170677_bioimage

Brian T. Kelly



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 involving the False Claims Act (FCA), health care fraud, SEC inquiries, internal corporate investigations, insider trading allegations, white collar criminal defense and NCAA compliance matters.

What do you focus on?

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.

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.

What do you see on the horizon?

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.

Representative Experience

  • Representing the founder and former CEO of a prescription opioid manufacturer on federal and state litigation matters.
  • Advising DraftKings, a fantasy sports business, with respect to responding to various regulatory inquiries and assisting in various litigation matters across the country.
  • Defending a national hospice company in an ongoing DOJ probe of a qui tam action.
  • Representing a business in a government inquiry regarding allegations of campaign finance fraud.
  • Defending an investment banker in Rhode Island federal court against the SEC’s allegations of securities fraud. At issue is a $75 million bond offering by the state of Rhode Island to finance a pre-revenue video game company, 38 Studios LLC, which was owned by former Red Sox pitcher Curt Schilling.
  • Successfully resolved NCAA compliance and corruption investigation.
  • Represented a Fortune 500 company in a federal investigation conducted by the Boston U.S. Attorney’s Office and the Federal Bureau of Investigation. The investigation was closed with no finding of wrongdoing by the company.
  • Represented the Massachusetts Port Authority in the successful resolution of a lawsuit regarding the installation of an electric transmissioncable between the Main Ship Channel and the Reserve Channel in the Boston Harbor.
  • Represented a Fortune 100 technology company in an internal investigation into possible FCPA violations.
  • Involved in the efforts to recover $500 million 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.

Speaking Engagements

  • “Government Investigations,” Risk Management Summit, Las Vegas, Nevada, October 16, 2017
  • “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

Former Wynn Resorts GC Moves to Toss $1B RICO Suit

Law360 | April 22, 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.

Wells Fargo’s Cannava asks court to end 38 Studios case

Bond Buyer | April 02, 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.

Nevada judge grants restraining order in Wynn case

Boston Herald | November 20, 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.

Former federal prosecutor speaks out following Bulger’s death

NBC Boston | November 01, 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.

Convicted killer James “Whitey” Bulger killed

WGBH-TV (PBS affiliate Boston) | November 01, 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.

Bulger was killed when cells were unlocked for breakfast

The Wall Street Journal | November 01, 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.

Plaintiffs firms in State Street probe in talks to settle with special master

National Law Journal | August 22, 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.

Could the trial of former campaign chair Paul Manafort spell legal trouble for President Trump?

WGBH TV (Boston PBS affiliate) | July 31, 2018

Boston Government Investigations & White Collar Defense partner Brian Kelly appeared on the WGBH program Greater Boston, discussing what Paul Manafort’s trial could mean for President Trump.

Massachusetts Gaming Commission looking into whether Steve Wynn still has 'residual influence' on Wynn Resorts

MassLive.com | April 12, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Mass. regulator to probe Steve Wynn’s remaining influence on company

Boston Business Journal | April 12, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Steve Wynn wants his name cut from Massachusetts casino license

Bloomberg News | April 12, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Massachusetts asked to remove Steve Wynn from casino license

Associated Press | April 12, 2018

In the following coverage, Boston government investigations and white-collar defense partner Brian Kelly is quoted in several stories discussing his representation of Steve Wynn, the founder of Wynn Resorts LLC, which is building a casino in Everett.

Mass. Asbestos Removal Co. Owes Union $700K, Judge Says

Law360 | March 30, 2018

This article focuses on recent developments in a federal case involving the pay of unionized construction workers and quotes government investigations and white collar defense partner Brian Kelly.  The article also mentions associate Eric Walz for representing asbestos-removal company SMI Demolition Inc.

Billionaire Insys founder can remove ankle monitor: judge

Reuters (also picked up in U.S. News and World Report) | November 28, 2017

This coverage quotes Boston government investigations and white collar defense partner Brian Kelly, who successfully argued that his client, Insys Therapeutics founder John Kapoor, is not a flight risk and should not have to wear an ankle bracelet with GPS monitoring.

Billionaire pharmaceuticals entrepreneur indicted in alleged fentanyl fraud scheme

Wall Street Journal | October 26, 2017

This article quotes Boston government investigations and white collar defense partner Brian Kelly for representing John Kapoor, the former chief executive of pharmaceutical company Insys Therapeutics, Inc. in an ongoing investigation.

