Fulbright & Jaworski L.L.P.
As a partner of Fulbright & Jaworski L.L.P. in New York, Kathy Keneally has over twenty-five years of experience in representing clients in tax controversies, white collar criminal defense, and commercial litigation. Chambers USA: America's Leading Lawyers for Business, recently described her as "a real star; thoughtful, dedicated and a superb client representative" with "a good set of strategies, especially in understanding the underlying technical and financial issues."
Ms. Keneally has represented financial institutions, public and private corporations and individuals in commercial litigation matters, in addition to representing individuals and companies in federal, state and local tax proceedings, sensitive criminal investigations, trials and appeals. She has defended in trial and in investigations an array of corporate and individual clients in cases involving complex financial matters, including tax controversy, tax fraud, money laundering, currency transaction reporting, securities fraud, bank fraud, false statements, RICO and issues under the U.S. Sentencing Guidelines.
Ms. Keneally began her legal career in 1982 as the law clerk for the Honorable Edward R. Neaher, U.S. District Judge for the Eastern District of New York. For several years prior to joining the firm, Ms. Keneally was a partner of the firms of Kostelanetz Ritholz Tigue & Fink and Kostelanetz & Fink LLP.
- Lead trial counsel in precedent-setting Tax Court case holding that the transfer of an interest in a single member LLC should be treated as a gift for tax purposes
- Lead trial counsel for case in which the Tax Court upheld the gift tax treatment of membership interests in family partnership
- Obtained a full concession in an IRS examination of a prominent athlete after the IRS had initially proposed disallowing deductions and asserting additional income that would have totaled several million dollars in liability.
- Headed team representing over one hundred high net worth individuals before the Internal Revenue Service relating to investments in "listed transactions," including presentations to the IRS personnel drafting a global settlement initiative, representation before IRS Examination and Appeals and guidance to taxpayers concerning settlement proposals
- Negotiated the release of more than $50 million in bank accounts that had been frozen by the United States under civil forfeiture statutes
- Obtained a concession by the United States of error on appeal in which the Government acknowledged breach of a plea agreement under the U.S. Sentencing Guidelines
- Obtained the dismissal of a lender liability action for a major financial institution
- Obtained agreements not to prosecute pursuant to IRS voluntary disclosure policy
- Obtained the concession of error by the Internal Revenue Service following the commencement of a wrongful levy action in U.S. District Court
- Obtained the voluntary dismissal of claims by the IRS in a Tax Court case that involved the tax liabilities of related U.S. and foreign entities
- Negotiated with the IRS for a satisfactory civil resolution of corporate, personal and income tax liability that resulted from omitted income and a cash payroll
- Successful defense of a professional representative accused of fraud and RICO violations in connection with the estate of reggae performer Bob Marley through trial and verdict
- Member of trial team that obtained acquittal of Imelda Marcos on RICO charges
- American College of Tax Counsel
-
American Bar Association
-
Taxation Section
- Vice Chair, Committee Operations (2010 - 2012)
- Council Director (2007 - 2010)
- Liaison to the Director of the Office of Professional Responsibility
-
Civil and Criminal Tax Penalties Committee
- Chair (2001 - 2003)
-
Standards of Tax Practice Committee
- Chair (2005 - 2007)
- Employment Taxes Committee (1994 - current)
-
Taxation Section
- Co-Chair, National Institute on Criminal Tax Fraud (2010 - current)
- Co-Chair, National Institute on Tax Controversy (2011)
-
New York City Bar Association
- Taxation of Business Entities Committee (2008 - 2009)
- Criminal Courts Committee (2004 - 2007)
- Litigation Committee (1993 - 1999)
- National Association of Criminal Defense Lawyers, Life Member
- New York Council of Defense Lawyers
- Practitioners' Advisory Group of the U.S. Sentencing Commission (1993 - 2008)
- The Wong Sun Society of San Francisco and Miami
- Chambers USA: America's Leading Lawyers for Business, Tax Controversy, Tax Fraud, New York Tax
- Legal 500, Recommended in Tax Controversy
- "Super Lawyer," Criminal Defense: White Collar, New York; Top Fifty Women Lawyers in New York
- Who's Who in American Law, in America, and in the World
- "The Thurgood Marshall Award," in recognition of exemplary service to the cause of justice in the United States, awarded by the Association of the Bar of the City of New York
- "New IRS Holistic Audit Program," Trust & Estates, co-author, July 2010
- "The Tax Man Cometh," The New York Law Journal, White-Collar Crime, February 2010
- "Eager for the Battle," Careers in Tax Law, ABA Section of Taxation, 2009
-
"White Collar Crime," Columnist and Member of Advisory Board, The Champion, the magazine of the National Association of Criminal Defense Lawyers, January 1996 - current.
