Attorneys > Search

John  E.  Kelly
Member
Washington, D.C.
P:(202) 827-2953
F:(202) 478-0349
E-mail John E. Kelly
vCard

Education
University at Buffalo Law School, State University of New York - J.D., 1995
University of Rochester - B.A., 1992

Bar Admissions
District of Columbia, 2009
New York, 1996

Memberships
American, District of Columbia and New York State Bar Associations
American Health Lawyers Association - Fraud and Abuse Practice Group, Enforcement Committee

Honors & Distinctions
"Cooperative Achievement Award," Department of Health and Human Services, Office of Inspector General
"Director's Award for Superior Performance in Public Service," Executive Office for United States Attorneys



John Kelly joined Bass, Berry & Sims in January 2012 and is Managing Partner of the firm’s Washington D.C. office. He has extensive experience with complex federal and state investigations and litigation in matters related to healthcare fraud and abuse, the False Claims Act, white collar crime, the Foreign Corrupt Practices Act, and regulatory and compliance issues. He also has experience in matters involving allegations of insurance fraud, securities and accounting fraud, mail and wire fraud, bank fraud, and money laundering. John’s practice spans across a number of industries with a particular emphasis on healthcare and life sciences.

John began his career as a federal prosecutor with the Department of Justice where he held a number of leadership positions, including serving in the Criminal Division’s Fraud Section as the Assistant Chief for Health Care Fraud. In that role, John focused on investigating and prosecuting healthcare fraud matters nationwide. During his service in the Health Care Fraud section, John was selected to direct the Department of Justice’s Medicare Fraud Strike Force in Los Angeles, California. His experience in healthcare fraud cases covers a range of trials and investigations involving violations of the Anti-Kickback Statute, the False Claims Act, and anti-money laundering prohibitions. He also served as the Chief of Staff and Deputy Director of the Executive Office for U.S. Attorneys, where he worked closely with senior leadership within the 94 U.S. Attorneys' Offices, the Department of Justice, and various federal agencies including HHS-OIG, FBI, and DEA. Prior to joining DOJ, John gained extensive trial experience as an Assistant United States Attorney in New York State.

John is a frequent speaker and writer on topics related to healthcare fraud and abuse, compliance programs, and the FCPA. He has been invited to speak at conferences and seminars nationwide. In addition, John was a regular instructor at the Department of Justice’s national training center lecturing on trial advocacy, criminal procedure, demonstrative evidence, ethics, and healthcare fraud. He was selected by the Justice Department to teach trial advocacy and criminal procedure to judges and prosecutors in Armenia and Azerbaijan.

