David Massey, Richards Kibbe & Orbe attorney photo

David B. Massey

F:  917.344.8809

Overview

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

As an RK&O partner, Mr. Massey negotiated the first deferred prosecution agreement for a corporate entity in the DOJ’s FIFA investigation; advised an Independent Examiner in the DOJ’s Swiss bank amnesty program; represented testifying witnesses in the George Washington Bridge and Dewey & Leboeuf trials; and represented dozens of subjects, victims, witnesses and defendants in matters relating to alleged FCPA and domestic corruption, foreign currency trading, bond trading, market manipulation, money laundering, sanctions violations, tax fraud, financial reporting and investor fraud.

As a federal prosecutor, Mr. Massey 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 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.

Mr. Massey graduated from Yale College, Oxford University and Yale Law School.  He clerked for Judge Pierre Leval of the Second Circuit.

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).
  • The 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).
  • U.S. counsel to the Independent Examiner for Raiffeisen, Switzerland’s third-largest bank, in the DOJ’s Swiss bank amnesty program.
  • Two Swiss banks, a Swiss law firm and a Swiss trade association in connection with the DOJ’s Swiss bank amnesty program.
  • Multiple European private bankers in relation to DOJ investigations of offshore banking by U.S. taxpayers.  
  • Several lawyers and lobbyists in the SDNY 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 (so-called "Litvak" investigations.)
  • American Express in an internal investigation concerning whistleblower allegations of false financial reporting.
  • More than two dozen executives and managers of global banks in money laundering and sanctions investigations by the DOJ, Manhattan DA, NY Fed, NY Department of Financial Services, NY Attorney General and independent monitors.
  • Former CEO of a broker-dealer indicted for alleged market manipulation.
  • A senior FX trader and three compliance managers in DOJ antitrust and fraud investigations of foreign exchange trading.
  • Victims of investor fraud in SDNY and EDNY prosecutions and 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. 
  • A global bank in an SEC investigation of a large industrial company.
  • U.S. hedge funds in relation to whistleblower and other regulatory matters.

Honors & Awards

  • Recommended by The Legal 500 United States in the area of White Collar Criminal Defense (2015-2017).
  • Selected by Super Lawyers Magazine as a New York Super Lawyer in Criminal Defense: White Collar (2015-2017).
  • Named a 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

Board Chair, KIPP NYC Charter Schools (2003 -2015)

White Collar Criminal Law Committee, New York City Bar Association

Federal Bar Council

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