Daniel L. Zelenko
Overview
Daniel L. Zelenko is a partner in the New York office of Crowell & Moring and serves as co-chair of the firm’s nationally recognized White Collar and Regulatory Enforcement Group. Dan is a former federal prosecutor and senior enforcement lawyer at the U.S. Securities and Exchange Commission (SEC). He has been recognized as a leader in the white collar and regulatory enforcement bar and the antitrust bar by Chambers USA since 2016 and is held in high regard for his U.S. Department of Justice (DOJ) and SEC experience and his antitrust and securities enforcement experience. Chambers USA described Dan as a "tremendous talent" who "tries cases really impressively before the government," noting that he "is a very effective advocate who sees the whole picture," is "thoroughly knowledgeable about the legal and regulatory landscape," and that "he knows his way around the street, and knows how to work with people in difficult situations." Dan has been quoted as a leading authority on white collar defense and government investigations in numerous media outlets including The Wall Street Journal, The New York Times, Bloomberg and Reuters and has appeared on CNN.
Career & Education
- Department of Justice: Antitrust Division
Trial Attorney, 1999–2004 - Department of Justice: United States Attorneys' Office
Eastern District of Virginia: Special Assistant U.S. Attorney, 2001–2002
Eastern District of New York: Special Assistant U.S. Attorney, 2007 - Securities and Exchange Commission
New York Regional Office: Senior Counsel, 2004–2005
Branch Chief, Division of Enforcement, 2005–2008
- Department of Justice: Antitrust Division
- Emory University, B.A., 1993
- American University Washington College of Law, J.D., summa cum laude, editor of the American University Law Review, 1997
- New York
Professional Activities and Memberships
- American Bar Association
- Federal Bar Association (former officer of the Criminal Justice Section)
- New York State Bar Association (White Collar Crime Committee)
- Spanish
Chambers recognizes Dan as a tremendous talent, impressively trying cases before the government. He's an effective advocate, thorough and knowledgeable about the legal landscape. With great judgment, he's a strong, pragmatic lawyer—calm, evenhanded, incisive.
— Chambers USA, 2023
Daniel's Insights
Client Alert | 3 min read | 10.11.24
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.
Client Alert | 4 min read | 09.09.24
Flag on the Play: SEC Fines Adviser for Insufficient MNPI Controls in CLO Trades
Publication | 07.05.24
Chasing Carrots: The Uncertain Rewards Of SEC Self-Reporting And Cooperation
Client Alert | 4 min read | 07.02.24
SEC’s Private Fund Advisers Rule Vacated by the Fifth Circuit
Representative Matters
- Counsel for the Special Litigation Committee of a global Fortune 100 technology company in connection with securities fraud and breach of fiduciary duty allegations.
- Counsel for an emerging technology company in connection with DOJ and SEC investigations into alleged securities fraud.
- Counsel for a leading licensed international money transmitter in connection with an investigation and litigation by the SEC Division of Enforcement.
- Counsel for a global publicly-traded technology company in connection with an investigation by the SEC Division of Enforcement related to a cyber intrusion.
- Successfully defended a leading healthcare company in connection with a DOJ Antitrust investigation involving allegations of an illegal no-poach agreement.
- Counsel for a publicly traded healthcare company in connection with a labor practices investigation by the Federal Trade Commission.
- Counsel for a leading government contractor in connection with a DOJ antitrust grand jury investigation involving alleged procurement fraud and bid-rigging in connection with Department of Defense contracts.
- Pool counsel for a leading international investment bank in connection with a high-profile internal investigation and related inquires by numerous international financial regulators related to trading by a hedge fund client.
- Counsel for a trader at a leading investment bank in connection with a DOJ and CFTC investigation into alleged manipulative trading around bond issuances.
- Counsel for a leading Korean oil company in connection with a DOJ procurement fraud and bid-rigging investigation of DOD fuel services contracts at U.S. military bases in South Korea.
- Counsel for a leading national construction company in connection with state and federal allegations of procurement fraud and bid-rigging in connection with a large municipal construction contract.
- Counsel for a leading aerospace defense contractor in connection with an internal investigation and review regarding its bidding practices on its most significant government procurements.
- Representing the regional head of Asia-Pacific for a leading global investment bank in connection with a DOJ and SEC Foreign Corrupt Practices Act investigation related to the alleged bribery of Chinese government officials in the high-profile “Sons and Daughters” Investigation. Our client was not charged in the investigation.
- Counsel for a leading generics pharmaceutical manufacturer in connection with DOJ and State Attorney’s General investigations of price-fixing and bid-rigging of generic pharmaceutical products.
- Counsel to a global containerized shipping company in connection with a DOJ Antitrust grand jury investigation alleging bid-rigging and price-fixing in the container ship market. The DOJ closed the grand jury investigation without bringing charges against any companies or individuals.
- Counsel for a prominent broker-dealer as lead counsel in FINRA enforcement investigation regarding allegations of trading unregistered securities without appropriate money-laundering detection capabilities in place. Negotiated a favorable settlement with FINRA.
- Counsel to a registered investment adviser in connection with an SEC examination and an industry-wide SEC investigation related to Collateralized Debt Obligations.
- Representing a leading publicly traded international retailer in connection with a high-profile DOJ and SEC investigation related to the Foreign Corrupt Practices Act.
- Representing multiple senior-level traders and executives at financial institutions in connection with global investigations of LIBOR, Foreign Exchange, and ISDAFix as well as other products.