Exclusive: Prosecutors identify Insys founder as unindicted co-conspirator in opioid case

Reuters | September 14, 2017

This article quotes Boston government investigations and white collar defense partner Brian Kelly for representing John Kapoor, the former chief executive of pharmaceutical company Insys Therapeutics, Inc.

Should judiciary limit PACER access to protect informants?

Massachusetts Lawyers Weekly | June 29, 2017

Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about public access to criminal dockets on PACER.

Former Massachusetts chemist to pay $2M to wrongly convicted man

WBUR-FM (Boston NPR affiliate) | June 22, 2017

In this radio segment, Boston government investigations and white collar defense partner Brian Kelly discusses the latest developments in the case of former Massachusetts lab worker Annie Dookhan.  This week, a federal judge ordered Dookhan to pay more than $2 million to a man who was wrongly convicted as a result of Dookhan’s role in falsifying evidence.

Illegal immigrant cases on docket

The Boston Herald | May 30, 2017

Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about the recent media blitz from the Massachusetts U.S. attorney’s office publicizing its work with illegal immigration cases.

3 federal prosecutors in Mass. seek US attorney post

Boston Globe | May 13, 2017

Boston government investigations and white collar defense partner Brian Kelly was quoted in this article about the three possible replacements for the US Attorney for Massachusetts position.

Prosecutors submit shortened list of Dookhan convictions they want upheld

WBUR (NPR Boston affiliate) | April 18, 2017

Boston government investigations and white collar defense partner Brian Kelly provided third-party commentary about the ramifications of former state chemist Annie Dookhan’s falsification of tens of thousands of drug tests.

RI Commerce agrees to $50K penalty to SEC for role in 38 Studios deal

Providence Journal | March 29, 2017

Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about an SEC matter regarding a 2010 bond-offering.

Lahey Clinic embroiled in Bermuda’s ongoing political tumult

Boston Globe | February 15, 2017

This article is about a federal lawsuit filed by the government of Bermuda alleging civil racketeering charges against Massachusetts-based Lahey Clinic.  Boston government investigations and white collar defense partner Brian Kelly provides third party commentary on the unusual case.

Meet the judge who will hear the Boston legal challenge of Trump’s ban

Boston Globe | February 03, 2017

This article focuses on the judge who will hear Boston’s challenge of the Trump administration’s recent executive order regarding the immigration ban. Boston government investigations and white collar defense partner Brian Kelly is quoted discussing Judge Gorton’s judicial style.

Federal prosecutors launch probe of law firm over donations

The Boston Globe | November 16, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the opening of a grand jury investigation of a Massachusetts law firm for its contributions to political candidates.

More calls for a probe of Thornton law firm’s political donations

The Boston Globe | November 02, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in regarding his representation of a Massachusetts law firm and its contributions to political candidates.

Spotlight: Law firm ‘bonuses’ tied to political donations

Boston Globe | October 29, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is included in this article about a high-profile client matter involving a Massachusetts law firm and its political contributions.

Cannava Fighting SEC's Effort to Put Him Back in 38 Studios Suit

The Bond Buyer | October 03, 2016

Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted throughout this piece that follows the ongoing developments in the fight between Peter Cannava and the Securities and Exchange Commission. Boston commercial litigation partner Steve LaRose and associate Kathleen Ceglarski Burns are also part of the legal team representing Cannava.

Why a Judge Dismissed Cannava From SEC's 38 Studios Case

The Bond Buyer | August 05, 2016

This coverage notes Nixon Peabody’s recent win on behalf of client Peter Cannava, involving SEC claims related to a bond offer involving former MLB pitcher Curt Schilling. Boston partners Brian Kelly and Steve LaRose, Providence counsel Charles Tamuleviz and Boston associate Kathleen Ceglarski Burns are listed as the litigation team, and Brian Kelly is quoted.

Probation is backed for ex-FBI official who lied at Bulger trial

The Boston Globe | July 30, 2016

Boston Government Investigations & White Collar Defense group partner Brian Kelly is quoted in this article about former FBI supervisor Robert Fitzpatrick, who faces sentencing this week for lying on the stand at James “Whitey” Bulger’s murder trial.

Contact

Brian T. Kelly

Partner

Boston

Phone: 617-345-1065

San Francisco

Phone: 415-984-5074


Fax: 855-714-9513

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

2004 Exceptional Service Award – Department of Justice’s highest award received in Washington, D.C. from United States Attorney General.

Back to top