Publications
  • Co-author, "Smith & Nephew's $22 Million Settlement Highlights Medical Device Industry's FCPA Risk," AHLA Fraud & Abuse Email Alert, February 13, 2012
  • Co-author, “KV Pharmaceutical Reaches $17 Million False Claims Act Settlement,” AHLA Fraud and Abuse Email Alert, December 19, 2011
  • Co-author, "The FCPA's Increasingly Global Reach," Law360 Competition, May 19, 2011 
  • Co-author, "Safely Navigating the Surge of M&A Activity: Pre-Acquisition Corruption Due Diligence," ILO Newsletter, Globe Business Publishing Ltd., January 24, 2011 
  • Co-author, "The Effect of Sentencing Guidelines Amendments," Law360, December 2010
  • Co-author, "Amendments to Organizational Sentencing Guidelines Take Effect," ILO Newsletter, Globe Business Publishing Ltd., November 15, 2010 
  • Co-author, "Foreign Corrupt Practices Act Pharmaceutical investigation Expands," ILO Newsletter, Globe Business Publishing Ltd., August 31, 2010
  • Co-author, "DOJ Issues Guidance on Government-Compelled Grants," ILO Newsletter, Globe Business Publishing Ltd., August 16, 2010
  • Co-author, "French Issuer Pays $338 Million in Fines and Disgorgement for FCPA Violations," ILO Newsletter, Globe Business Publishing Ltd., July 26, 2010 
  • Co-author, "The Foreign Corrupt Practices Act The Healthcare Industry is Under the Microscope," AHLA's Practice Group Report: International Healthcare Update, April 13, 2010 
  • Co-author, "Guilty Plea Highlights Increased FCPA Enforcement in 2010," ILO Newsletter, Globe Business Publishing Ltd., April 6, 2010
  • Co-author, "FCPA Enforcement Update. DOJ Targets Health Care Companies," National Association of Criminal Defense Lawyers, The Champion Magazine, March 2010
  • Co-author, "Interim Final Rule Creates New Penalties for HIPAA Violations," HCCA Compliance Today, Volume 12, No. 3, March 2010 
  • Co-author, "Foreign Corrupt Practices Act Enforcement: DOJ Targets Healthcare Industry," ILO Newsletter, Globe Business Publishing Ltd„ February 1, 2010 
  • Co-author, "Largest Single Action Against Individuals in Foreign Corrupt Practices Act History," ILO Newsletter, Globe Business Publishing Ltd., February 1, 2010
  • Co-author, "Fines for UTStarcom for Violating Corrupt Practices Act," ILO Newsletter, Globe Business Publishing Ltd., January 25, 2010 
  • Co-author "The Impact of Law Enforcement Trends and Legislative Reform on the Health Care Industry," BNA's Health Care Fraud Report, Vol. 13., No. 24, P. 971-74, December 16, 2009 
  • Co-author, "Former U.S. Representative William Jefferson Sentenced to 13 Years' Imprisonment," ILO Newsletter, Globe Business Publishing Ltd., December 7, 2009
  • Co-author, "Pharmaceutical Companies Receive Foreign Corrupt Practices Act Warning," ILO Newsletter, Globe Business Publishing Ltd., November 2009
  • Co-author, "Importance of Effective Anti-corruption Programmes," ILO Newsletter, Globe Business Publishing Ltd., November 9, 2009

