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 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 the Independent Examiner of the largest Swiss bank to enter 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, economic 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) and in a private civil RICO action filed in the Southern District of Florida.
  • Board Committee of a public company to conduct an internal investigation 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 privately-held company in connection with a DOJ matter involving economic sanctions.
  • CEO of a public company in connection with an internal investigation.
  • A fintech firm and its CEO in connection with U.S. corporate and compliance issues.
  • An employee of an overseas company charged in the United States with environmental crimes.
  • Individual investor investigated by SDNY and the SEC for insider trading (secured favorable 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.
  • 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, a Swiss asset management firm and a Swiss trade association in connection with the DOJ’s ongoing investigations of offshore banking and the Swiss bank amnesty program.
  • Several 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.
  • A compliance manager of a global bank in a DOJ investigation of Treasury auctions.
  • 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, compliance officers, auditors and other employees of three different global banks in Iran sanctions and money laundering 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.
  • An FX trader in a civil proceeding relating to DOJ investigations.
  • 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 (2015-2018)
  • Noted in the Global Investigations Review 100 list (2018)
  • Selected for International Academy of Financial Crime Litigators (2018)
  • Selected by Super Lawyers Magazine as a New York Super Lawyer in Criminal Defense: White Collar (2015-2018)
  • 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

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