David I. Miller practices in the areas of white collar, government and internal investigations, securities enforcement, and related complex civil litigation. He is a former federal prosecutor, senior national security litigator, and large-firm securities and complex commercial litigator. Prior to joining the firm, David served for five years as an Assistant US Attorney in the Southern District of New York (SDNY), over half that time as a member of the Securities and Commodities Fraud Task Force. He also served as a terrorism prosecutor with the Department of Justice in Washington, DC, as a Special Assistant US Attorney in the Eastern District of Virginia, as an Assistant General Counsel for the Central Intelligence Agency, and as a securities and commercial litigation attorney in private practice.
David has experience in white collar criminal defense; securities litigation and enforcement proceedings; corporate internal investigations; complex commercial litigation; compliance counseling; forfeiture litigation; and national security matters. David has conducted 10 jury and bench trials, several of which were multi-defendant trials, including securities and accounting fraud trials, with guilty verdicts secured for nearly all defendants on all counts. As an appellate advocate, David has briefed and argued several appeals before the US Court of Appeals for the Second Circuit.
As an Assistant US Attorney in SDNY’s Securities and Commodities Fraud Task Force, David was responsible for investigating and prosecuting a wide range of securities and commodities fraud offenses, including insider trading, investment adviser fraud, offering fraud, accounting fraud, options backdating, market manipulation, reverse mergers, credit default swap schemes, hedge fund improprieties, and Ponzi schemes. David handled multiple insider trading matters and was part of a team of prosecutors leading the government’s investigation and prosecution of Operation Perfect Hedge, which has resulted in the conviction of more than 80 individuals for insider trading offenses since 2009. As part of his duties, he worked closely with, and coordinated parallel civil enforcement proceedings with, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Financial Industry Regulatory Authority, and other regulatory agencies. While David was an Assistant US Attorney, he also prosecuted numerous other criminal offenses, including bank, mail, wire, and tax fraud; credit card fraud and identity theft; money laundering; obstruction of justice and false statements; terrorism offenses; export control violations; and narcotics, firearms, and robbery offenses. Additionally, he has experience with asset forfeiture issues, having litigated several criminal and civil forfeiture proceedings.
David previously served as a terrorism prosecutor with the US Department of Justice’s Counterterrorism Section in Washington, DC, where he investigated and prosecuted complex terrorism-related cases through trial. He also served as a Special Assistant US Attorney in the Eastern District of Virginia, where he investigated and prosecuted white collar, firearms, narcotics, and gang-related offenses through trial.
David’s career includes his time as an Assistant General Counsel for the Central Intelligence Agency, where he litigated and prosecuted cases on the CIA’s behalf (including classified and state secrets matters); was the assigned CIA representative to the prosecution team in United States v. I. Lewis (“Scooter”) Libby (D.D.C.); regularly advised senior CIA officials; and represented the CIA at high-level, interagency meetings implicating sensitive national security issues.
Before joining government service in 2005, David spent six-and-a-half years as a securities, complex commercial and bet-the-company litigator with two large law firms in New York.
David’s experience in securities and commodities fraud, including his role as a securities litigator in private practice, greatly supplements our financial institution litigation and securities enforcement practices. His background is invaluable for clients—including broker-dealers, hedge funds, private equity funds, investment companies and advisers, banks, and public companies—facing risks of government investigation, regulatory enforcement, and related civil litigation, as well as other matters that require internal investigations, including Foreign Corrupt Practices Act compliance. To this end, David represents clients before DOJ, various U.S. Attorney's Offices, SEC, CFTC, FINRA and other self-regulatory organizations, as well as state regulators and enforcement authorities. He is also an asset for clients facing issues implicating national security, international clients doing significant business in the United States, and clients with privacy and cybersecurity issues.
Defending former CEO of for-profit education company against SEC charges in federal court.
Representing Fortune 500 companies and managers in DOJ, SEC, and internal investigations involving alleged violations of the Foreign Corrupt Practices Act in Europe, Asia, Africa, and Latin America.
Representing banks, broker dealers, and hedge funds in DOJ and SEC investigations involving alleged insider trading, market manipulation, accounting fraud, FCPA, and other securities regulatory issues.
Defending senior manager of automobile manufacturer in DOJ vehicle emissions investigation.
Performing internal investigations for corporate, banking, and hedge fund clients involving securities enforcement and regulatory issues, wire fraud, anti-money laundering, and national security issues.
Representing clients in government investigations involving alleged manipulative trading activities.
Representing large corporate client in investigation by New York state regulators.
