David Massey, Richards Kibbe & Orbe attorney photo

David B. Massey

F:  917.344.8809

Overview

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.

Experience

  • Torneos y Competencias, a leading South American sports production and broadcasting company, in the DOJ’s FIFA investigation (secured the first corporate deferred prosecution agreement in the case) and in a private civil RICO action filed in the Southern District of Florida.
  • Board Committees to conduct internal investigations arising from whistleblower allegations.
  • 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.
  • CEO of a European-based consulting firm in relation to U.S. sanctions compliance.
  • CEO of a public company in connection with an internal investigation.
  • CEO of a European asset manager (and the firm itself) in a DOJ investigation concerning offshore banking by U.S. taxpayers.
  • CEO of a fintech firm (and the firm itself) in connection with U.S. corporate and compliance issues.
  • CEO of a non-U.S. broker-dealer indicted for alleged market manipulation.
  • Employee of a European-based industrial company charged in the United States with environmental crimes.
  • 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).
  • Large U.S. asset manager in connection with a DOJ investigation of securities fraud by a third party.
  • US. 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 manager 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.
  • American Express in an internal investigation arising from whistleblower allegations.
  • 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 in Manhattan state criminal trial against Dewey & LeBoeuf executives.
  • High-ranking employee of a public authority who testified in the George Washington Bridge case.
  • Four internal audit managers of a global bank in monitor interviews regarding U.S. sanctions issues.
  • Six employees of three different global banks in DOJ FX investigations 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.
  • U.S. hedge funds in relation to whistleblower and other regulatory matters.

Honors & Awards

Professional & Community Affiliations

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

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