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, The Best Lawyers in America® 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.
ACCOUNTING & CORPORATE GOVERNANCE
- A global bank in connection with an SEC investigation of a prominent technology company.
- Special Litigation Committee to investigate a whistle-blower's allegations of improper conduct.
- Five accounting department executives and managers in DOJ and SEC investigations of the accounting practices of a public company.
- Two independent directors of a public company in a civil action alleging fraudulent transfer and breach of fiduciary duty filed in SDNY Bankruptcy Court.
- Executive of a publicly-traded company in an SEC investigation of accounting practices.
- CEO of a public company for matters relating to corporate governance.
- A fintech firm in connection with U.S. corporate and compliance issues.
- A global financial institution to conduct an internal investigation of accounting practices.
SECURITIES, COMMODITIES & FX TRADING PRACTICES
- 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).
- CEO of a commodities trading firm indicted in the SDNY for wire fraud and bank fraud.
- CEO of a broker-dealer indicted for alleged securities fraud in the EDNY.
- A dozen subjects and witnesses in DOJ/SEC investigations and prosecutions of alleged false statements in RMBS trading.
- Two large hedge funds in connection with DOJ investigations of securities fraud by third parties.
- A global bank in DOJ and SEC prosecutions relating to undisclosed markups in cross-border equity trading.
- A global bank in the SEC investigation of a large industrial company.
- 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.
- Three research analysts in FINRA and other investigations relating to research independence.
- Victims of investor fraud in SDNY and EDNY investigations and prosecutions and related restitution proceedings.
- Hedge funds in relation to whistle-blower and other regulatory matters.
ECONOMIC SANCTIONS & MONEY LAUNDERING
- 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.
- Four internal audit managers of a global bank in monitor interviews regarding U.S. sanctions issues.
- Non-U.S. bank for advice on U.S. sanctions compliance.
- Compliance chief of a European financial institution in an SDNY investigation of U.S. sanctions compliance.
- CEO of a European-based consulting firm in relation to U.S. sanctions compliance.
- Torneos, the leading South American sports production company, in the defense of antitrust, RICO, and Florida law claims brought in SDFL (obtained dismissal of federal antitrust claims and analogous Florida state-law claims).
- Seven employees of three different global banks in DOJ antitrust and fraud investigations of foreign exchange trading and related civil litigation.
- Trading desk head of a global bank in civil antitrust case relating to fixed-income trading practices.
- Asset manager in a DOJ investigation concerning offshore banking by U.S. taxpayers.
- Counsel to the Independent Examiner for Raiffeisen, Switzerland’s third-largest bank, in the DOJ’s Swiss bank voluntary disclosure program.
- Four Swiss private bankers in relation to DOJ investigations of offshore banking by U.S. taxpayers.
- Two Swiss banks, a Swiss law firm and a Swiss trade association in connection with the DOJ’s Swiss bank voluntary disclosure program.
- Individual investigated by the SDNY in relation to “Panama Papers” disclosures.
ENVIRONMENT & IMMIGRATION
- Employee of a public company charged with environmental violations.
- Individuals in relation to a federal immigration fraud case.