Government Experience

  • Department of Justice: Antitrust Division—Trial Attorney, 1999-2004
  • Department of Justice: United States Attorneys' Offices—Eastern District of Virginia: Special Assistant U.S. Attorney, 2001-2002; Eastern District of New York: Special Assistant U.S. Attorney, 2007
  • 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
dzelenko@crowell.com
+1.212.895.4266

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 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. 

Dan has successfully defended clients in a wide variety of high-profile and sensitive internal and government investigations. Of particular note, Dan is routinely called upon by leading Wall Street investment banks, broker-dealers, and hedge funds and their senior investment professionals in the crosshairs of internal, regulatory, and criminal investigations. These matters often require a deep understanding of securities, derivative products and other complex financial instruments.

In addition, Dan is one of the leading lawyers in the country focusing on the defense of corporations and executives targeted in bid-rigging, labor practices and no-poach, procurement fraud, and price-fixing investigations by the DOJ Antitrust Division and the Federal Trade Commission (FTC). Dan has achieved excellent results for his clients in virtually every major bid-rigging and price-fixing investigation over the past fifteen years. He has convinced the DOJ to decline prosecution of his clients in more than thirty-five separate criminal antitrust grand jury investigations.

Dan represents corporations, special committees, 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), FTC, 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, procurement fraud, 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 (SAUSA) in the Eastern District of Virginia and the Eastern District of New York where he tried multiple cases to verdict.

In addition, Dan served as co-lead trail counsel and Special Assistant U.S. 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 U.S. 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 U.S. 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 U.S. Professional Tennis Association.


Recognition

  • Chambers USA: America's Leading Lawyers for Business, nationally ranked as a “Leading Individual” and recommended in the area of White-Collar Crime & Government Investigations, New York, 2017—2022 
  • Chambers USA: America's Leading Lawyers for Business, nationally ranked as a “Leading Individual” and recommended in the area of Antitrust, New York, 2022 
  • Super Lawyer Magazine: Top Rated White Collar Crimes Attorney, New York, 2018—2021


Affiliations

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)

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.


Insights

Speeches & Presentations

  • "Focus SEC: Records Management Best Practices," Kroll (December 1, 2021). Panelist: Dan Zelenko.
  • "Antitrust Investigations 101: Back to Basics," Investigations: Readiness and Response Webinar Series (April 28, 2021). Presenters: Juan A. Arteaga, Stefan M. Meisner, Megan L. Wolf, and Daniel L. Zelenko.
  • "Digital Asset Investigation and Enforcement Trends," Investigations: Readiness and Response Webinar Series (April 28, 2021). Presenters: Kelly T. Currie, Michelle Ann Gitlitz, Carlton Greene, and Daniel L. Zelenko.
  • "Antitrust in Government Contracts: New Twists on Old Realities," OOPS 20/20 - Setting Your Sights (October 20, 2020). Presenters: Shawn R. Johnson, Daniel L. Zelenko, Alexis Victoria DeBernardis, and Megan L. Wolf.
  • COVID-19 Investigations Q&A Webinar — “Preparation & Prevention – Addressing and Mitigating Key Investigations Risks in the COVID-19 Era,” Crowell & Moring Webinar (June 24, 2020). Presenters: Stephen J. McBrady, Natalie O. Ludaway, Paul M. Rosen, and Daniel L. Zelenko.
  • "What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar (January 29, 2020). Presenters: Crowell & Moring Government Contracts Group.
  • "International and Domestic Insights," Sydney Corporate Crime Summit, Sydney, Australia (October 29, 2019). Panelist: Daniel L. Zelenko.
  • "The End Game: Government and Stakeholder Expectations," Crowell & Moring's Investigations Workshop 2019, Washington, DC (May 8, 2019). Moderator: David B. Robbins; Speakers: Rebecca Monck Ricigliano, Laura M. Kidd Cordova, and Daniel L. Zelenko.
  • "The Whole Truth: Effective Witness Interviews," Crowell & Moring's Investigations Workshop 2019, Washington, DC (May 8, 2019). Moderator: Glen G. McGorty; Speakers: Daniel L. Zelenko, Trina Fairley Barlow, and Arlen Pyenson.
  • "Antitrust Enforcement," 33rd Annual National Institute on White Collar Crime, New Orleans, LA (March 6, 2019). Presenter: Daniel L Zelenko.
  • "Antitrust Issues in Syndicated Loan Transactions," Loan Syndications & Trading Association Webinar, New York, NY (November 8, 2018). Speakers: Juan A. Arteaga, Olivier N. Antoine, Scott A. Lessne, and Daniel L. Zelenko.
  • "What's New at the SEC and FINRA: The Latest and Greatest SEC Enforcement Theories," ABA - 11th Annual National Institute on Securities Fraud, Park City, UT (January 12, 2017). Presenter: Daniel L. Zelenko.
  • "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.

Publications


Client Alerts & Newsletters


Press Coverage


Firm News & Announcements

June 1, 2022 Chambers USA 2022 Ranks 70 Crowell & Moring Lawyers and 37 Practice Areas Among Best in U.S.
January 19, 2022 Senior Federal Corruption Prosecutor Agustin D. Orozco Returns to Crowell & Moring
November 11, 2021 Crowell & Moring Named to "GIR 100" for Seventh Consecutive Year
June 14, 2021 Legal 500 United States Ranks Crowell & Moring in Six Practice Areas in 2021 Guide
May 20, 2021 Chambers USA 2021 Ranks 63 Crowell & Moring Lawyers and 30 Practice Areas Among Best in U.S.
April 23, 2020 Chambers USA 2020 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
December 9, 2019 Crowell & Moring Launches Procurement Collusion Strike Force Response Team
November 5, 2019 Global Investigations Review Names Crowell & Moring’s White Collar & Regulatory Enforcement Group to “GIR 100” Fifth Year in a Row
September 20, 2019 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
April 29, 2019 Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S.
February 22, 2019 Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100"
October 15, 2018 Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States
May 9, 2018 Chambers USA 2018 Ranks 52 Crowell & Moring Lawyers and 24 Practice Areas Among Best in U.S.
November 3, 2017 Crowell & Moring White Collar Chair Daniel Zelenko Named a New York Law Journal 'Distinguished Leader'
October 27, 2017 Crowell & Moring’s White Collar & Regulatory Enforcement Group Recognized Among Global Investigations Review's "GIR 100"
May 26, 2017 Chambers USA 2017 Ranks 53 Crowell & Moring Lawyers and 23 Practice Areas Among Best in U.S.
September 23, 2016 Global Investigations Review Recognizes Crowell & Moring’s White Collar & Regulatory Enforcement Group Among "GIR 100"
May 27, 2016 Chambers USA Ranks 56 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
October 12, 2015 Crowell & Moring Recognized Among Global Investigations Review's 'GIR 100'
May 19, 2015 Chambers USA Ranks 53 Crowell & Moring Attorneys and 20 Leading Practice Areas Among Best in U.S.
January 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.
November 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.
June 7, 2012 Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
February 16, 2012 Crowell & Moring Among Law360's Elite "Practice Group of the Year" Listing for Government Contracts and White Collar
January 30, 2008 SEC Branch Chief Joins Crowell & Moring’s New York Office