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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Law360 | June 14, 2016
Boston government investigations and white collar defense partner Brian Kelly and Washington, DC, government investigations and white collar defense associate Emily Harlan contributed this article about the Supreme Court’s recent ruling that a public official can be convicted of conspiring to commit extortion even when co-conspirators willingly furnish the money and/or property.
The Bond Buyer | May 11, 2016
Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article discussing the memorandum of law in support of Peter Cannava’s motion to dismiss the SEC’s complaint against him.
The Boston Globe | April 29, 2016
Boston government investigations and white collar defense partner Brian Kelly is referenced throughout this article that discusses an investigation of union tactics associated with Boston’s popular music festival, Boston Calling.
USA Today | March 07, 2016
Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the fraud charges against Wells Fargo in connection with Curt Schilling’s former video game company. Brian is noted as representing Wells Fargo’s banker.
Boston Globe | March 04, 2016
Boston Government Investigations & White Collar Defense partner Brian Kelly is quoted in this article about the recent federal appeals court’s unanimous rejection of Whitey Bulger’s plea for a new trial.
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.
