David Siegal

Practices

Education and Clerkships

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, 1994

U.S. Court of Appeals for the Second Circuit, 2001

U.S. Court of Appeals for the Fifth Circuit

Profile

David Siegal is a Partner in the New York office of Haynes and Boone, and co-chair 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, complex commercial litigation, and cybercrime and data security. 

David's enforcement defense and investigation experience includes:

  • 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 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 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 foreign corporation in a Bitcoin exchange related federal grand jury investigation. 
  • Representing an internet technology executive in connection with a Computer Fraud and Abuse Act (CFAA) investigation. 
  • 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. 
  • Advising a cash handling and processing company concerning shifting state and federal law and policy regarding medical marijuana distribution and decriminalization initiatives. 
  • Advising a service technology company in connection with an investigation into a rogue employee’s data intrusion and theft of trade secrets. 
  • 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. And between 2002 and 2005, as a member of that office's Major Crimes Unit and a Computer Hacking and Intellectual Property (CHIPs) prosecutor, David handled complex fraud prosecutions involving computer technology attacks, data security and intellectual property theft, as well as crimes involving corporate insurance, bank, tax and investment fraud. 

David spent the first seven years of his career as a litigator with Paul, Weiss, Rifkind, Wharton & Garrison LLP and then 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, 2011-2014. He was also recognized as one of The Best Lawyers in America® in Criminal Defense: White Collar, 2013-2015.

Professional and Community Activities

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

Recognition

Best Lawyers

Best Lawyers in America 2015

Best Lawyers® in America, an annual referral guide listing outstanding attorneys throughout the U.S, has once again recognized Haynes and Boone, LLP lawyers. This year the firm increased its honored practices to 56.

Selected Client Representations

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 prosecuted several computer “hacker” cases under the CFAA for denial of service and data intrusion/intellectual property attacks on technology companies. 
  • Successfully brought felony charges for theft and pre-release web publication of studio cut of Universal Studios’ motion picture "The Hulk." 
  • Successfully brought precedent-setting criminal SPAM and intellectual property theft case in connection with stolen account list of 93 million America Online subscribers. 
  • 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. 
  • 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. 

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. 

Representative Experience

  • Equity Rollover Transaction

    Represent U.S. sellers in an equity rollover transaction in which a U.S. private equity firm acquired a controlling interest in the target U.S. and Canadian businesses.

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