Recent columns include:- "FCPA Enforcement Update: DOJ Targets the Health Care Industry," co-author, March 2010
- "Textron and Work Product Immunity: The First Circuit Makes Bad Law," November 2009
- "The Next Wave: Finding the Line Between Puffery And Securities Fraud," co-author, July 2009
- "The Second Circuit's Decision in U.S. v. Stein: The End of the Holder-Thompson-McNully Era," November 2008
- "Supreme Court Holds Prosecution to the Elements of the Crime," June 2008
- "Bells Tolling for Selective Waiver," April 2008
- "Aggressive Enforcement Of the Foreign Corrupt Practices Act," January-February 2008
- "Important Lessons in the Attorney-Client Privilege For Corporate Counsel," November 2007
- "Ethical Considerations in Seeking the Truth," co-author, August 2007
- "Responding to Government Leaks," co-author, June 2007
- "The Threat to a Witness's Right To Counsel," co-author, April 2007
- "Courts Push Back Against More Aggressive IRS Tactics," co-author, November 2006
- "Foreign Corrupt Practices Act: Growing Teeth," co-author, August 2006
- "Defining and Defending Obstruction Charges in the Wake of Arthur Anderson and Quattrone," co-author, June 2006
- "Tax Crimes: More Aggressive Government Policies and Practices," co-author, April 2006
- "New Life For Selective Waiver," co-author, January-February 2006
- "The KPMG Deferred Prosecution: Warning Flags for Defense Rights," co-author, November 2005
- "Keeping The Government To Its Promises Again," June 2005
- "Destruction of A Business By The Destruction Of Documents," January-February 2005
- "Some of the Distortions to Justice Caused by the Sentencing Guidelines," August 2004
-
"Practice," Journal of Tax Practice & Procedure, Columnist and Member of Advisory Board, CCH, Inc., May 1999 - current
Recent columns include:- "Final Uncertain Tax Positions Filing Requirements: IRS Addresses Key Concerns," co-author, October-November 2010
- "Basic Audit Techniques: Taxpayer Interviews," co-author, August-September 2010
- "Holistic Audits: The Price of Being Rich," co-author, June-July 2010
- "The IRS Takes a Controversial Position on Uncertain Tax Positions," co-author, April-May 2010
- "IRS Return Preparer Strategy: Leveraging Limited Tax Enforcement Resources Through the Registration and Education of the Return Preparer Community," co-author, February-March 2010
- "Epilog: The IRS Penalty Memos and the Voluntary Disclosure of Offshore Accounts," co-author, December 2009-January 2010
- "Textron and Work Product Immunity: A Misguided Decision," co-author, October-November 2009
- "Meet the New Director of the Office of Professional Responsibility: An Interview with Karen L. Hawkins," co-author, August-September 2009
- "Continuing IRS Guidance for the Voluntary Disclosure of Offshore Accounts," co-author, June-July 2009
- "The End of an Era: The IRS Closes in on Offshore Bank Accounts," co-author, April-May 2009
- "Textron Affirmed: Dual Purposes-Financial Reporting and Anticipating Litigation-Will Not Defeat the Work Product Privilege... in the First Circuit," co-author, February-March 2009
- "Undisclosed Foreign Bank Accounts Make Recent News," co-author, December 2008-January 2009
- "United States v. Stein: The Second Circuit Affirms! " co-author, October-November 2008
- "Liechtenstein Accounts, German Spies and Now the IRS?" co-author, June-July 2008
- "Supreme Court Emphasizes Limits on Criminal Tax Enforcement: The Boulware Decision," co-author, April-May 2008
- "Worker Classification: IRS Launches Questionable Employment Tax Practice Initiative," co-author, February-March 2008
- "Currency Reporting Requirements: Everyone into the Pool!" co-author, June-July 2007
- "IRS Enforcement: The Pendulum has Swung Too Far," co-author, April-May 2007
- "Expedited Fraud Examinations: A Call for the Return to the Rack and Screw?" co-author, February-March 2007
- "The KPMG Tax Shelter Indictment: Misguided on the Merits," August-September, 2006
- "Nonfilers: The Next Enforcement Initiative," February-March 2006
- "Obstruction of Justice Offenses: Some Lessons from the Arthur Andersen Case," February-March 2005
- Co-author, "Fraud Offenses Under The Federal Sentencing Guidelines," Practice Under the Federal Sentencing Guidelines, American Bar Association, Criminal Justice Section, Prentice Hall Law & Business, 1998
- "The U.S. Prosecutes Foreign Tax Evasion As A Domestic Crime - With Far-Reaching Consequences," Journal of Taxation, April 1998
- "Civil and Criminal Tax Penalties and Monetary Offenses," course material in conjunction with the New York State Society of Certified Public Accountants/Foundation for Accountant Education
-
"Voluntary Disclosure, Structuring, Forfeitures and Criminal Tax," Panelist, Paramus, NJ, March 1, 2011
