In the News

New York and Washington, D.C. Super Lawyers and Rising Stars Include 20 Haynes and Boone Lawyers

NEW YORK / WASHINGTON, D.C. – Twenty Haynes and Boone, LLP lawyers were recognized in the 2012 New York and Washington D.C. Super Lawyers and Rising Stars award listings. >>

Best Lawyers in America 2013 Recognizes Haynes and Boone Lawyers

DALLAS – More than 100 lawyers from Haynes and Boone, LLP are included in The Best Lawyers in America® 2013, an annual referral guide listing outstanding attorneys throughout the U.S. >>

New York County Bar Associations Appeal Indigent Defense Decision

NEW YORK -- Heartened by the legal conclusions of two dissenting justices from the First Department, the five county bars of New York City have decided to appeal to the Court of Appeals last week’s First Department decision, which would permit the city to unilaterally impose a new indigent defense system in violation of Article 18-B, Section 722 of the county law. >>

Jonathan Pressment and David Siegal in the New York Law Journal: Closely Divided Panel Upholds City's Plan to Revise 18-B Plan


Haynes and Boone to Serve As Special Counsel to the SIPC Trustee of MF Global Inc., the U.S. Broker-Dealer Unit of MF Global Holdings, Ltd.

NEW YORK – The federal court presiding over the SIPC liquidation of MF Global Inc. in the Southern District of New York has appointed Haynes and Boone, LLP to serve as special counsel to the SIPC trustee, James W. Giddens. United States Bankruptcy Judge Martin Glen made the appointment yesterday by granting a joint application filed by the trustee and the Securities Investor Protection Corp. (SIPC) last month. >>

David Siegal in the Scranton Times-Tribune: Guidelines suggest long sentences for Cordaro, Munchak


David Siegal in Reuters: Analysis - On the hotseat Corzine stakes his legal ground

Even with an apology and an insistence he has no idea what happened to missing client money, MF Global's former chief Jon Corzine cannot distance himself from the mess at the bankrupt futures brokerage.

Corzine testified to Congress on Thursday about the chaotic final days of MF Global, defying some predictions that he would refuse to answer questions...

"It is far from clear if anyone did anything intentionally wrong at MF Global," said David Siegal, a former federal prosecutor who is a white-collar defense lawyer with Haynes and Boone in New York. >>

David Siegal in Bloomberg: Gupta Insider Case Built on Circumstantial Proof Poses Challenge to U.S.


David Siegal in The New York Times: Rajaratnam Is Sentenced to 11 Years

The fallen hedge fund billionaire Raj Rajaratnam received on Thursday the longest-ever prison sentence for insider trading, a watershed moment in the government’s aggressive two-year campaign to root out the illegal exchange of confidential information on Wall Street. >>



Recent Publications

DOJ and SEC Release Long-Awaited FCPA Resource Guide

On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released the much-anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide”). >>



David Siegal

Partner

New York


30 Rockefeller Plaza
26th Floor
New York, New York 10112
T +1 212.659.4995
F +1 212.884.8230

Areas of Practice

Education

  • J.D., Stanford Law School, 1992, with distinction; Stanford Law Review, Notes Editor
  • B.A., Government, Cornell University, 1989, Phi Beta Kappa

Bar Admissions

  • New York, 1993

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fifth Circuit
David Siegal

David Siegal is a Partner in the New York office of Haynes and Boone, and a member of the firm’s White Collar Criminal Defense Practice Group. His practice focuses on government enforcement defense and internal investigations, as well as sophisticated securities fraud and complex commercial litigation.

Matters representative of David's enforcement defense and investigation experience include:

  • Representing a national investment advisory firm in connection with a Securities and Exchange Commission "pay to play" investigation.
  • Representing a financial advisor at a Fortune 100 Wall Street financial institution in connection with a Department of Justice cross-border insider trading investigation.
  • Representing a Chief Executive Officer and Director of several related foreign investment companies and financial institutions in connection with the Department of Justice's Tax Division investigation into an alleged multi-million dollar corporate tax fraud.
  • Representing an executive of a Fortune 100 Wall Street financial institution in RMBS investigations by the Department of Justice, the Securities and Exchange Commission and state regulatory authorities.
  • Representing a hedge fund analyst in connection with a Department of Justice expert network insider trading investigation.
  • Representing a Managing Director of an offshore equities trading subsidiary of a major Wall Street financial institution in connection with Department of Justice and Securities and Exchange Commission investigations into alleged trading improprieties.
  • Representing a trading desk executive at a Fortune 100 Wall Street financial institution in Securities and Exchange Commission and FINRA investigations relating to market access regulations.
  • Representing several former credit-derivatives traders of a Fortune 100 Wall Street financial institution in connection with a FINRA investigation concerning complex financial instrument trading practices and procedures.
  • Representing a former investment banking division chief of a Fortune 100 Wall Street financial institution in connection with a Securities and Exchange Commission FCPA investigation into alleged improper payments to government officials in Asia.
  • Representing an investment advisor who testified in the trial of a criminal insider-trading case in the Southern District of New York.

