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David N. Kelley

Partner at O’Melveny, Whitecollar Attorney

David N. Kelley's profile photo
LocationNew YorkNew York, United States
Current rolePartnerO'Melveny & Myers LLP · since Jan 2024
Government service4yrsU.S. District Court

About

David N. Kelley, the former United States Attorney for the Southern District of New York, has cultivated a revered reputation for his defense of high-profile matters involving sensitive white collar litigation and investigations. His more than three decades of experience spans a diverse range of grand jury investigations, prosecutions and congressional inquiries, as well as commercial litigation and federal securities.

An experienced trial lawyer and investigator, David advises clients around the globe on complex business crime disputes and litigates high-stakes external investigations before federal and state government regulators and prosecutors. His clients include multinational and domestic public companies, boards of directors, audit committees, and individuals, including officers and directors, that span a broad spectrum of industries, including defense, energy, healthcare, pharmaceuticals, financial services, infrastructure, insurance, oil and gas, and retail.

David has appeared in courts and before regulatory bodies across the United States, and abroad, including the SEC, DOJ, Department of the Treasury, Office of Foreign Assets Control (OFAC), Office of the Comptroller of the Currency, the Federal Reserve Bank, State Attorneys General, Inspector Generals of various government agencies, and the UK Financial Conduct Authority. In addition, David represents clients in matters that involve alleged violations of the federal False Claims Act and state consumer fraud and deceptive practices statutes, and has testified as an expert witness on federal criminal investigations and on the Anti-Kickback statute. He also has significant experience conducting a variety of internal investigations concerning accounting fraud and irregularities, earnings management, option backdating, commercial bribery, and personnel misfeasance.

David is consistently recognized by prominent legal publications including Chambers USA, Chambers Global, and The Legal 500 US, in which he has been described by clients as a “terrific enforcement lawyer” and lauded as “an amazing lawyer” who is “very good at seeing the big picture.” He is highly regarded for his representation of Princess Cruise Lines in a settlement and resolution of a criminal investigation with the Environmental and Natural Resources Division of DOJ for environmental offenses, serving as an independent monitor of Toyota’s compliance with safety efforts as part of a deferred prosecution agreement, representing Wal-Mart’s audit committee in an investigation into the company’s FCPA compliance and allegations of corruption, and counseling HSBC Holdings concerning the bank’s global dollar clearing services and Bank Secrecy Act compliance.

David served as the US Attorney for the Southern District of New York from 2003 to 2005, and prior to that, as Deputy US Attorney from 2002 to 2003. During his more than 17 years with the office, he oversaw the investigation and prosecution of cases involving an array of federal crimes pertaining to the FCPA and OFAC, as well as white collar crime, securities fraud, terrorism, and national security issues. David drew acclaim for obtaining convictions of, among others, WorldCom CEO Bernie Ebbers in his conviction of fraud and conspiracy, Martha Stewart regarding her trades of ImClone stock, and the five La Cosa Nostra families on charges of racketeering and murder.

David was appointed by the New York City Police Commissioner to Chair the Crime Reporting Review Committee, where he investigated the integrity of the NYPD’s crime statistics reporting processes. His previous experience also includes serving as co-chair of the Justice Department’s nationwide investigation into the 9/11 attacks, in which capacity he personally prosecuted John Walker Lindh. As chief of the organized crime and terrorism unit from 1995 to 2002, David led the investigations of the 2000 Millennium bombing plots, the 2000 attack of the USS Cole in Yemen, the 1997 bombings of the US embassies in Kenya and Tanzania, and prosecuted Ramzi Yousef for his role in the 1993 bombing of the World Trade Center.

David has served as an adjunct professor at New York Law School and has also taught trial advocacy clinics at Harvard and Hofstra Law Schools.

Roles

Jan 2024–Present
Current role

Partner

O'Melveny & Myers LLP

New York, New York

AttorneyForeign Corrupt Practices Act (FCPA)Security and Law EnforcementInvestigationsWhite Collar CrimeNational Security LawLitigation Support Specialist
Jan 2017–Jan 2024
Former role

Partner, Co-Leader of the White Collar and Securities Litigation Practice

Dechert LLP

New York, New York

Security and Law EnforcementWhite Collar CrimeLitigation Support Specialist
Sep 2005–Dec 2016
Former role

Partner, Member of the Executive Committee

Cahill Gordon & Reindel LLP

New York, New York

Legal Assistance
Jan 2002–Sep 2005
Former role

U.S. Attorney, U.S. Deputy Attorney

U.S. District Court

(appointed)New York Southern District

Attorney

Projects

HSBC Holdings plc

Favorably resolved multi-year investigations by the Department of Justice, Office of Foreign Assets Control, Office of the Comptroller of the Currency, the Federal Reserve Bank, District Attorney of New York County, and the U.K. Financial Conduct Authority concerning various issues, including the bank's global dollar clearing services and Bank Secrecy Act compliance.

The Audit Committee of Pride International

Served on The Audit Committee of Pride International in connection with one of the largest reported FCPA settlements – and the first of its kind to not impose a Monitor.

The Audit Committee of Qualcomm

Served on The Audit Committee of Qualcomm in an investigation by DOJ and the SEC, and a related internal investigation, into the Company’s FCPA compliance.

The Audit Committee of Wal-Mart

Served on Wal-Mart’s Audit Committee concerning an extensive investigation by the SEC and DOJ into the Company’s global FCPA compliance and allegations of corruption. In association with Dechert LLP

The Diageo Audit Committee

Served on The Diageo Audit Committee in connection with an internal investigation and an SEC enforcement Action concerning global FCPA compliance.

Recognition

Honors

500 Leading Lawyers in America

Lawdragon

January 2018

Named through to 2024

Member of the Hall of Fame

The Legal 500 US

January 2024

For Corporate Investigations and White-Collar Criminal Defense

Ranked

USA for Litigation

January 2009

White Collar Crime & Government Investigations (2009 - 2024) FCPA (2014 - 2024)

Ranked

Chambers Global

USA | January 2015

for FCPA (2015 - 2025)

Recognized

The Legal 500 US

March 2025

For Corporate Investigations and White Collar Criminal Defense to Corporates

Publications & speeches

The 2022 Monaco Memorandum Changes to DOJ Corporate Enforcement Policy

CPI Antitrust Chronicle

February 2023

Link

U.S. Justice Department Announces Substantial Revisions to Corporate Enforcement Policy

The Journal of Federal Agency Action, Volume 1, Number 1

January 2023

“More Cooperation Please”: DOJ Revises Enforcement Policy to Encourage Even Greater Cooperation

The Corporate Governance Advisor, Volume 31, No. 2

March 2023

Link

Compensation Clawback Crackdowns – An Emerging Enforcement Focus

FCPA Professor

November 2022

Link

Practice Tip: Beware Individual Liability for CEOs and CCOs as DOJ Begin Requiring Compliance Certifications

The ABA CJS White Collar Crime Committee Newsletter

September 2022

Post-Election Debrief: What’s Behind Us, What’s Ahead, and Predictions for the Future of FCPA Risk and Compliance in the Coming Year

ACI FCPA Conference — Washington DC

December 2024

Risk, Regulation and Reputation

The Economist General Counsel Summit — New York, New York

September 2022

ACI FCPA Conference 2021

ACI FCPA — Washington, DC

December 2021

Drug and Medical Device Seminar

DRI — New York, NY

May 2018

Whole of Government Center of Excellence National Security Conference

William & Mary — Williamsburg, VA

April 2018