Danielle Giffuni

Counsel

Overview

Danielle represents individual, corporate, and institutional clients facing complex, high-stakes criminal and regulatory investigations initiated by the full slate of federal and state financial services regulators. Her understanding of law enforcement priorities and experience with agency officials enable her to develop sophisticated defense strategies and guide clients through the complex demands of regulatory investigations and criminal prosecutions.

Danielle has advised clients in investigations launched by the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), Office of Foreign Assets Control (OFAC), New York Department of Financial Services (NYDFS), Financial Industry Regulatory Authority (FINRA), and the offices of state attorneys general. She has also advised clients in numerous parallel actions conducted by federal and state officials.

Danielle has helped numerous clients avoid criminal charges and minimize penalties by conducting internal investigations, preparing voluntary self-disclosures, and cooperating with agency investigators and officials. In today’s era of rapid technological change and an increasingly mobile, connected workforce, she also helps clients understand recordkeeping and data-preservation obligations, issues surrounding the use of personal devices for business communications, and other emerging issues.

Among other matters, Danielle has defended allegations of market manipulation, securities fraud, insider trading, and obstruction of justice, as well as violations of U.S. economic sanctions, anti-money laundering laws and regulations, the Foreign Corrupt Practices Act (FCPA), the Bank Secrecy Act (BSA), and related anti-corruption and anti-bribery statutes.

Danielle also represents banks, private investment funds, broker-dealers and hedge funds—as well as their executives and traders—in investigations and enforcement proceedings arising under the federal securities and commodities laws.

In addition to her work on behalf of firm clients, Danielle is dedicated to helping ensure equal access to the law by providing pro bono counsel to indigent clients facing criminal prosecution. For her service, she received Crowell’s George Bailey Pro Bono Award in 2022.

Prior to joining Crowell, Danielle was a senior associate in the Financial Crimes Unit at PricewaterhouseCoopers. She also served as an assistant district attorney in the Frauds Bureau at the Kings County District Attorney’s Office in Brooklyn. Prior to law school, Danielle served as a paralegal specialist in the U.S. Attorney’s Office for the Southern District of New York from 2005 to 2007, as part of the office’s Securities and Commodities Fraud Task Force.

Career & Education

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    • University of Michigan, B.A., Political Science, 2005
    • Brooklyn Law School, J.D., 2010
    • University of Michigan, B.A., Political Science, 2005
    • Brooklyn Law School, J.D., 2010
    • New York
    • New York
  • Professional Activities and Memberships

    • Member, New York State Bar Association

    Professional Activities and Memberships

    • Member, New York State Bar Association

Danielle's Insights

Client Alert | 3 min read | 10.11.24

Private Fund Adviser Fined for Insufficient MNPI Controls as SEC Continues to Scrutinize Ad Hoc Committee Participants

On September 30, 2024, the SEC announced the settlement of an enforcement action against Marathon Asset Management, L.P. (Marathon) for failing to implement proper policies and procedures to prevent the misuse of material nonpublic information (MNPI).  The issue stemmed from Marathon’s participation in ad hoc creditors’ committees, where the firm inadvertently received MNPI through its consultants and advisers.  This enforcement action highlights the SEC’s intense focus on the participation by investors in ad hoc creditors’ committees and the importance of implementing robust MNPI controls when doing so....

Representative Matters

  • Defended a former chief AML/BSA Compliance Officer of a national financial institution in connection with an SDNY criminal investigation and civil enforcement action into alleged violations of the BSA. 
  • Defended a senior-level trader at an international financial institution in connection with a CFTC investigation of alleged market manipulation and fraud regarding swaps related to bond issuances. 
  • Represented a SaaS start-up company, its officers, and directors in connection with an SEC fraud investigation resulting from a whistleblower complaint. 
  • Represented a New York-based health system in connection with a District Attorney of New York (DANY) investigation into the nursing home’s response to the COVID-19 pandemic.
  • Represented a pool of current and former international bank employees in connection with inquiries, investigations, and proceedings conducted by the EDNY, NYDFS, and New York AG related to the Bank Secrecy Act and AML compliance issues. 
  • Represented a former government employee in dual investigations by the DOJ Civil Division and Office of Inspector General of the Department of Housing & Urban Development (HUD OIG) for a possible conflict of interest violation relating to the client’s former government employment. 
  • Represented a pool of senior underwriting managers in connection with DOJ Civil Division False Claims Act (FCA) investigation into mortgagor’s origination and underwriting loan practices. 
  • Represented a national health plan in an AG and Department of Labor (DOL) investigation under State Executive Law and the Employee Retirement Income Security Act (ERISA).
  • Represented a registered representative in a FINRA investigation regarding alleged misstatements. FINRA closed the investigation without filing an enforcement action. 
  • Represented registered investment advisor in connection with SEC enforcement investigation into supervisory and compliance practices. 
  • Represented an independent member of a board of directors in an investigation related to potential disclosure of non-public information. 
  • Represented an individual in an SDNY and SEC insider trading investigation.

Danielle's Insights

Client Alert | 3 min read | 10.11.24

Private Fund Adviser Fined for Insufficient MNPI Controls as SEC Continues to Scrutinize Ad Hoc Committee Participants

On September 30, 2024, the SEC announced the settlement of an enforcement action against Marathon Asset Management, L.P. (Marathon) for failing to implement proper policies and procedures to prevent the misuse of material nonpublic information (MNPI).  The issue stemmed from Marathon’s participation in ad hoc creditors’ committees, where the firm inadvertently received MNPI through its consultants and advisers.  This enforcement action highlights the SEC’s intense focus on the participation by investors in ad hoc creditors’ committees and the importance of implementing robust MNPI controls when doing so....

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Danielle's Insights

Client Alert | 3 min read | 10.11.24

Private Fund Adviser Fined for Insufficient MNPI Controls as SEC Continues to Scrutinize Ad Hoc Committee Participants

On September 30, 2024, the SEC announced the settlement of an enforcement action against Marathon Asset Management, L.P. (Marathon) for failing to implement proper policies and procedures to prevent the misuse of material nonpublic information (MNPI).  The issue stemmed from Marathon’s participation in ad hoc creditors’ committees, where the firm inadvertently received MNPI through its consultants and advisers.  This enforcement action highlights the SEC’s intense focus on the participation by investors in ad hoc creditors’ committees and the importance of implementing robust MNPI controls when doing so....