David Massey is a litigation partner with more than 20 years of experience in 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 manner of cases. For example, he negotiated the first deferred prosecution agreement for a corporate entity in the DOJ’s FIFA investigation; he acted as U.S. counsel for the Swiss Independent Examiner of the largest Swiss bank to enter the DOJ’s Swiss bank voluntary disclosure program; and he has represented dozens of subjects, victims, witnesses and defendants in investigations conducted by the DOJ and many other federal and state agencies relating to alleged FCPA and domestic corruption, economic sanctions, money laundering, insider trading, foreign currency trading, bond trading, market manipulation, tax fraud, financial reporting and investor fraud.
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 for his “skill in seeing the overall strategy and seeing long-term where things are going,” and for being “well versed in cross-border criminal defense proceedings and government investigations.”
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 led the investigation and prosecution of numerous Swiss banks and bankers; secured the first-ever indictment and guilty plea of a foreign bank for tax fraud; and negotiated a non-prosecution agreement with a Liechtenstein bank that changed Liechtenstein law to end bank secrecy for U.S. taxpayers. Mr. Massey also investigated and/or prosecuted cross-border insider trading, foreign currency trading, swaps trading, financial reporting, reverse mergers, mismarking, market manipulation, money laundering, Ponzi schemes and IEEPA violations. He managed the SDNY’s criminal tax program and authorized indictments and guilty pleas as Acting Tax Coordinator.
Board Chair, KIPP NYC Charter Schools (2004 - 2015)
White Collar Criminal Law Committee, New York City Bar Association
Federal Bar Council
New York Council of Defense Lawyers