David's practice also focuses on complex commercial litigation and courtroom practice:

  • He successfully obtained summary judgment dismissing a federal civil case that sought $30 million on business tort claims against the chief operating officer of major multinational financial conglomerate; he also won a highly unusual motion to invade the privilege, obtaining plaintiff’s attorney-client communications based on the "offensive-use" doctrine.
  • He represented a group of companies in the business of securitizing and servicing real estate backed loans in a $100 million breach of contract action in New York federal court.
  • He successfully obtained dismissal on personal jurisdiction grounds of multimillion dollar fraud and contract cases brought by investors in New York Supreme Court, Commercial Division, against international oil and gas magnate.
  • At New York State's highest court - the Court of Appeals - and below, he represented the bar associations of each of the five counties in New York in a pro bono litigation against the City and Mayor Bloomberg, challenging the constitutionality of the City's efforts to change the system of assignment of counsel to indigent criminal defendants.
  • He successfully obtained preliminary injunctive relief in federal district court in New York on behalf of Krispy Kreme Doughnuts against a franchisee for Lanham Act trademark and trade secret claims.

Between 1999 and 2009, David served as an Assistant United States Attorney in the criminal division of the Southern District of New York, serving as a lead prosecutor on numerous complex white collar investigations and prosecutions, federal criminal jury trials and Second Circuit appeals. As a member of that office's Securities and Commodities Fraud Task Force between 2005 and 2009, David investigated and prosecuted a wide variety of securities industry related matters, including accounting fraud schemes, market manipulation, insider trading and investment adviser fraud. Prior to that, between 2002 and 2005, as a member of that office's Major Crimes Unit, David handled complex white collar fraud prosecutions involving corporate insurance, bank, tax and investment fraud, as well as crimes involving computer technology attacks and intellectual property theft.

David spent the first seven years of his career handling complex commercial litigation and white collar defense matters with the law firms of Paul, Weiss, Rifkind, Wharton & Garrison LLP and Kronish Lieb Weiner & Hellman LLP (now Cooley Godward Kronish LLP).

David has been a guest-lecturer on insider trading law to MBA students at New York University's Stern School of Business.

David has been recognized as a Super Lawyer - Criminal Defense: White Collar, Business Litigation, 2011-2012. He was also recognized as one of The Best Lawyers in America® 2013 - Criminal Defense: White Collar.

Significant Government Investigations and Prosecutions

  • Led prosecution of complex accounting fraud investigation relating to multi-year restatement of financials, and attendant stock price collapse, of largest home mortgage lender in Puerto Rico. Indicted bank's Treasurer (later convicted at trial) on securities and wire fraud charges for $4 billion accounting fraud scheme.
  • Successfully resolved long-pending $3 billion commodities-based international Ponzi scheme perpetrated by noted investment advisor.
  • Successfully prosecuted business executive for $20 million corporate insurance brokerage fraud.
  • Negotiated multi-million dollar forfeiture from African-based international bank in connection with resolution of obstruction of justice investigation.
  • Indicted New York-based investment advisor (later convicted at trial) for $11 million Ponzi scheme.
  • Convicted multiple conspirators, including trader and issuer's chief executive and chief operating officer, for OTC market manipulation scheme.
  • Convicted former boyfriend of law firm associate for insider trading based on stolen information about pending merger.
  • Successfully brought novel criminal SPAM and intellectual property case in connection with theft of account list of 93 million America Online subscribers.
  • Convicted top executive and three others of multi-million dollar government program fraud in connection with federal E-Rate school technology funding program.
  • Indicted international fence for theft and sale of high-value antique bronze sculptures and Napoleonic-era artisanal pistols from France.
  • Successfully prosecuted theft and pre-release publication over the Internet of studio cut of major motion picture "The Hulk."

Notable Federal Criminal Trials

  • Convicted owner and chief executive of New York-based brokerage firm on securities and wire fraud charges for his scheme to defraud client investors.
  • Convicted VP and New York regional manager of Fortune 500 company on conspiracy and mail fraud charges for multi-million dollar corporate billing scheme to defraud multiple banks.
  • Convicted promoter of wire fraud conspiracy in connection with schemes to defraud investors in high-yield investment and prime bank note scheme.
  • Convicted ringleader on conspiracy, bribery of public official, identification document fraud and illegal alien transportation charges for multi-state scheme to bribe DMV official who fraudulently issued nearly 1,000 drivers' licenses to illegal aliens.
  • Extradited and convicted Thai businessman of wire fraud in connection with fraudulent negotiation of $2.5 million counterfeit United States Treasury check in Belgium as part of high-yield investment and prime bank note scheme.
  • Convicted con-artist who perpetrated several month long, nationwide-roaming crime spree by stealing and adopting identities of multiple credit card-holder victims.

