Kevin J. O'Brien

Top rated White Collar Crimes attorney in New York, New York

Ford O’Brien Landy LLP
Kevin J. O'Brien
Ford O’Brien Landy LLP

Practice Areas: White Collar Crimes, Securities Litigation, Business Litigation; view more

Licensed in New York since: 1980

Education: Harvard Law School

Selected to Super Lawyers: 2020 - 2024

Ford O’Brien Landy LLP

275 Madison Avenue
Floor 24
New York, NY 10016 Visit website

Details

Kevin J. O’Brien is an experienced trial lawyer and former Assistant U. S. Attorney, who specializes in white-collar criminal defense, commercial and securities litigation on behalf of plaintiffs and defendants, regulatory enforcement cases, and arbitrations. He has been selected to 2020-2023 New York Metro Super Lawyers.

Kevin has tried over 25 court cases and numerous arbitrations to verdict. His most recent trial victory was in the 2019 Platinum Partners criminal case, in which Kevin and a team of Ford O’Brien Landy LLP lawyers obtained a judgment of acquittal across the board for former Platinum Chief Executive Officer Joseph SanFilippo after a nine-week trial. Mr. SanFilippo faced five felony counts for alleged securities fraud, investment adviser fraud, and conspiracy. Thanks to the efforts of Kevin and Ford O’Brien Landy LLP, he was acquitted on all counts and walked out of court a free man.

After his acquittal Mr. SanFilippo wrote that hiring Ford O’Brien Landy LLP “was the best and most important decision in my life. The stakes were high, but having Kevin, and his team, in my corner gave me the confidence to fight for what I believed in. Kevin’s experience and expertise really shined through during the course of a long trial. His ability to command the courtroom and more importantly to connect with the judge and jury really came through in his oral arguments and witness examinations. Kevin fought for me like he would fight for a close family member.”

For more on Mr. SanFilippo’s acquittal, please see Kevin’s article, “The Platinum Case: How One Defendant Lost Even Though He Won.”

Kevin’s other trial victories include United States v. Michael Rigas, a massive criminal securities-fraud case, where Kevin as co-counsel obtained an acquittal verdict on some counts and a hung jury on the remainder, following a six-month jury trial; Central Illinois Public Service v. Allianz, et al., in which he won a $100,000,000 jury verdict for a public utility against several insurance companies following a three-month trial; State of New York, et al. v. Manhattan Eye, Ear & Throat, in which he succeeded in blocking the sale of a hospital on behalf of a large hospital corporation; and commercial arbitration awards totaling in excess of $30 million.

In addition to his trial practice, Kevin has successfully represented clients facing criminal grand jury investigations and potential enforcement action by the SEC, FINRA, the FDA, the FDIC, and other regulatory organizations. He also has represented individuals and institutions in commercial litigation involving mortgage-backed securities, debt restructuring, commercial realestate disputes, and investment banking fees, among other matters. Kevin’s practice also includes FINRA customer-member arbitrations.

Kevin was previously a litigation partner at Dechert LLP, and a name partner at Harris, O’Brien, St. Laurent & Chaudhry, LLP. He began his career as an Assistant U.S. Attorney in the Eastern District of New York, where he successfully tried several prominent public corruption cases. He has served as Chief Counsel to the New York State Commission on Government Integrity; and as Associate Independent Counsel in the Office of Independent Counsel in Washington, D.C. Kevin has also devoted significant time to pro bono representation, including a successful appeal of a death penalty sentence to the Supreme Court of Pennsylvania. He is a graduate of Harvard College, summa cum laude; Balliol College, University of Oxford; and Harvard Law School.

Kevin is a frequent lecturer and author and has been published in the National Law Journal, the New York Law Journal, Law360, the Legal Times of Washington, and other legal publications. He has lectured for the Practicing Law Institute and other organizations on criminal defense, securities law and business law topics. His most recent article is “SEC’s Whistleblower Amendments are a Step Backward,” Law360 (Oct. 1, 2020).

Kevin is also the author of a book, The Art of the Campaign: How Lincoln Won the Lincoln-Douglas Debates, published by Amazon in 2013.

Kevin is admitted to the bar of New York.

Practice areas

Criminal Defense: White Collar, Securities Litigation, Business Litigation

Focus areas

Criminal Law - Federal, Trade Secret, White Collar Crime

  • 50% Criminal Defense: White Collar
  • 30% Securities Litigation
  • 20% Business Litigation

