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.
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.
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.
WGBH TV (Boston PBS affiliate) | July 30, 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.
MassLive.com | April 11, 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.
Boston Business Journal | April 11, 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.
Bloomberg News | April 11, 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.
Associated Press | April 11, 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.
Law360 | March 29, 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.
Reuters (also picked up in U.S. News and World Report) | November 27, 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.
Wall Street Journal | October 25, 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.
Reuters | September 13, 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.
Massachusetts Lawyers Weekly | June 28, 2017
Boston government investigations and white collar defense partner Brian Kelly is quoted in this article about public access to criminal dockets on PACER.
WBUR-FM (Boston NPR affiliate) | June 21, 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.
The Boston Herald | May 29, 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.
Boston Globe | May 12, 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.
WBUR (NPR Boston affiliate) | April 17, 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.
Providence Journal | March 28, 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.
Boston Globe | February 14, 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.
Boston Globe | February 02, 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.
The Boston Globe | November 15, 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.
The Boston Globe | November 01, 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.
Boston Globe | October 28, 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.
The Bond Buyer | October 02, 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.
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© 2020 in the field of Criminal Defense: General Practice.
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.
