David is a Chambers-ranked trial lawyer and former Southern District of New York federal prosecutor who represents companies, executives, board members, and other high-profile professionals in their most sensitive white collar, enforcement, and business litigation matters. Described by Forbes as “one of the top white collar attorneys in the country,” David brings more than three decades of courtroom, investigative, and strategic defense experience to matters involving the DOJ, SEC, FINRA, PCAOB, CFTC, state regulators, federal grand juries, and private arbitration forums.
Clients turn to David when the stakes are existential: potential criminal charges, market-moving investigations, regulatory enforcement actions, reputational crises, and complex civil litigation arising from government scrutiny. His first objective is often to prevent charges or enforcement actions from being filed at all. He has successfully resolved investigations before charges in matters involving financial services, securities and commodities trading, banking, investment advisers, hedge funds, cryptocurrency, public company accounting, consumer products, pharmaceuticals, professional sports agency, technology, cybercrime, data security, anti-corruption, BSA/AML compliance, tax, insurance, and obstruction-related allegations.
When litigation is unavoidable, David has delivered exceptional results in some of the country’s most closely watched white collar and business disputes. He has tried more than 20 federal criminal and civil cases, obtained dismissals of federal securities and wire fraud indictments, secured two federal court rulings suppressing evidence obtained through search warrants in indicted white collar cases, and defeated major claims in trial and arbitration settings. His work has earned recognition from Chambers USA, American Lawyer Litigation Daily, Law360, the National Law Journal, Best Lawyers in America, and New York Super Lawyers.
David is well known for clearing a high-profile private equity financier of federal criminal and civil securities fraud and money laundering charges after persuading the trial court that the FBI violated his client’s Fourth Amendment rights when executing defective search warrants. Following the suppression of evidence obtained from those warrants, both the DOJ and SEC voluntarily dismissed their cases. More recently, David defended an education finance startup executive in a $175 million bank-related fraud trial in the Southern District of New York and helped exonerate a former public company chief financial officer when the DOJ and SEC voluntarily dismissed accounting-related securities fraud, conspiracy, and false statements charges.
David also has a strong record beyond white collar matters. He defeated an attempt by a professional sports union to end a player agent client’s 30-year career after a full evidentiary hearing before the union’s in-house arbitrator, and he has handled numerous evidentiary hearings and federal and state appellate arguments. In complex business litigation, David has represented clients in high-value commercial disputes, intellectual property-related claims, financial services matters, and arbitration proceedings. His courtroom successes include a federal jury trial victory for Marvel Entertainment in Arizona, where the jury returned a $0 verdict on claims that Marvel stole a patent holder’s design for a Spider-Man roleplay web-shooting toy.
David is a frequent writer and speaker on Fourth and Fifth Amendment issues and attorney-client privilege issues arising in corporate and criminal investigations. He has presented to the Association of Corporate Counsel, the National Association of Criminal Defense Lawyers, and the New York Council of Defense Lawyers, and he is frequently quoted by the media on federal criminal procedure and securities matters.
Before entering private practice, David served for almost a decade as an assistant US attorney in the Criminal Division of the Southern District of New York, where he was a lead prosecutor on complex white collar investigations and prosecutions, federal criminal jury trials, and Second Circuit appeals. As a member of the office’s Securities and Commodities Fraud Task Force, he investigated and prosecuted insider trading, accounting fraud, market manipulation, Ponzi schemes, and investment adviser fraud matters. He also served in the Major Crimes Unit and as a computer hacking and intellectual property prosecutor, handling cases involving cyberattacks, data security, intellectual property theft, insurance fraud, bank fraud, tax fraud, and investment fraud.
During law school, David was a notes editor of the Stanford Law Review.
Experience
Enforcement Actions & Investigations
- Represented a former public company CFO indicted on conspiracy, securities fraud, and false statements charges arising from SEC filings; the DOJ and SEC later voluntarily dismissed the charges.
- Defended a high-profile startup executive in a monthlong federal criminal jury trial involving $175 million in alleged bank, wire, and securities fraud tied to one of the world’s largest financial institutions.
- Defended the highest-ranking non-clergy executive of a major religious nonprofit institution against federal fraud charges.
- Represented the chief executive and board chair of a clean-energy company in a high-profile federal corruption and bribery investigation.
- Represented the CFO of a publicly traded food service company in parallel SEC and DOJ accounting fraud and tax investigations.
- Represented a US bank’s chief anti-money laundering officer in a criminal investigation involving alleged AML and Bank Secrecy Act violations.
- Advised employees of major international financial institutions in DOJ, CFTC, foreign regulator, SEC, and state investigations involving alleged trading improprieties, anticompetitive conduct, and residential mortgage-backed securities.
- Counseled a Big Four accounting firm executive in an international PCAOB obstruction and accounting fraud investigation.
- Counseled an advisor at a Fortune 100 financial institution in a DOJ insider trading investigation.
- Represented a hedge fund analyst in a criminal insider trading investigation involving an alleged expert network.
- Counseled the CEO and founder of an international market consulting firm in a federal market manipulation and money laundering case.
- Represented companies and individuals in FCPA and commercial bribery investigations, including financial institution employees, a former investment banking division chief, and the founder and CEO of an international oil and gas company.