- Representing a vice-president of a municipal bond investment advisory firm in connection with DOJ and SEC investigations relating to bid-rigging and related offenses in the municipal bond industry.
- Pool counsel to current and former employees of an investment bank in connection with multiple regulatory and related civil matters concerning the sale of Residential Mortgage-Backed Securities.
- Represented a leading Japanese electronics manufacturer in connection with a DOJ grand jury investigation and related class-action lawsuits alleging cartel activity. The DOJ Antitrust Division closed the investigation without charging any companies or individuals in the industry.
- Representing several registered broker-dealers in connection with various SEC enforcement investigations related to insider trading and market manipulation.
- Counsel to a prominent DOD government contractor in connection with a public corruption and FCPA investigation by the DOJ.
- Counsel to a senior officer of a publicly-traded corporation in a securities fraud investigation by the DOJ and the SEC.
- Counsel to several senior executives of a publicly-traded pharmaceutical company in an accounting fraud investigation based on allegations of improper revenue recognition.
- Counsel to a registered broker-dealer in connection with multiple SEC and FINRA enforcement inquiries.
Representative cases while at the SEC include:
- Enforcement action in the largest ever mutual-to-stock bank conversion scheme involving more than 65 banks and multiple defendants (SEC v. Fingerhut, et. al).
- Investigated subprime mortgage portfolio accounting practices at a major financial institution.
- Investigated stock option backdating practices at a Fortune 100 company.
- Enforcement action involving an investment bank that aided and abetted hedge funds engaged in deceptive mutual fund market timing.
- High-profile enforcement action involving a registered representative who defrauded a 9/11 widow out of more than $250,000 (SEC v. Dunn).
- Investigation of alleged accounting fraud involving finite reinsurance products by several corporations and their top executives.
- Lead trial lawyer in enforcement action resulting in a lifetime industry bar for a registered representative in connection with a securities offering fraud.
Daniel's Insights
Client Alert | 3 min read | 10.11.24
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.
Client Alert | 4 min read | 09.09.24
Flag on the Play: SEC Fines Adviser for Insufficient MNPI Controls in CLO Trades
Publication | 07.05.24
Chasing Carrots: The Uncertain Rewards Of SEC Self-Reporting And Cooperation
Client Alert | 4 min read | 07.02.24
SEC’s Private Fund Advisers Rule Vacated by the Fifth Circuit
Recognition
- Lawdragon: 500 Leading Litigators in America, 2024
- Chambers USA: Nationally ranked as a “Leading Individual” and recommended in the area of White-Collar Crime & Government Investigations, New York, 2017–2024
- Chambers USA: Nationally ranked as a “Leading Individual” and recommended in the area of Antitrust, New York, 2024
- Super Lawyer Magazine: Top Rated White Collar Crimes Attorney, New York, 2018–2021
Daniel's Insights
Client Alert | 3 min read | 10.11.24
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.
Client Alert | 4 min read | 09.09.24
Flag on the Play: SEC Fines Adviser for Insufficient MNPI Controls in CLO Trades
Publication | 07.05.24
Chasing Carrots: The Uncertain Rewards Of SEC Self-Reporting And Cooperation
Client Alert | 4 min read | 07.02.24
SEC’s Private Fund Advisers Rule Vacated by the Fifth Circuit
Insights
Chasing Carrots: The Uncertain Rewards Of SEC Self-Reporting And Cooperation
|07.05.24
New York Law Journal
Gap Year: COVID-19's Impact on White-Collar Crime Enforcement and Defense
|12.08.20
Criminal Justice, Vol. 35, No. 3
Is The Procurement Collusion Strike Force A New Frontier For Cartel Enforcement?
|04.15.20
Anti-Corruption Report
Litigation Forecast 2016: What Corporate Counsel Need to Know for the Coming Year
|01.19.16
a Crowell & Moring LLP publication
Book: Understanding DOJ Discovery Policies: Leading Lawyers Analyze the New Discovery Guidelines Affecting White Collar Cases (Inside the Minds), Thomson Reuters - Aspatore Books
|01.02.11
Sparing None: Law Firms Are Stacking Up On Talent With Regulatory Expertise
|03.21.23
The National Law Journal
‘US Democracy Will Not Survive For Long’: How January 6 Hearings Plot A Roadmap To Autocracy
|07.24.22
The Guardian
- |
07.22.22
1V/Een Vandaag (subscription required)
- |
05.23.24
Crowell & Moring’s Data Law Insights
SEC Encourages Internal Accounting Controls to Guard Against Cyber Fraud
|11.08.18
Crowell & Moring's Data Law Insights
Practices
- Antitrust Investigations
- Congressional Investigations
- Securities Fraud and Financial Investigations
- Litigation and Trial
- White Collar and Regulatory Enforcement
- Executive Practice
- Investigations
- National Security
- Anti-Corruption and FCPA
- Congressional Investigations
- Monitorships and Independent Counsel
- Financial Services
Industries
Daniel's Insights
Client Alert | 3 min read | 10.11.24
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.
Client Alert | 4 min read | 09.09.24
Flag on the Play: SEC Fines Adviser for Insufficient MNPI Controls in CLO Trades
Publication | 07.05.24
Chasing Carrots: The Uncertain Rewards Of SEC Self-Reporting And Cooperation
Client Alert | 4 min read | 07.02.24
SEC’s Private Fund Advisers Rule Vacated by the Fifth Circuit