-
"Schedule UTP, Privilege, and Tax Risk Management: Preserving Privilege While Satisfying Tax Compliance," American Bar Association, Taxation Section, Boca Raton, FL, January 21, 2011
-
"Smokin' Hot Issues in IRS Enforcement," American Bar Association, Taxation Section, Boca Raton, FL, January 22, 2011
- "Hot Issues and Priorities in IRS Examination and Appeals," 27th ALI-ABA National Institute on Criminal Tax Fraud, San Francisco, CA, December 3, 2010
- "From the Experts: Tax Controversy and Tax Litigation Update," 69th Institute on Federal Taxation, New York University, New York, NY, October 17, 2010
- "Evasion, Avoidance, or What? Ethically Navigating the Modern Tax Fraud Case Post-UBS," 46th Annual White Collar Seminar, National Association of Criminal Defense Lawyers, New York, NY, October 1, 2010
- "Trends in Criminal Tax Enforcement - Exploring Recent Investigative and Trial Issues," 2nd Annual Tax Controversy Forum, New York University School of Continuing and Professional Studies, New York, NY, June 18, 2010
- "IRS Takes a New Approach with High Wealth Taxpayers: What You Need To Know," New York, NY, June 2, 2010
- "The Prosecution and Defense of Offshore Bank Accounts," Moderator, American Bar Association, CLE Teleconference & Live Audio Webcast, March 3, 2010, and American Bar Association, Taxation Section, San Antonio, TX, January 23, 2010
- "The Ever-Expanding Foreign Corrupt Practices Act: Risk Management, Due Diligence and Compliance Strategies," New York, NY, September 10, 2009
- "Dealing With an Uncooperative Client," American Bar Association, Taxation Section, Tax Link Live Teleconference & Live Audio Webcast, June 3, 2009
- "Light at the End of the Tunnel or an Ongoing Train - Special Civil Penalties and Voluntary Disclosures of Undeclared Accounts," American Bar Association, Taxation Section, New Orleans, LA, January 10, 2009
- "Emerging Issues in U.S. Foreign Corrupt Practice Act," New York, New York, March 14, 2008
- "Strategies and Techniques in Tax Controversy and in Tax Court Litigation," 66th Institute on Federal Taxation, New York University, New York, NY, October 21, 2007
- "Tax Shelter Prosecution Update," American Bar Association, Taxation Section, Lake Las Vegas, Nevada, January 19, 2008, Vancouver, Canada, September 29, 2007, and San Diego, CA, January 20, 2005
- "Ethics Lessons From the Shelter Wars: What All Practitioners Can Learn From the IRS's Increased Disciplinary and Criminal Enforcement Efforts," Moderator, 54th Annual Taxation Conference, University of Texas School of Law, Houston, TX, November 1, 2006
- "Document Retention & Discovery in an E-World: How to Avoid Ethical, Civil & Criminal Penalties," New York City Bar, New York, NY, January 19, 2006
- "The Impact of US v. Pasquantino," Panelist, American Bar Association, Taxation Section, San Francisco, CA, September 17, 2005
- "New Circular 230 Written Opinions and Advice Regulations," Panelist, American Bar Association, Taxation Section, Washington, D.C., May 21, 2005
- "The Tax Lawyer's Dilemma: The Intersection of Non-Enforcement and Ethics," Panelist, American Bar Association, Taxation Section, Orlando, FL, January 30, 2004
- "A View from Wall Street: Investor Relations Concerns in the Midst of High-Profile Litigation," Panelist, NorthStar Conference on Effectively Managing Public Relations for High-Profile Litigation, New York, NY, January 27, 2003
- "How to Keep Your Civil Employment Tax Case from Becoming a Criminal Matter," Moderator, American Bar Association, Taxation Section, Washington, D.C., May 15, 1998
- Faculty, Annual National Institute on White Collar Crime, American Bar Association, Criminal Justice Section, 1998, 1999, 2001, 2002, and 2003
- National Tax Practice Institute, Faculty, Las Vegas, NV, July 11-13, 2001
- "Civil and Criminal Tax Penalties and Monetary Offenses," Instructor, New York State Society of Certified Public Accountants/Foundation for Accountant Education, presented in New York, NY, November 14, 1995 and August 22, 1996
- "Civil and Criminal Liability: What The Accountant Needs To Know," Instructor, The Center for Professional Education, Inc., Saddle Brook, NJ, June 3, 1994; Clark, NJ, July 12, 1995; and Philadelphia, PA, October 20, 1994; May 1, 1995; and September 1, 1995
1993 - LL.M., Taxation, New York University School of Law
1982 - J.D., magna cum laude, Fordham Law School
1979 - B.S., Cornell University
While attending law school, Kathy was Associate Editor of the Fordham Law Review and received the Chapin Award for ranking first in her class.
She was admitted to practice law in New York in 1983.
- Carnegie Hall, Patron Supporter
- City Center, President's Council
- Museum of Modern Art, Fellow Supporter



