Portrait of

Government Experience

  • U.S. Department of Justice: Antitrust Division—Trial Attorney (1999-2004)
  • U.S. Attorney's Office—Eastern District of Virginia: Special Assistant U.S. Attorney (2001-2002); Eastern District of New York: Special Assistant U.S. Attorney (2007)
  • U.S. Securities & Exchange Commission—New York Regional Office: Senior Counsel (2004-2005); Branch Chief, Division of Enforcement (2005-2008)

Education

  • Emory University, B.A. (1993)
  • American University Washington College of Law, J.D. (1997) summa cum laude, editor of the American University Law Review

Admissions

  • New York

Languages

  • Spanish (Intermediate)
Daniel L. Zelenko, Partner New York
dzelenko@crowell.com
Phone: +1 212.895.4266
590 Madison Avenue, 20th Floor
New York, NY 10022-2544

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 & 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 by Chambers USA 2016 who 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 represents corporations and executives in criminal and related regulatory and complex civil matters, including grand jury investigations, internal investigations, and parallel proceedings by the Department of Justice, SEC, the Financial Industry Regulatory Authority, Inc. (FINRA), the Commodity Futures Trading Commission (CFTC), and state attorneys' general among other domestic and international regulators. His practice also includes regular counseling of public and private companies and their Boards of Directors and senior management on all areas of criminal and regulatory investigations and enforcement proceedings. He has represented clients in connection with matters involving a wide range of business offenses, including criminal antitrust, public corruption and Foreign Corrupt Practices Act (FCPA) violations, as well as securities, bank, tax and accounting fraud matters. 

Prior to joining Crowell & Moring in 2008, Dan was a federal prosecutor with the Antitrust Division of the Department of Justice and a Senior Enforcement Attorney with the Division of Enforcement of the SEC. From 2004 to 2008, Dan served as Senior Counsel and Branch Chief in the SEC's New York Office, where he was lead counsel and supervised attorneys, accountants and investigators on several high profile investigations and enforcement proceedings. Dan has also served as a Special Assistant United States Attorney in the Eastern District of Virginia and the Eastern District of New York where he tried multiple cases to verdict.

Selected representations include:

  • 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.
  • A registered investment adviser in connection with an SEC examination and an industry-wide SEC investigation related to Collateralized Debt Obligations.
  • A leading publicly-traded international retailer in connection with a high-profile DOJ and SEC investigation related to the Foreign Corrupt Practices Act.
  • Currently 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.
  • 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.
  • A pool of 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.
  • A leading Japanese 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.
  • Several registered broker-dealers in connection with various SEC enforcement investigations related to insider trading and market manipulation.
  • A government contractor in connection with a public corruption and FCPA investigation by the DOJ.
  • A senior officer of a publicly-traded corporation in a securities fraud investigation by the DOJ and the SEC.
  • Several senior executives of a publicly-traded pharmaceutical company in an accounting fraud investigation based on allegations of improper revenue recognition.
  • A registered broker-dealer in connection with multiple SEC and FINRA enforcement inquiries.

Representative cases while at the SEC include:

  • The largest ever mutual-to-stock bank conversion scheme involving more than 65 banks and multiple defendants (SEC v. Fingerhut, et. al).
  • Subprime mortgage portfolio accounting practices at a major financial institution.
  • Stock option backdating practices at a Fortune 100 company.
  • A settled enforcement action involving an investment bank that aided and abetted hedge funds engaged in deceptive mutual fund market timing.
  • A scheme involving a registered representative who defrauded a 9/11 widow out of more than $250,000 (SEC v. Dunn).
  • Abuses of finite reinsurance products by several corporations and their top executives.
  • An administrative trial that resulted in a lifetime industry bar for a registered representative in connection with a securities offering fraud.

In addition, Dan served as co-lead counsel and Special Assistant United States Attorney in a criminal jury trial involving the manipulation of multiple publicly-traded companies. The trial resulted in a conviction on all counts.

Before joining the SEC in 2004, Dan was a federal prosecutor in the National Criminal Enforcement Section of DOJ's Antitrust Division where he conducted investigations of international corporations and their executives for price fixing, bid rigging, market allocation conspiracies and related federal crimes. He was the lead prosecutor on several grand jury investigations, including the prosecution of an international cartel that provided transportation services to the Department of Defense. While at DOJ, Dan was also appointed Special Assistant United States Attorney in the Eastern District of Virginia where he successfully prosecuted several felony and misdemeanor cases and assisted the terrorism prosecution team after 9/11 in United States v. Zacarias Moussaoui.

Dan has been a panelist and faculty member at bar association and industry conferences; and he has provided training to multiple law enforcement organizations on securities enforcement and white collar crime. He also co-edited a chapter in the ABA Handbook on Antitrust Grand Jury Investigations.

Upon graduation from law school, Dan clerked on the United States Court of Appeals for the Eleventh Circuit. Dan is active in the American Bar Association and has previously served as an officer of the Criminal Justice Section of the Federal Bar Association. He is a member of the New York State Bar Association White Collar Crime Committee. Dan is also a former nationally ranked and collegiate tennis player and was certified as a tennis instructor by the United States Professional Tennis Association.



