the latest developments in the college admissions scandal highlights jurisdictional arguments from a brief written by Boston Government Investigations and White Collar Defense partner Brian Kelly and associates Josh Sharp and Lauren Maynard. The NP attorneys are co-counsel to defendant Gamal Abdelaziz.
Law360 | March 25, 2020
This story on the latest developments in the college admissions matter mentions Government Investigations and White Collar Defense partner Brian Kelly and associates Josh Sharp and Lauren Maynard for their representation of Gamal Abdelaziz.
Newsweek | February 29, 2020
Boston Government Investigations and White Collar Defense partner Brian Kelly provides third-party commentary in this article about investigations into scientists and researchers at universities across the country for alleged theft of intellectual property and U.S. secrets as part of a long-term Chinese campaign.
Law360 | February 28, 2020
This article quotes Boston Government Investigations & White Collar Defense partner Brian Kelly related to a motion asking prosecutors to turn over records of a phone call that could potentially clear his client’s name. The article notes both Brian and associate Joshua Sharp as counsel to Gamal Abdelaziz in the college admissions case.
Boston Business Journal | February 26, 2020
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.
Boston Globe | February 24, 2020
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.
The Boston Globe | February 24, 2020
This article on the latest developments in the Zoning Board of Appeals scandal mentions that Boston Government Investigations and White-Collar Defense partner Brian Kelly completed a review related to the scandal last fall.
Boston Herald | January 19, 2020
This article on the continuing fallout from the Zoning Board of Appeals scandal mentions Boston Government Investigations and White-Collar Defense partner Brian Kelly, who prepared a report on the scandal last fall.
Boston Business Journal | December 19, 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.
WGBH | December 12, 2019
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.
Law 360 | December 05, 2019
This article notes Boston Government Investigations and White Collar Defense partner Brian Kelly and associate Joshua Sharp for representing former casino executive Gamal Abdelaziz in a case related to the college admissions scandal.
Boston Business Journal | September 10, 2019
This article covers the City of Boston’s decision to hire Boston Government Investigations & White Collar Defense partner Brian Kelly to investigate unfolding bribery allegations involving the city’s Zoning Board of Appeals.
Boston Business Journal | September 07, 2019
This article covers the city of Boston’s hiring of Boston Government Investigations & White Collar Defense partner Brian Kelly to investigate a federal bribery case. The case relates to a Boston Planning and Development Agency staffer who pleaded guilty to accepting $50,000 in bribes to influence a Boston Zoning Board of Appeal vote to move a condo development project forward.
The Bond Buyer | July 13, 2019
This article features analysis from Boston Government Investigations and White Collar Defense partner Brian Kelly on a request from a “governmental entity” that has complicated an antitrust dispute between Preston Hollow Capital LLC and Nuveen Investments.
American Lawyer Litigation Daily | June 14, 2019
This article highlights a major win for Boston Government Investigations and White Collar Defense partner Brian Kelly on behalf of his client, Wells Fargo banker Peter Cannava, who was vindicated in a fraud suit brought by the SEC.
The Boston Globe | June 13, 2019
In the following coverage, 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.
American Lawyer “Litigation Daily” | June 13, 2019
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.
The Bond Buyer | June 12, 2019
In the following coverage, Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted regarding the favorable district court decision for Nixon Peabody’s client, a Wells Fargo banker cleared of charges related to his role in the bond transaction for 38 Studios. The team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.
The Providence Journal | June 12, 2019
In the following coverage, 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. The NP team on this matter also included partners Kathleen Ceglarski Burns, Stephen LaRose and Steven Richard, associate Charles Dell’Anno and paralegal Kanda Faye.
Boston Globe | April 27, 2019
Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted in this article about Massachusetts’ U.S. attorney Andrew Lelling’s decision to indict Judge Shelley Richmond, a sitting Massachusetts state court judge, on obstruction of justice and perjury charges related to helping an undocumented immigrant elude federal authorities.
Law360 | April 21, 2019
Boston Government Investigations and White Collar Defense partner Brian Kelly and associate Joshua Sharp are mentioned for their representation of Steve Wynn in this article that provides updates in an ongoing RICO suit in Massachusetts federal court.
Bond Buyer | April 01, 2019
Boston Government Investigations & White Collar Defense partner Brian Kelly and Providence Complex Commercial Disputes partner Steven Richard are quoted in this story on their representation of a Wells Fargo banker involved in Rhode Island’s bond placement with 38 Studios.
Boston Herald | March 03, 2019
This article discusses the applicability of the death penalty in federal cases in Massachusetts and features commentary from former federal prosecutors. Boston Government Investigations and White Collar Defense Partner Brian Kelly is quoted.
Boston Herald | November 19, 2018
Boston Government Investigations and White Collar Defense partner Brian Kelly is quoted in this article on a Nevada judge’s decision to temporarily prevent the release of a Massachusetts Gaming Commission report containing privileged information about Steve Wynn.
NBC Boston | October 31, 2018
In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.
WGBH-TV (PBS affiliate Boston) | October 31, 2018
In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.
The Wall Street Journal | October 31, 2018
In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.
NBC Boston | October 30, 2018
In the following coverage, Boston Government Investigations & White Collar Defense partner Brian Kelly, who prosecuted Boston gangster ‘Whitey’ Bulger, discusses Bulger’s death this week inside a West Virginia prison.
National Law Journal | August 21, 2018
Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this story on his ongoing representation of Thornton Law Firm in a dispute over billing in a securities class action case.
University of Pennsylvania Law School, J.D.
Dartmouth College, B.A., magna cum laude
California
Massachusetts
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court
Brian was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2021 in the field of Criminal Defense: General Practice and Criminal Defense: White-Collar. He was previously recognized by Best Lawyers in 2020. He was also recognized as a “Litigation Star” in the 2020 edition of Benchmark Litigation.
Brian has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2021 and 2020 for Litigation: White-Collar Crime & Government Investigations (Massachusetts).
Brian was the recipient of the 2004 Exceptional Service Award—the Department of Justice’s highest award received in Washington, DC, from the United States Attorney General.
