David B. Massey

Complex Civil Litigation

• Represented a global company in groundbreaking Delaware Chancery Court litigation concerning whether COVID-19 constituted a material adverse event sufficient to avoid closing a multibillion-dollar share sale.
• Representing independent directors in a civil action alleging fraudulent transfer and breach of fiduciary duty filed in U.S. Bankruptcy Court for the Southern District of New York (SDNY); obtained dismissal of breach of fiduciary duty claims.
• Representing a leading South American sports production company in the defense of federal antitrust and RICO claim; obtained dismissal of antitrust claims.
• Representing employee of Signature Bank in a putative securities class action filed in the Eastern District of New York (EDNY).
• Represented seven employees of three different global banks in DOJ antitrust and fraud investigations of foreign exchange trading and related civil litigation.*
• Represented trading desk head of a global bank in civil antitrust case relating to fixed-income trading practices.

FCPA and Public Integrity

• Representing a leading South American sports production company in the DOJ’s FIFA investigation, successfully securing and completing the first corporate deferred prosecution agreement in the case.
• Conducted internal investigation for a public company’s audit committee into a whistleblower’s allegations of commercial bribery.*
• Represented the chief executive officer of a U.S. broker-dealer indicted on 15 counts in the SDNY for FCPA violations arising from bond trading for a Venezuelan bank, successfully negotiating plea to a single count.
• Represented four attorneys and lobbyists in the SDNY prosecution of a New York senate leader.
• Represented high-ranking public official who testified at trial in the federal corruption case arising from the lane closures on the George Washington Bridge.
• Represented banking executive who testified at trial in the Manhattan District Attorney’s accounting fraud case against executives of a global law firm.

Accounting and Corporate Governance

• Represented an executive of a public company in a DOJ and SEC investigation of public company accounting practices.
• Advise C-suite executives in matters relating to corporate governance and disclosure.
• Represented a global bank in connection with a DOJ and U.S. Securities Exchange Commission (SEC) investigation of a prominent technology company.
• Conducted internal investigation for a special litigation committee in response to a whistleblower's allegations of improper conduct by senior executives.
• Represented five accounting department executives and managers in DOJ and SEC investigations of the accounting practices of a public company.
• Advised a fintech firm in connection with U.S. corporate and compliance issues.
• Conducted internal investigation of accounting practices for a global financial institution in response to a whistleblower’s allegations.

Securities, Commodities, and FX Trading Practices

• Represented numerous global bank traders in DOJ, SEC, CFTC, and FINRA investigations of equity, fixed-income, and FX trading practices, including spoofing, market manipulation, and frontrunning.
• Represented individuals investigated by the DOJ and the SEC for alleged insider trading, securing criminal declination, SEC declination, and favorable “no admit, no deny” resolutions.
• Represented the chief executive officer of a commodities trading firm indicted in the SDNY for wire fraud and bank fraud.
• Represented the chief executive officer of a broker-dealer indicted for alleged securities fraud in the EDNY.  
• Represented 12 subjects and witnesses in DOJ and SEC investigations and prosecutions of alleged false statements in RMBS trading.
• Represented two large hedge funds in connection with DOJ investigations of securities fraud by third parties.
• Represented a global bank in DOJ and SEC prosecutions relating to undisclosed markups in cross-border equity trading.
• Represented a global bank in the SEC investigation of a large industrial company.
• Represented the compliance manager of a global bank in a DOJ investigation of Treasury auctions.
• Represented an employee of a global bank in an SDNY investigation of potential mismarking by an asset manager.
• Represented three research analysts in FINRA investigations relating to research independence.
• Represented victims of investor fraud in SDNY and EDNY investigations and prosecutions and related restitution proceedings.
• Advised hedge funds in relation to whistleblower and other regulatory matters.

Economic Sanctions and Money Laundering

• On behalf of a non-U.S. bank, secured OFAC decision to remove a yacht from OFAC’s list of Specially Designated Nationals (SDNs).  Also secured formal OFAC assurance that secondary sanctions would not be levied against the bank for engaging in a material transaction involving a sanctioned person.
• Representing individuals in a DOJ civil forfeiture action involving alleged sanctions violations and offshore yachts.
• Secured a non-prosecution agreement for a manufacturing company in a DOJ money laundering investigation.
• Represented more than 20 executives, compliance officers, auditors, and other employees of a global bank in Iran through sanctions and money laundering investigations by the DOJ, the Manhattan District Attorney, the Federal Reserve Bank of New York, the New York Department of Financial Services, the New York Attorney General, and an independent monitor.
• Represented four internal audit managers of a global bank in independent monitor interviews regarding U.S. sanctions compliance.
• Represented the compliance chief of a global bank in an SDNY investigation of U.S. sanctions compliance.
• Advised the chief executive officer of a consulting firm in relation to U.S. sanctions compliance.

Tax and Offshore Banking

• Representing an asset manager in a DOJ criminal tax matter.
• Advised the independent examiner for Raiffeisen, Switzerland’s third-largest bank, in the DOJ’s Swiss bank voluntary disclosure program.
• Represented numerous Swiss private bankers in relation to DOJ investigations of offshore banking by U.S. taxpayers.
• Represented two Swiss banks, a Swiss law firm, and a Swiss trade association in connection with the DOJ’s Swiss bank voluntary disclosure program.
• Represented individual investigated by the SDNY in relation to “Panama Papers” disclosures.

Environment and Immigration

• Represented employee of a public company in relation to a DOJ criminal environmental matter.  
• Advised individuals in relation to a federal criminal immigration matter.

*Prior experience