First Admitted: 1980, New York

Professional Webpage: https://www.fordobrien.com/attorney/kevin-j-o-brien/

Bar/Professional Activity:
  • Partner at Ford O'Brien Landy
  • Harris, O’Brien, St. Laurent & Chaudhry, LLP, Name Partner
  • Office of Independent Counsel, Washington, D.C., Associate Independent Counsel
  • Dechert LLP, Litigation Partner
  • New York State Commission on Government Integrity, Chief Counsel
  • U.S. Attorney's Office for the Eastern District of New York, Assistant U.S. Attorney
  • Eastern District of New York
  • Southern District of New York
  • New York Bar
Verdicts/Settlements (Case Results):
  • NY FIRM’S INTERVENTION IN OZY COVERAGE FIGHT GETS UPHELD | LAW360 https://www.law360.com/articles/1769202/ny-firm-s-intervention-in-ozy-coverage-fight-gets-upheld, 2023
  • United States v. Joseph SanFilippo, 2019
  • BREAKING: 2 Former Platinum Execs Convicted Of Fraud, Ex­CFO Walks https://www.fordobrien.com/BREAKING-2FormerPlatinumExecsConvictedOfFraudEx-CFOWalks-Law360.pdf, 2019
  • Ford O'Brien LLP Wins Complete Acquittal In Federal Criminal Case, https://www.prnewswire.com/news-releases/ford-obrien-llp-wins-complete-acquittal-in-federal-criminal-case-300884988.html, 2019
  • State of New York, et al. v. Manhattan Eye, Ear & Throat
  • United States v. Michael Rigas 
  • Michael Rigas Is Free for Now After Mistrial Is Declared https://www.nytimes.com/2004/07/10/business/michael-rigas-is-free-for-now-after-mistrial-is-declared.html
  • 186 Misc.2d 126 Supreme Court, New York County, New York. In the Matter of the MANHATTAN EYE, EAR & THROAT HOSPITAL, Petitioner, and Memorial Sloan Kettering Cancer Center et al., Intervenors, v. Eliot SPITZER, as Attorney General of the State of New York, Respondent, and Board of Surgeon Directors of the Manhattan Eye, Ear & Throat Hospital et al., Intervenors. Dec. 3, 1999. Manhattan Eye, Ear & Throat Hosp. v. Spitzer, 186 Misc. 2d 126, 715 N.Y.S.2d 575 (Sup. Ct. 1999)
  • Central Illinois Public Service v. Allianz, et al.
Representative Clients:
  • The firm, which represented the now-defunct media company in underlying actions that gave rise to the coverage dispute, scored a nearly $1.3 million default win against Ozy in June. Ford O'Brien sued Ozy in December, a month after ending its representation of the company, seeking to recover legal fees because the company was not fully paying for its services. Read more at: https://www.law360.com/articles/1769202/ny-firm-s-intervention-in-ozy-coverage-fight-gets-upheld?copied=1, 2023
  • The Firm is representing clients that have been sued in the Eastern District of New York  for alleged distribution of counterfeit HIV medications.  Case 1:22-cv-01983-BMC Janssen Sciences Ireland Unlimited Company et al v. Safe Chain Solutions, LLC et al, 2024
  • NYGA Investigation of client Yosef Baras. Working with Dechert LLP which represents Asisa Urgent Care. Matter is currently under investigation., 2023
  • OZY MEDIA INC., 2022
  • Amy Elliot, 2019
  • Joseph SanFilippo, 2019
Honors/Awards:
  • Business Litigation, 2023 New York Metro Super Lawyers, Super Lawyers
Educational Background:
  • Harvard College, A.B. summa cum laude, 1974
  • Ballioli College, University of Oxford, England, M.Phil, 1976
Scholarly Lectures/Writings:
Firm News (Newsletters):
  •    From: Ford O'Brien Landy LLP [email protected]Subject: 2023 Year In Review: Ford O’Brien Landy LLPDate: December 22, 2023 at 9:44 AM                  2023 Year in ReviewThis year at Ford O’Brien Landy LLP, we had the honor of representing international and domestic clients across a diverse array of business sectors in complex and novel matters. Together, we achieved groundbreaking victories and helped shape the law. We are grateful to our clients, whose trust and collaboration have been instrumental in our accomplishments.  2023 Significant Cases in the Press1: Victory in SEC v. Govil Greatly Limits SEC’s Disgorgement Power  The firm brought an appeal to the Second Circuit on behalf of Aron Govil, the defendant in an SEC enforcement action. In the appeal, we argued that the district court’s disgorgement order should be vacated because the SEC failed to show actual injury to investors and that the resulting order therefore violated traditional equitable limitations, and that disgorgement must be limited to victims who suffered pecuniary harm from a defendant’s fraud. In a groundbreaking ruling, the Second Circuit agreed, which was not only a win for our client, but also reset the rules in SEC enforcement actions going forward by making sure that the SEC’s efforts actually help the investors they are law-bound to protect.  Read article: Law360 2: Unsanctioned Russian Billionaire Challenges Wrongful Seizure and Asserts his Ownership of $300 Million Motor Yacht Amadea  The firm represents a foreign individual whose yacht was unlawfully seized by the U.S. government as the result of a politically-motivated and hastily-conducted investigation. The vessel was seized in Fiji in June 2022 and is currently docked in San Diego, with taxpayers paying the high monthly maintenance bills. A year and a half later, the U.S. government is now seeking forfeiture of the yacht, alleging that it is   owned, not by our client, but by a different sanctioned Russian. We have recently filed a claim challenging the forfeiture and seeking the return of the €300 million vessel to its rightful owner. The case is pending in the Southern District of New York.  