James M. Keneally
  Partner, New York
   
     
  Practice Areas:
Litigation
White Collar Crime and Investigations
 
     
 
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Phone: (212) 808-5018 Fax: (212) 808-7897
Email: jkeneally@kelleydrye.com
vCard: 
 
Mr. Keneally has defended individuals, corporations, partnerships, and professional associations before the SEC, NASD (now FINRA), federal courts throughout the country, and in the state courts of New York. Current and former employees of leading financial services, telecommunications, manufacturing, pharmaceutical, consumer goods and other companies have relied on Mr. Keneally for defense against charges ranging from accounting and tax fraud, mail and wire fraud, securities fraud, money laundering, antitrust violations and other alleged criminal behavior.

Mr. Keneally has been integrally involved in the representation of numerous individuals who have been witnesses, subjects and targets in criminal investigations and has successfully helped them avoid prosecution. Mr. Keneally has also represented parties in commercial litigation matters which are related to or grow out of criminal or regulatory proceedings.
 
Representative Experience:
Representing a former officer of a major financial institution in the Enron multidistrict litigation pending before the Honorable Melinda Harmon in Federal District Court in Houston.

Representing individuals involved in the KPMG and Deutsche Bank tax shelter investigation in the Southern District of New York.

Representing an individual involved in the Bristol Myers-Squibb investigation in the District of New Jersey.

Successfully defended at trial in state court and obtained an acquittal of a major accounting firm partner accused of assaulting a small child.

Defended Ana Marie Santi at trial in state court, who was accused of practicing medicine without a license. While Mrs. Santi was found guilty by the jury, Mr. Keneally was able to obtain for her a sentence of probation.

Won the acquittal of Carlton Stewart at a jury trial before the Honorable Denny Chin of the United States District Court for the Southern District of New York. In a multi-defendant indictment, Mr. Stewart had been charged with conspiring to ship stolen cars from New York to western Africa.

Defended an individual at trial before the Honorable Richard Berman of the Southern District of New York in United States v. Rastogi, et al. Defendant was accused, along with several other individuals, of being part of a wide-ranging conspiracy by which Allied Deals fraudulently obtained financing from financial institutions and then laundered the money through sham corporations.

Defended Jesse Bailey in a homicide trial before the Honorable Denise Cote of the Southern District of New York.

Assisted in the trial of Robert Ike George, an individual from Ghana charged with Immigration fraud. Successfully argued Mr. George’s appeal before the Second Circuit and gained a reversal of his conviction (the Second Circuit later reversed its decision in an en banc opinion).

Represented and obtained a probationary sentence for an individual before the Honorable Loretta Preska in the Southern District of New York. Client had been charged along with his employer, an art dealer, of taking part in a complex, multi-million dollar fraudulent art conspiracy which involved the sales of fake paintings of well-known artists to customers in the Far East.

Represented an individual before the Honorable John Martin of the Southern District of New York, who had been charged with being part of a wide-ranging automobile theft and “chop shop” ring which was believed to have ties to organized crime figures. Obtained substantial downward departure from the defendant’s guidelines sentence.

Represented individuals involved in the Schering-Plough investigation in the Eastern District of Pennsylvania.

Represented several employees of a major financial institution who were called to testify in the grand jury investigation that was conducted by the Enron Task Force in Houston.

Represented an individual who was a target of then-Attorney General Spitzer’s investigation of the insurance brokerage industry.

Represented several employees of Computer Associates in connection with the investigation of that company by the Eastern District of New York and subsequent prosecution of its senior management.

Represented individuals employed by a major auto retailer being investigated by the Department of Justice’s Antitrust Division for its pricing practices.

Represented an individual in a “whistleblower case,” who worked for a firm that provided financial advice to fashion models that was defrauding its clients. Partly through Mr. Keneally’s representation, the individuals responsible for the fraud were prosecuted and the victims were able to recoup at least part of their losses.

Represented numerous officers, directors and employees of major financial institutions and public companies in regulatory matters before the SEC and other agencies.
 
Professional Activities:
Director of the Federal Bar Foundation
 
Publications:
"Revisions to the DOJ's Guidelines on Corporate Prosecutions: The Last Word?" Andrews White Collar Crime Reporter, October 2008.

"Draconian Consequences of the DPA," New York Law Journal, July 21, 2008.

"United States v. Collins: When the Lawyer is Charged," New York Law Journal, March 21, 2008.

Co-Author with Alan R. Kaufman, "Theft of Information and Securities Laws," New York Law Journal, January 24, 2008.
 
Prior Positions:
Associate and Partner, Buchwald & Kaufman, 1988-2007
Associate, Summit Rovins & Feldesman, 1986-1988
Associate, Law Firm of Michael J. Siris, 1984-1986
 
Bar Admission:
New York
 
Education:
University of Buffalo Law School, JD, 1982
Editor, Buffalo Law Review
Stony Brook University, BA, 1979
 
Office Location:
101 Park Avenue
New York, NY 10178-0002