Michael P. Kelly is a partner at the law firm of Hogan Lovells U.S. LLP and represents corporations and individuals in a wide range of matters involving federal criminal law. He defends companies and individuals facing criminal cases and investigations brought by the United States Department of Justice. He helps boards of directors and corporations respond to allegations of potentially illegal conduct, including through extensive, thorough, and swift internal investigations. He works from the firm’s Washington, D.C. office, and represents clients in cases in the United States and abroad.
In defending clients in criminal cases, Mr. Kelly has helped them resolve issues involving a wide range of U.S. criminal law, including statutes related to the Foreign Corrupt Practices Act (FCPA), money laundering, conspiracy, tax fraud, wire fraud, mail fraud, sanctions, health care fraud, and theft. He has conducted investigations in numerous countries, including in the United Kingdom, France, Switzerland, Austria, the Czech Republic, Poland, and Brazil.
Some of Mr. Kelly’s cases include the following:
- Represented a Swiss attorney charged with conspiracy to violate the Foreign Corrupt Practices Act and the Money Laundering Control Act in the United States District Court for the Southern District of New York in connection with an investment in Azerbaijan. Persuaded the U.S. District Court to dismiss the FCPA conspiracy charge on grounds of lenity. The case was resolved through a fine and forfeiture with no prison sentence, no supervised release, and no probation.
- Represented a chief executive officer charged with conspiracy to defraud the United States and tax fraud in the United States District Court for the Western District of New York. Persuaded federal prosecutors in the Tax Division to dismiss all felony charges and agree to a misdemeanor plea. The case was resolved through a fine with no prison sentence, no supervised release, and no probation.
- Represented a Virginia company charged with violation of the FCPA and conspiracy to violate the FCPA in the United States District Court for the Eastern District of Virginia in connection with work performed at a nuclear power plant in Lithuania. The case was resolved through a deferred prosecution agreement in which the Justice Department observed that the internal investigation was “extensive, thorough, and swift” and that the company’s cooperation was “extraordinary.” All charges were later dismissed
Martindale-Hubbell has awarded Mr. Kelly with its highest rating in White Collar Crime, Criminal Law, and Litigation. In doing so, Martindale-Hubbell cited one defense lawyer who reported: "Michael Kelly and I represented separate individuals in a very complicated and difficult criminal investigation for the past three years. His work on this case was outstanding. His efforts were the primary reason the case was concluded in a very favorable way for our clients and four others. He is an outstanding lawyer and a gentleman."
Mr. Kelly writes frequently on issues of criminal law. His articles have appeared in publications such as American Criminal Law Review, Global Investigations Review, Corporate Counsel, Bloomberg BNA, European Lawyer, and International Law Office. Mr. Kelly also has extensive experience in complex civil cases, including class actions, involving a large variety of civil claims. Prior to entering private practice, Mr. Kelly served as a law clerk to U.S. District Judge Ewing Werlein, Jr. of the U.S. District Court for the Southern District of Texas.
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Regulatory Transparency Project Teleforum
In many federal investigations, a regulatory agency must bring legal action against a company or...