Presentations
  • "Managing Regulations Impacting Post-Approval Research In An International Landscape" Q1 Productions' Post-Approval Research Conference: Design, Execution & Outcomes, October 22-23, 2012
  • Co-presenter, "FCPA - Keeping Your Board on the Straight and Narrow," 9th Annual Boardroom Summit, October 5, 2012
  • "How to Implement Effective Internal Controls to Prevent Corrupt Behavior and Minimize the Risks of Third Party Bribes in Foreign Clinical Research," ACI 6th Annual Conference on FCPA and Anti-Corruption for the Life Sciences Industry, May 9, 2012
  • "Medico-Legal Ethics of Off-Label Use of Pharmaceuticals and Devices," Nashville Council of Health Care Attorneys meeting, May 8, 2012
  • "Healthcare Fraud and Abuse: Preparing for an Investigation and Financial Ramifications," 9th Annual World Health Care Congress, April 17, 2012
  • "Physician Owned Distributorships: A Controversial Business Model," ABA Health Law Section's Conference on Emerging Issues in Healthcare Law, February 24, 2012
  • Co-panelist, "What’s Ahead for 2012: The OIG Work Plan and Health Care Enforcement Trends," DC Bar Association event, February 22, 2012
  • "Off-Label Promotion: Recent Enforcement Actions," Q1 Productions Medical Device Regulatory Clearance & Approval Conference, December 9, 2011
  • Co-presenter, "Hot Topics in Healthcare: Privacy, Antitrust and Fraud," Webinar, December 2011
  • "Corporate and Individual Risk Mitigation when Responding to a Government Inquiry/Investigation," CBI 13th Annual Guidelines for Disseminating Off-Label Information, October 17, 2011
  • Co-presenter, "A Primer on Foreign Corrupt Practices Act and Anti-Corruption Issues for Healthcare and Life Science Companies, Part III: Defensive Strategies in Conducting an FCPA Compliance Investigation and Responding to a Government Inquiry," American Health Lawyers Association webinar, July 14, 2011 
  • Co-presenter, "Legislative Hot Topics," Compliance in Action: Ethics and Compliance Issues for In-House Counsel in the Energy Sector, Houston, TX, June 9, 2011 
  • Co-presenter, "Compliance Investigations," and "Stark, Anti-Kickback and False Claims Act Basics," Legal Issues Boot Camp for Compliance Professionals, Houston, TX, June 7-8, 2011 
  • Co-panelist, "A Primer on Foreign Corrupt Practices Act and Anti-Corruption Issues for Healthcare and Life Science Companies, Part II: Establishing Compliance Controls to Minimize FCPA and Anti-Corruption Risks for Healthcare and Life Science Companies," American Health Lawyers Association webinar, June 1, 2011 
  • Co-panelist, "A Primer on Foreign Corrupt Practices Act and Anti-Corruption Issues for Healthcare and Life Science Companies, Part I: FCPA and Anti-Corruption 101 for Healthcare and Life Science Companies," American Health Lawyers Association webinar, May 11, 2011 
  • Co-panelist, "FCPA: Critical Issues and Best Practices for Life Sciences Companies," Web Seminar, April 14, 2011 
  • "Fraud and Abuse Enforcement Trends in Health Care," Health Law Symposium, Houston, TX, February 2011 
  • Co-panelist, "Minimizing FCPA Risk when Conducting Clinical Trials Abroad at State-Run Hospitals and Trial Sites," Managing Legal and Regulatory Risks in Structuring and Conducting Clinical Trials, American Conference Institute, Philadelphia, PA, January 2011 
  • Co-panelist, "Overcoming Legal Obstacles to Implementation," National Forum on Clinical Integration, American Conference Institute, Washington, DC, November 2010 
  • Co-panelist, "Developing a Critical Action Plan," Government Investigations for Life Sciences, American Conference Institute, Philadelphia, PA, September 2010
  • Co-panelist, "Spotlight on Enforcement: New Trends Triggering Off-Label Investigations," American Conference Institute, Philadelphia, PA, July 2010 
  • Co-panelist, "Preparing for Shifting FCPA Enforcement Trends and New Government Investigation Techniques in the Life Sciences Industry," American Conference Institute, New York, NY, May 2010 
  • Co-panelist, "Health Care Reform Fraud and Abuse and Enforcement Initiatives," national web seminar, April 2010 
  • Co-panelist, "Insights on Recent Government Investigative and Enforcement Initiatives in the Medical Device Industry," American Conference Institute, Chicago, IL, April 2010 
  • Co-panelist, "Conducting an Internal Investigation and Effectively Responding to the Government," American Conference Institute, New York, NY, March 2010 
  • Co-panelist, "FCPA: The Critical Issues Facing the Medical Device and Pharmaceutical Industries," KPMG ShareForum, Washington, DC, March 2010 
  • "The Foreign Corrupt Practices Act in the Health Care Industry," audio conference, Health Ethics Trust, Washington, DC, March 2010 
  • "Healthcare Reform and Enforcement and its Impact on Compliance," Best Compliance Practices Forum, Health Ethics Trust, October 2009 
  • Co-presenter, "2009 Health Law Educational Program: The Government Strikes: Responding to Searches and Investigations," national web seminar, September 2009 
  • Co-presenter, "Crisis Management in the Healthcare Setting: A Case Study,'' national web seminar, September 2009 
  • "Fraud and Abuse the Sale and Marketing of Drugs," American Conference Institute, New York, NY, April 2009 
  • "FCPA Compliance: What You Don't Know Can Hurt You," AdvaMed Conference, national web seminar, April 2009 
  • "Fraud and Compliance in the Hospital / Physician Setting," Health Care Financial Management Association, Dallas, TX, January 2009 
  • Co-panelist, "Enforcement and Compliance Roundtable," American Bar Association's Washington Health Care Summit, Washington, DC, November 2008
  • "Selecting a Jury in Health Care Fraud Trials," National Advocacy Center, Columbia, South Carolina, March 2008
  • Co-panelist, "Managing Legal Risks in Clinical Trials," American Conference Institute, New York, New York, February 2008
  • "Legal Issues in Health Care Fraud," National Health Care Anti-Fraud Association, Chicago, Illinois, July 2007

Outside of work, John enjoys playing basketball, scuba diving, reading, and spending time with his family.