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Daniel L. Zelenko

Partner

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 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, 2017, and 2018 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." In addition, Dan was named a top-rated white collar lawyer by Super Lawyers in 2018 and 2019.

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.

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

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)

View More

"DOJ Announces Antitrust Strike Force Focused on Public Procurements," Government Contracts Bullet Points (November 6, 2019). Contacts: Shawn R. Johnson, Daniel L. Zelenko, Gail D. Zirkelbach, David B. Robbins, Juan A. Arteaga, Alexis Victoria DeBernardis
Client Alert/Newsletter
Global Investigations Review Names Crowell & Moring’s White Collar & Regulatory Enforcement Group to “GIR 100” Fifth Year in a Row (Nov.05.2019)
Firm News/Announcement
"International and Domestic Insights," Sydney Corporate Crime Summit, Sydney, Australia (October 29, 2019). Panelist: Daniel L. Zelenko.
Speech/Presentation
Super Lawyers Recognizes 82 Crowell & Moring Lawyers Across United States (Sep.20.2019)
Firm News/Announcement
"DOJ Puts Antitrust Compliance Programs in the Spotlight," Antitrust Law Alert (July 16, 2019). Contacts: Daniel L. Zelenko, Megan L. Wolf, Olivier N. Antoine, Thomas De Meese, Kate M. Watkins
Client Alert/Newsletter
"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.
Speech/Presentation
"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.
Speech/Presentation
Chambers USA 2019 Ranks 53 Crowell & Moring Lawyers and 21 Practice Areas Among Best in U.S. (Apr.29.2019)
Firm News/Announcement
"Antitrust Enforcement," 33rd Annual National Institute on White Collar Crime, New Orleans, LA (March 6, 2019). Presenter: Daniel L Zelenko.
Speech/Presentation
Crowell & Moring's Antitrust Group Listed as "Highly Recommended" in Global Competition Review's 19th Annual "GCR 100" (Feb.22.2019)
Firm News/Announcement

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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