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David B. Massey

David B. Massey

Richards Kibbe & Orbe LLP

New York, NY, USA


David B. Massey is a partner in the Firm’s Litigation Department.

Mr. Massey represents institutional and individual clients in regulatory enforcement matters, criminal investigations, and complex civil litigation in state and federal courts. Mr. Massey is an experienced trial lawyer and appellate advocate, who has tried a dozen cases to verdict before federal courts and juries and argued ten appeals in the U.S. Court of Appeals for the Second Circuit. In private practice prior to joining the firm, he represented large financial institutions and consumer products companies in complex civil litigation, internal investigations, regulatory actions, corporate disclosure matters, and compliance reviews involving, among other things, the FCPA, anti-money laundering statutes, OFAC regulations, and rogue trading.

From 2004 to 2013, Mr. Massey served as an Assistant United States Attorney in the Criminal Division of the U.S. Attorney’s Office for the Southern District of New York. As a federal prosecutor, Mr. Massey investigated and prosecuted a wide range of complex cross-border fraud matters involving insider trading, tax evasion through offshore bank accounts, foreign currency trading, total return swaps, credit default swaps, deferred compensation plans, reverse mergers, Ponzi schemes, market manipulation, bankruptcy fraud, commercial bribery, bank fraud, and mail/wire fraud, among other things. Some of these matters involved whistleblower claims, and many involved parallel investigations with the SEC and other regulatory agencies, including the CFTC, OCC, Financial Conduct Authority, Federal Reserve Bank of New York, Manhattan DA’s Office, and the Civil Division of the U.S. Attorney’s Office for the Southern District of New York.

As a member of the Securities & Commodities Task Force for three years, Mr. Massey was part of the team that investigated and prosecuted the “Operation Perfect Hedge” insider trading cases, which has resulted in the conviction of more than 75 defendants since 2009. His cases included the prosecution of hedge fund portfolio managers Joseph Skowron and Rengan Rajaratnam, and research firm owner John Kinnucan.

As a federal prosecutor, Mr. Massey led the investigation and prosecution of the Swiss bank Wegelin & Co., the first-ever indictment and guilty plea of a foreign bank for tax fraud. He also led the negotiation of a non-prosecution agreement with Liechtensteinische Landesbank, which included a change in Liechtenstein law that effectively ended bank secrecy there for U.S. taxpayers. In a series of related prosecutions, Mr. Massey indicted numerous U.S. taxpayers and more than a dozen European bankers and investment advisers for using offshore bank accounts to hide U.S. taxpayer assets and income. In 2010-2011 and 2013, as Acting Tax Coordinator, Mr. Massey managed the S.D.N.Y.’s criminal tax program and authorized indictments and guilty pleas in criminal tax cases.

Mr. Massey is a 1997 graduate of Yale Law School. From 1997 to 1998, he served as a law clerk to the Honorable Pierre N. Leval of the United States Court of Appeals for the Second Circuit. Before joining the U.S. Attorney’s Office, he was a litigation associate at Davis Polk.

Mr. Massey is admitted to practice in New York, the Southern and Eastern Districts of New York, and the Second Circuit.

SEMINARS AND SPEAKING ENGAGEMENTS

  • Panelist, NYU Tax Controversy Forum, 2012, 2013
  • Panelist, Sheppard Mullin Financial Regulation and Enforcement Symposium, 2013
  • Speaker, IRS Special Agent Seminar on Investigations of Hedge Funds, 2011

PUBLICATIONS

“UBS, Wegelin, and Offshore Banking: The Power of General Deterrence,” United States Attorneys’ Bulletin, May 2013

HONORS & AWARDS

  • Named a “Prosecutor of the Year” by the Federal Law Enforcement Foundation in 2013
  • IRS Criminal Investigation Division Director’s Award, 2013

NEWS

David B. Massey featured in The Hedge Fund Law Report
David B. Massey featured in The New York Times DealBook
Former Assistant U.S. Attorney David B. Massey Joins Richards Kibbe & Orbe LLP .

PROFESSIONAL AFFILIATIONS

Board Chair, KIPP NYC Charter Schools, 2002 to date
Member, Federal Bar Council
Member, New York City Bar Association

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