- Represented the chief operating officer and director of several foreign financial services companies in a DOJ Tax Division corporate tax fraud investigation.
- Represented the CEO of one of the country’s largest REITs in an internal investigation concerning portfolio-marking issues.
- Represented a prominent community advisor to the mayor of a major American city in a corruption investigation.
- Represented a professional athlete in an SEC investigation involving alleged cryptocurrency touting violations.
- Counseled an investment advisory firm in an SEC “pay to play” investigation.
- Represented a bitcoin trader in a private dispute involving a multimillion-dollar trading loss.
- Counseled a foreign corporation in a federal grand jury investigation involving a Bitcoin exchange.
- Represented a construction and paving company in a DOJ Antitrust Division bid-rigging investigation.
- Represented a records systems and services company in a federal government contracts and False Claims Act investigation.
- Represented a former program manager of a Fortune 500 weapons manufacturer in a government contracts and False Claims Act investigation involving antiballistic missile systems supplied to foreign countries.
- Represented a company and individuals in an investigation involving alleged trade secret theft and misappropriation of a competitor’s data.
- Represented an internet transaction payment provider in an internal investigation involving a ransomware and denial-of-service cyberattack.
- Advised an automobile manufacturing executive in a DOJ investigation and related civil litigation concerning National Highway Traffic Safety Administration issues.
- Advised an internet technology executive in a Computer Fraud and Abuse Act investigation.
- Represented a professional basketball player agent in matters involving alleged NCAA rules violations and related assertions of federal mail and wire fraud.
- Represented the general counsel of an international food company in a federal grand jury investigation.
- Represented current and former financial institution traders and trading executives in FINRA, SEC, and other market-access and complex financial instrument trading investigations.
- Advised a cash-handling and processing company on legal issues related to commercial marijuana distribution.
Complex Business Litigation
- Won a federal jury trial for Marvel Entertainment, defeating a multimillion-dollar breach of contract claim involving royalties for the Spider-Man Web Blaster roleplay toy.
- Secured summary judgment dismissing a $30 million federal business tort claim against the COO of a multinational financial conglomerate, and prevailed on a rare motion to access attorney-client communications under the offensive-use doctrine.
- Represented real estate loan securitization and servicing companies in a $100 million breach of contract case in New York federal court.
- Secured dismissal of multimillion-dollar fraud and contract claims against an international oil and gas executive in the Commercial Division of the New York Supreme Court.
- Obtained a preliminary injunction for Krispy Kreme Doughnuts in New York federal court against a franchisee in Lanham Act trademark and trade secret litigation.
- Defended a professional basketball player agent in decertification proceedings initiated by the players’ union in the collective bargaining context.
- Represented a senior NHL team executive in a business dispute with the organization and related arbitration before the NHL commissioner.
viewpoints
The Whistleblower's Dilemma: Why Companies Must Act Swiftly on Internal Complaints in the Current DOJ Enforcement Era
February 27, 2026 | Blog | By Eoin Beirne, Andrew Bernstein, David M. Siegal
News & Press
Twenty-nine Mintz Attorneys Named to 2023 New York Metro Super Lawyers List
September 22, 2023|
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.
21 Mintz Attorneys Recognized as 2021 New York Super Lawyers and Rising Stars
September 30, 2021|
Federal Judge Rules FBI Agents Conducted Illegal Search of Business
September 26, 2019|
US Judge Faults Warrant, Orders Suppression of Seized Business Records
September 26, 2019|
Twenty-Four Mintz Attorneys Named 2019 New York Super Lawyers and Rising Stars
September 12, 2019|
Crimeless Warrant Imperils Evidence in Check Cashing Case
September 10, 2019|
One Hundred Mintz Attorneys Ranked as Leaders by Best Lawyers 2020
August 15, 2019|
Twenty-Four Mintz Attorneys Named 2018 New York Super Lawyers and Rising Stars
September 19, 2018|
White Collar, Regulatory & Compliance Trailblazers
May 31, 2018|
Decisions Highlight Risk of Unintended Implied Waivers of Privilege
January 26, 2018|
Protecting Privileges in Cross Border Investigations
June 1, 2016|
Events & Speaking
New York Council of Defense Lawyers Retreat
Hot Topics in Trial Preparation
National Arts Club - 15 Gramercy Park S, New York, NY 10003
2018 NACDL White Collar Seminar
Panel on Attorney Client Privilege
The Capital Hilton Hotel - 1001 16th St NW, Washington, DC 20036
UJA White Collar & Securities Enforcement Lunch & Learn
Briefing with Marc Berger, Director, SEC's New York Regional Office
New York, NY
Recognition & Awards
Chambers USA: New York – Litigation – White-Collar Crime & Government Investigations (2021 – 2026)
National Law Journal: Criminal Law Trailblazer (2020)
Forbes: “...one of the top white collar attorneys in the country...” Federal Judge Rules FBI Agents Conducted Illegal Search of Business, by Walter Pavlo (2019)
Best Lawyers in America: Commercial Litigation, Criminal Defense: White-Collar (2013 – 2027)
New York Super Lawyers: Criminal Defense – White Collar (2011 – 2025)
Legal 500: Recommended Lawyer – Corporate Investigations and White-Collar Criminal Defense (2026)
Lawdragon: 500 Leading Global Investigations Lawyers (2026)
