David Massey, Richards Kibbe & Orbe attorney photo

David B. Massey

F:  917.344.8809

Overview

David Massey is the Co-Chair of RK&O’s Litigation Department and has more than 20 years of experience litigating government enforcement actions and financial disputes. Mr. Massey serves as lead counsel to companies, board committees and individuals in high-profile cross-border white collar investigations, prosecutions and civil litigation. Mr. Massey joined RK&O as a partner in 2013 after serving nine years as a federal prosecutor in the Southern District of New York (SDNY). more +

Mr. Massey has obtained favorable results for clients in all kinds of cases.  He negotiated the first corporate Deferred Prosecution Agreement in the DOJ’s FIFA investigation; he regularly represents board committees and board directors in internal investigations and civil litigation; and he has represented dozens of subjects, targets, defendants, witnesses, and victims  in Government investigations relating to alleged accounting fraud, foreign and domestic corruption, economic sanctions violations, wire fraud, money laundering, bank fraud, bankruptcy fraud, insider trading and other trading practices, tax fraud,  and related civil litigation.

Mr. Massey has been recognized by Chambers USA, The Legal 500, Global Investigations Review, National Law Journal and Super Lawyers Magazine for his expertise in white collar defense. Chambers USA praised Mr. Massey as a “super talented lawyer” who is “completely on top of matters while being very smart and practical,” and for his “skill in seeing the overall strategy and seeing long-term where things are going.”

As a federal prosecutor, Mr. Massey focused on complex cross-border matters. He was a member of the SDNY’s Securities & Commodities Task Force; tried 12 cases to jury verdict; and argued 10 appeals before the Second Circuit. He secured the first-ever indictment and guilty plea of a foreign bank for tax fraud.

Experience

  • Torneos y Competencias, a leading South American sports production and broadcasting company, in the DOJ’s FIFA investigation (where RK&O secured the first corporate Deferred Prosecution Agreement in the case) and in civil cases filed in the Southern District of Florida and the SDNY.
  • Special Litigation Committee to investigate a whistleblower’s allegations of improper conduct.
  • Audit Committee to investigate allegations of commercial bribery.
  • Two independent directors of a publicly-traded company in a civil action alleging fraudulent transfer and breach of fiduciary duty filed in SDNY Bankruptcy Court.
  • Five accounting department executives and managers in DOJ and SEC investigations of the accounting practices of a publicly-traded manufacturing company.
  • Executive of a publicly-traded technology firm in an SEC and Audit Committee investigation of accounting practices.
  • CEO of a U.S. broker-dealer, indicted on 15 counts in the SDNY for FCPA violations arising from bond trading for a Venezuelan bank (negotiated plea to a single count).
  • CEO of a commodities trading firm indicted in the SDNY for wire fraud and bank fraud.
  • Institutional and individual clients in complex discovery disputes arising in federal commercial litigation.
  • CEO of a European-based consulting firm in relation to U.S. sanctions compliance.
  • CEO of a public company in connection with multiple matters relating to corporate governance, including a shareholder derivative demand.
  • CEO of a European asset manager in a DOJ investigation concerning offshore banking by U.S. taxpayers.
  • A fintech firm in connection with U.S. corporate and compliance issues.
  • CEO of a non-U.S. broker-dealer indicted for alleged securities market manipulation.
  • Employee of a public company charged with environmental violations.
  • Individual investor investigated by SDNY and the SEC for insider trading (secured favorable “no admit, no deny” resolution with SEC and no charge by SDNY).
  • Two large hedge funds in connection with DOJ investigations of securities fraud by third parties.
  • Counsel to the Independent Examiner for Raiffeisen, Switzerland’s third-largest bank, in the DOJ’s Swiss bank voluntary disclosure program.
  • Two Swiss banks, a Swiss law firm and a Swiss trade association in connection with the DOJ’s Swiss bank voluntary disclosure program.
  • Four Swiss private bankers in relation to DOJ investigations of offshore banking by U.S. taxpayers.
  • Individual investigated by the SDNY in relation to “Panama Papers” disclosures.
  • Compliance chief of a European financial institution in an SDNY investigation of U.S. sanctions compliance.
  • A compliance manager of a global bank in a DOJ investigation of Treasury auctions.
  • Employee of a global bank in an SDNY investigation of potential mismarking by an asset manager.
  • Four lawyers and lobbyists in the SDNY investigation and prosecution of New York Senate Majority Leader Dean Skelos.
  • A dozen subjects and witnesses in DOJ/SEC investigations and prosecutions of alleged false statements in RMBS trading.
  • A global financial institution to investigate accounting practices.
  • Two dozen executives, compliance officers, auditors and other employees of a global bank in Iran sanctions and money laundering investigations by the DOJ, Manhattan DA, NY Fed, NY Department of Financial Services, NY Attorney General and independent monitor.
  • Banking executive who testified at trial in Manhattan state criminal court in accounting fraud case brought against Dewey & LeBoeuf executives.
  • High-ranking employee of the Port Authority who testified at trial in the public corruption case arising from the lane closures on the George Washington Bridge.
  • Four internal audit managers of a global bank in monitor interviews regarding U.S. sanctions issues.
  • Seven employees of three different global banks in DOJ antitrust and fraud investigations of foreign exchange trading and related civil litigation.
  • Victims of investor fraud in SDNY and EDNY investigations and prosecutions and related restitution proceedings.
  • Three research analysts in FINRA and other investigations relating to research independence.
  • A global bank in DOJ and SEC prosecutions relating to undisclosed markups in cross-border equity trading.
  • A large U.S. bank in the SEC investigation of a large mining company.
  • Hedge funds in relation to whistleblower and other regulatory matters.
  • Individuals in relation to a federal immigration fraud case.
  • Trading desk head of a global bank in civil antitrust case relating to fixed-income trading practices.

Honors & Awards

  • Recommended by The Legal 500 United States in the area of White Collar Criminal Defense (2015-2019)
  • Recommended by Chambers USA in the area of White Collar Crime & Government Investigations (2019, 2020)
  • Global Investigations Review 100 list (2018-2019)
  • Super Lawyers Magazine as a New York Super Lawyer in Criminal Defense: White Collar (2015-2019)
  • White Collar Crime Trailblazer by The National Law Journal (2015)
  • Named a Prosecutor of the Year by the Federal Law Enforcement Foundation (2013)
  • IRS Criminal Investigation Division Director’s Award (2013)

Professional & Community Affiliations

International Academy of Financial Crime Litigators 

White Collar Criminal Law Committee, New York City Bar Association

Federal Criminal Practice Committee, Federal Bar Council

New York Council of Defense Lawyers

Board Chair, KIPP NYC Charter Schools (2004 - 2015)

News

Presentations

Publications

Practice Areas
Clerkship(s)
  • Honorable Pierre N. Leval, United States Court of Appeals for the Second Circuit
Education
  • Yale Law School, J.D., 1997
  • Oxford University, M. Phil., International Relations, 1994, Marshall Scholar
  • Yale College, B.A., Political Science, summa cum laude, 1992, Phi Beta Kappa, Truman Scholar
Bar & Court Admissions
  • New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Eastern District of Michigan
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Sixth Circuit