Read article: Forbes Read article: CBS83: Money Laundering Charges against Meme Stock Trader Eddie Constantin Dismissed  The firm represents Edward Constantinescu, the so-called “meme stock” trader who was indicted on securities fraud and money laundering charges alleging that he used Twitter to engage in a pump- and-dump scheme. After we challenged the government’s flawed theories in court, the government voluntarily dismissed the money laundering charge. Our efforts also prevented the government from basing its prosecution on profit calculations that were misleadingly inflated by approximately $90 million in the criminal complaint, which served only to garner headlines. The case is pending in the Southern District of Texas.  Read article: Law360 4: Doctor Acquitted In 14 Patient Deaths Sues Health System for Malicious Prosecution following Acquittal  The firm represents Ohio doctor William Husel, who was acquitted of 14 murder counts related to his treatment of near-death patients, in a malicious prosecution suit against Trinity Health Corp. Trinity was the operator of the hospital where Husel worked. Husel was accused of ordering “lethal” doses of fentanyl for patients who were terminal and already actively dying. He was found not guilty after a criminal trial. The case is pending in the Eastern District of Michigan. A separate defamation lawsuit against Trinity is also pending in the Franklin County Court of Common Pleas, in Columbus, OH.  Read article: Seattle Times 5: Trial Set for July 2024 for Former Mozambique Finance Minister in $2B "Tuna Bond" Case  The firm represents Mozambique's former finance minister, Manuel Chang, who has been jailed for almost five years without trial over the $2 billion "tuna bonds" scandal. Chang spent most of this time in a South African prison, mostly in solitary confinement without proper medical care, before finally being extradited to the United States.  We have moved to dismiss the charges against him, arguing that the U.S. violated his constitutional right to a speedy trial. The case is pending in the Southern District of New York.  Read article: Law360 2023 Awards, Recognitions, and EventsJune 1, 2023: Ford O’Brien Landy LLP expanded to Miami, with the hiring of partner Gabriela M. Ruiz.  July 24, 2023: Ford O’Brien Landy LLP hosted a luncheon at our new Miami office for a presentation organized by the Women’s White Collar Defense Association titled “Lessons From The Trial Trenches,” given by Margot Moss and Katherine Miller, during which they discussed their recent trial victory in the Andrew Gillum case.          July 2023: Gabriela M. Ruiz, a Partner at Ford O’Brien Landy LLP, was selected this year to Latinvex’s new ranking of Latin America’s Top 100 Lawyers. Latinvex singles out the top foreign lawyers in Latin America.  Read more August 2023: Gabriela M. Ruiz, a Partner at Ford O’Brien Landy LLP, was ranked by Chambers in 2024 for Latin America International Counsel Corporate Crimes & Investigations.  Read more August 2023: Ford O’Brien Landy LLP was named a “Best Law Firm” in the 2024 Best Lawyers edition. Austin-based Partner Mike Piazza, Austin-based Associate Julian Alejandro Rios, New York-based Associate (now Counsel) Stephen Halpin, former Associate Nicolette Beuther, and Associate Bryan McCracken were all selected as “Best Lawyers” and “Ones to Watch.”  Read More     September 2023: Ford O’Brien Landy LLP attorneys Adam C. Ford, Robert S. Landy, Kevin J. O'Brien, Matthew Aaron Ford and Nicolette Beuther were selected as 2023 New York Metro Super Lawyers and Rising Stars. This list, curated by Super Lawyers, a part of Thomson Reuters, recognizes excellent lawyers across 70+ practice areas. The selection involves a rigorous patented process, including peer nominations, independent research, and evaluations from a distinguished panel of lawyers.  Read more November 2023: Ford O’Brien Landy LLP was ranked in the 2024 Chambers Regional Spotlight Guide in New York City for White Collar Crime & Government Investigations.  Read more      For further information contact: Ford O'Brien Landy LLP 275 Madison Avenue, 24th Floor New York, NY 10016 Tel: + 1 (212) 858-0040[email protected] Website: www.fordobrien.comLinkedIn: https://www.linkedin.com/in/ford-o-brien-llp-995a5b110Facebook: https://www.facebook.com/Ford-OBrien-LLP-1084508568239782/ Twitter: https://twitter.com/fordobrienlaw  Attorney Advertising. Prior results do not guarantee a similar outcome. Ford O'Brien Landy LLP is a limited liability partnership formed in the State of New York. MEDIA CONTACT: Katherine Jaskot, Esq. Phone: (212) 858-0040 Email: [email protected]Logo - http://photos.prnewswire.com/prnh/20160412/354634LOGO    , 2023: YEAR IN REVIEW
Industry Groups:
  • Business
  • Corporate
  • Financial Institutions
  • Hedge Funds
  • Partnerships
  • Securities

Office location for Kevin J. O'Brien

275 Madison Avenue
Floor 24
New York, NY 10016

Phone: 212-444-4892

Selections

5 Years Super Lawyers
  • Super Lawyers: 2020 - 2024

Attorney resources for Kevin J. O'Brien

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