Memberships

  • Federal Bar Council, Program Committee 
  • American Bar Association: Litigation Section and Criminal Justice Section
  • New York State Bar Association, White Collar Crime Committee 

Online Publications

11/20/2012 - DOJ and SEC Release Long-Awaited FCPA Resource Guide
On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released the much-anticipated Resource Guide to the U.S. Foreign Corrupt Practices Act (the “Guide”).

04/29/2011 - Charging Expert Network Participants With Wire Fraud
The U.S. Attorney for the Southern District of New York last fall described insider trading on Wall Street as "rampant and [perhaps] on the rise," and more recently, announced that his office is "far from finished" with its ongoing investigation into alleged illicit interrelationships between so-called "expert network" referral companies and hedge funds.

04/12/2011 - SEC to Consider Extension of Registration Deadlines Applicable to Investment Advisers
In a letter dated April 8, 2011, to the President of the North American Securities Administrators Association (“NASAA”), Robert Plaze, Associate Director of the Division of Investment Management of the Securities and Exchange Commission (the “SEC”), stated that the SEC is expecting to adopt final rules implementing various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) applicable to investment advisers by July 21, 2011.

04/06/2011 - The Feds Are on It, and Big Banks Need to Shore Up Compliance Programs
In the past year the government has moved aggressively to prosecute insider trading cases - from the Justice Department’s wide-sweeping wire-tap investigations of Raj Rajaratnam and the Galleon hedge fund, and of so-called “expert network” participants, to the Securities and Exchange Commission’s civil enforcement action last week against a chemist at the Food and Drug Administration for trading on confidential information concerning drug approvals.

02/24/2011 - SEC Proposes Private Fund Systemic Risk Reporting on New Form PF
On January 25, 2011, the Securities and Exchange Commission (the “SEC”) proposed new Rule 204(b)-1 (the “Proposed Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that would implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

02/02/2011 - New FINRA Rule 5131 to Address Abuses in the Allocation and Distribution of IPOs
On November 29, 2010, the Financial Industry Regulatory Authority, Inc. (“FINRA”) announced that FINRA Rule 5131 will take effect on May 27, 2011. FINRA Rule 5131 is intended to sustain public confidence in the initial public offering (“IPO”) process by regulating the allocation, pricing and trading of IPOs of equity securities (“New Issues”).

01/27/2011 - Exemptions From Investment Adviser Registration: The SEC’s Proposed New Rules
Effective as of July 21, 2011, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) repeals a key exemption from investment adviser registration currently relied upon by many private fund managers and replaces it with several much more limited exemptions from registration.

12/28/2010 - SEC Proposes New Disclosure and Reporting Requirements for Investment Advisers
On November 19, 2010, the Securities and Exchange Commission (the “SEC”) proposed new rules and amendments to existing rules and Form ADV under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that would implement various amendments to the Advisers Act contained as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

07/23/2010 - Significant New Registration, Reporting and Regulatory Requirements Imposed on Advisers to Private Funds
On July 21, 2010, President Obama officially signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), which represents the most sweeping regulatory overhaul of the financial markets since the Great Depression. This alert addresses Title IV of the Act, codified as the Private Fund Investment Advisers Registration Act of 2010 (the “Registration Act”).

07/02/2010 - SEC Adopts Pay-to-Play Rules
On June 30, 2010, the Securities and Exchange Commission (the “SEC”) formally adopted Rule 206(4)-5 (the “Pay-to-Play Rule”) under the Investment Advisers Act of 1940, as amended (the “Act”).

01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.

01/25/2010 - A New Era of Cooperation at the SEC
The SEC’s Division of Enforcement is implementing a series of measures designed to enhance and encourage cooperation in its investigations and litigation and, the Division hopes, expedite the enforcement program.

05/27/2009 - Fraud Enforcement and Recovery Act Expands Liability Under the False Claims Act and Criminal Fraud Provisions
On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act (“FERA”). This comprehensive legislation expands the reach of federal law and increases funding for federal agencies to combat financial fraud. The most dramatic changes affecting government contractors and organizations participating in federally-funded programs are found in FERA’s expansion of the False Claims Act (“FCA”).

05/01/2009 - Selection of Venue in a U.S. Swaps Litigation Governed by an ISDA
Current strains on the capital markets are causing swap counterparties to file for bankruptcy or default on their trade obligations, a trend which may lead to an increase in swaps litigation over these defaulted swaps in the near term. This article looks at a common litigation issue - forum selection - in swaps cases governed by the industry standard International Swaps and Derivatives Association, Inc. ("ISDA") documentation.
© Bloomberg Law Reports 2009. Originally published by Bloomberg Law Reports. New York Law, Vol. 1, No. 1. Reprinted by permission.