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, "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
"Physician Owned Distributorships," 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, Antritrust 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.