Affiliations

Admitted to practice: New York

Memberships

American Bar Association, Federal Bar Association (former officer of the Criminal Justice Section), New York State Bar Association (White Collar Crime Committee)



Highlights, News & Knowledge


Speeches & Presentations

  • "Leniency Applications in Multi-Jurisdictional Antitrust Cases," Fordham Law School, New York, NY (February 11, 2016). Presenter: Daniel L Zelenko.
  • "The Internationalization of Securities Enforcement - Foreign and Domestic Regulators," ABA - 10th Annual National Institute on Securities Fraud, New Orleans, LA (October 2, 2015). Presenter: Daniel L. Zelenko.
  • "Third Thursday--C&M's April Labor & Employment Update: The SEC Challenges Employer Confidentiality Protections," Webinar (April 16, 2015). Presenters: Thomas P. Gies, Christopher Calsyn, and Daniel L. Zelenko.
  • "Compliance Chiefs: The Role of the Internal Watchdog," ABA's Ninth Annual National Institute on Securities Fraud, New Orleans, LA (November 13-14, 2014). Speaker: Daniel L. Zelenko.
  • "Litigation Forecast 2013: The Evolving White Collar Enforcement Landscape," Crowell & Moring Webinar (June 13, 2013). Presenters: Stephen M. Byers, Andy Liu, and Daniel L. Zelenko.
  • "Prosecutorial Discretion: Charging, Settling, and Prosecuting -- Public Interest Limitations?" ABA's Seventh Annual National Institute on Securities Fraud, New Orleans, LA (November 15-16, 2012). Presenter: Daniel L. Zelenko.
  • "The Government's Role in Capper-Volstead Enforcement," Crowell & Moring Capper-Volstead Conference, Washington, D.C. (November 8, 2012). Panelists: David Laing, Daniel Zelenko and M. Brinkley Tappan.
  • "Anti-Trust/Anti-Cartel Issues," ABA Criminal Justice Section White Collar Crime Committee & City of London Law Society's Corporate Crime & Corruption Committee 2012 International White Collar Crime Conference (2012). Moderator: Daniel L. Zelenko.
  • "Fundamentals of Criminal Antitrust: Sentencing of Individual Defendants," American Bar Association Cartel and Criminal Practice Committee's Fundamentals Audio Program Series (July 15, 2011). Speaker: Daniel L. Zelenko.
  • "Government Investigations after Dodd-Frank: Are Paid Whistleblowers a Game Changer?" American Conference Institute's Advanced Forum on Whistleblower Enforcement & Compliance (March 30, 2011). Panelist: Daniel L. Zelenko.
  • "Enforcement Update: Review of Regulatory Actions, Accounting Enforcement SEC/PCAOB," Accounting for Lawyers 2: Beyond the Balance Sheet, Red Flags 2010, New York, NY (October 22, 2010). Co-Speaker: Dan Zelenko.
  • "What Every Outside Regulatory Counsel Should Know: A View From the Inside," ABA's Fifth Annual National Institute on Securities Fraud, New Orleans, LA (October 7, 2010). Panel Moderator: Dan Zelenko.
  • "Fundamentals of White Collar Investigations," American Bar Association 24th National Institute on White Collar Crime, Miami, FL (February 2010). Panelist: Dan Zelenko.
  • "Channel-Stuffing & Revenue Recognition: How Stale Are Those Doughnuts?," Accounting for Lawyers: Beyond the Balance Sheet - Recognizing the Red Flags of Fraud, New York City Bar Center (October 7, 2009). Speaker: Dan Zelenko.
  • "Update and Overview of Current Financial Regulatory Investigations Worldwide," Inhouse Presentation, New York (September 24, 2009). Presenters: Nilam R. Sharma, Zainab Charchafchi, Dan Zelenko.
  • "Implications of Foreign Corrupt Practices Act of 1977 ('FCPA') on D&O Insurance," Professional Indemnity Agency (September 23, 2009). Speaker: Dan Zelenko.
  • "Antitrust Update," ABA Antitrust Section Teleconference, sponsored by the Corporate Counseling Committee (May 2009). Co-Presenters: Jeffrey Blumenfeld, Christine L. White, Shawn R. Johnson, Daniel L. Zelenko and Sean-Paul Brankin.
  • "Current Accounting and Reporting 'Hot Buttons' and SEC Enforcement Perspectives," 29th Annual FASB / SEC Accounting Institute, Las Vegas, NV (November 19-20, 2008). Speaker: Dan Zelenko.
  • "Primer: Representing witnesses during SEC testimony," The Third Annual National Institute on Securities Fraud, Arlington, VA (October 2-3, 2008). Speaker: Dan Zelenko.
  • Kinetic Partners' Operational Risk Breakfast, New York, NY (September 17, 2008). Guest Speaker: Dan Zelenko.
  • "Dealing with Whistleblowers in International Investigations: Government, In-House, and Outside Counsel Tactics and Ethics," American Bar Association Section of Antitrust Law and the ABA Center for Continuing Legal Education, Teleconference (June 26, 2008). Speaker: Dan Zelenko.
  • "Update on Damages in the Regulatory and Enforcement Setting," Law Seminars International, Boston, MA (May 5, 2008). Speaker: Dan Zelenko.
  • "The Grand Jury," George Washington University Law School Scholarship Roundtable, Washington, DC (March 21, 2008). Roundtable Participant: Dan Zelenko.


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Firm News & Announcements

May.27.2016 Chambers USA Ranks 56 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Oct.12.2015 Crowell & Moring Recognized Among Global Investigation Review's 'GIR 100'
May.19.2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
Jan.22.2015 Crowell & Moring's Antitrust Group Featured in Global Competition Review's 15th Edition "GCR 100"
May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Nov.14.2013 Crowell & Moring Antitrust Group Featured in Global Competition Review's 14th Edition "GCR 100" in D.C. and New York
May.24.2013 Chambers USA Ranks 45 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Jun.07.2012 Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
Feb.16.2012 Crowell & Moring Among Law360's Elite "Practice Group of the Year" Listing for Government Contracts and White Collar
Jan.30.2008 SEC Branch Chief Joins Crowell & Moring’s New York Office
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