Below are David’s representative matters as a federal prosecutor in New York and Washington, DC:
Securities and Commodities Fraud
United States v. Michael Balboa (S.D.N.Y.): Co-lead counsel in successful three-week jury trial of former portfolio manager of large hedge fund for engaging in conspiracy to inflate month-end values of fund’s position in sovereign debt instrument
United States v. Waldyr Prado and Igor Cornelsen (S.D.N.Y.): Lead counsel in ongoing prosecution of two financial professionals for insider trading in connection with private equity fund’s acquisition of Burger King
United States v. Louis Tomasetta and Eugene Hovanec (S.D.N.Y.): Trial counsel in five-week jury trial of former CEO and CFO of semiconductor company on securities fraud charges relating to revenue-recognition and stock-option-backdating scheme. Guilty pleas to obstruction-of-justice charges secured after hung jury
United States v. Abdul Walji and Reniero Francisco (S.D.N.Y.): Lead counsel in successful prosecution of CEO and President of investment fund for perpetrating multi-million dollar offering fraud and Ponzi scheme
United States v. Javier Martin-Artajo and Julien Grout (S.D.N.Y.): Co-counsel in ongoing securities fraud prosecution of two former traders for concealment of bank’s multi-billion dollar losses in connection with 2012 “London Whale” swap trading
United States v. Tai Nguyen (S.D.N.Y.): Lead counsel in successful insider trading prosecution of President of investment research firm and paid consultant of expert networking firm for tipping hedge fund managers
United States v. Winifred Jiau (S.D.N.Y.): Lead appellate counsel in successful defense in the Second Circuit of first insider trading trial conviction arising out of the government’s investigation of expert networking firms
United States v. Anand Sekaran (S.D.N.Y.): Lead counsel in successful prosecution of President of hedge fund for perpetrating $2 million Ponzi scheme against his investors
United States v. Scot Zarkiewicz (S.D.N.Y.): Lead counsel in successful prosecution of former CEO of software company for perpetrating wide-scale, multi-million dollar offering fraud against multiple investors
United States v. Ezra Levy (S.D.N.Y.): Lead counsel in successful prosecution of Chief Trader and CFO of Manhattan hedge fund for embezzling $3 million from the fund
Other White Collar Crime
United States v. J. Christopher Daly and Michael Abreu (S.D.N.Y.): Lead counsel in successful prosecution of President and Director of Asset Management of real estate company for perpetrating $2 million dollar invoicing scheme
United States v. Richard Tedeschi (S.D.N.Y.): Lead counsel in successful mail fraud and identity theft prosecution of Controller of Manhattan investment firm for embezzling from the firm
United States v. Juan Garcia et al. (S.D.N.Y.): Lead counsel in successful prosecution of New York City police officer and six others in tax refund and mail diversion scheme in the Bronx
Narcotics and Violent Crime
United States v. Amaury Lopez Jr. et al. (S.D.N.Y.): Co-lead counsel in successful prosecution and two-week jury trial of leaders of large New York cocaine organization, including of a DEA Regional Priority Organization Target
United States v. Walter Garcia et al. (S.D.N.Y.): Lead counsel in successful two-week jury trial of leader of interstate, narcotics-related kidnapping conspiracy and prosecution of leader’s co-conspirators
United States v. Robert Egan and Bernard McGarry (S.D.N.Y.): As lead counsel in complex forfeiture proceedings involving nearly 40 petitioners, successfully resolved numerous independent claims to disputed assets
Terrorism (Washington, D.C.)
United States v. Mohammad Amawi, et al. (N.D. Ohio): Trial counsel in successful three-month jury trial of three defendants for conspiring to murder U.S. soldiers overseas. This was the first federal prosecution of a U.S.-based terror cell.
United States v. Wesam Al Delaema (D.D.C.): Co-counsel in first successful investigation and prosecution of an Iraqi insurgent in federal court
Perjury and False Statements (Washington, D.C.)
United States v. I. Lewis (“Scooter”) Libby (D.D.C.): CIA representative to Office of Special Counsel team that successfully prosecuted former Chief of Staff to the Vice President for perjury, obstruction of justice, and making false statements
Below are David’s representative matters as a litigation attorney in private practice:
Securities and Commodities Fraud
Represented defendants in Rule 10b-5 class action in Denver, Colo., arising out of failure and subsequent bankruptcy of large telecommunications company
Represented two major media companies in S.D.N.Y. securities action involving alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act arising out of a company’s acquisition
Represented financial institutions in NASD arbitrations involving “exchange funds” and allegations of improper investment recommendations
White Collar Defense
Conducted large-scale internal investigations and represented clients in U.S. Attorney’s Office proffer sessions
Complex Commercial Litigation (Including IP Litigation)
Prosecuted and defended against breach of contract and fiduciary duty, misappropriation of trade secrets, and fraud claims arising from various partnership, accounting, and investment disputes
Prosecuted and defended series of litigations and arbitrations on behalf of private equity investors arising out of the impairment of a company’s goodwill through unlawful solicitation by the company’s former employees
Member of litigation team that successfully defended major medical device manufacturer in two-month patent infringement jury trial in Minnesota federal court
Advised large financial institutions and private equity funds of litigation impact of equity and debt investments
Represented large reinsurers and insurance companies and brokers in complex reinsurance disputes
Georgetown University, 1995, Bachelor of Arts, magna cum laude
New York University School of Law, 1998, Juris Doctor
US Court of Appeals for the Second Circuit
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
US District Court for the District of New Jersey
New York State Supreme Court for the Appellate Division for the First Judicial Dept
Awards and Affiliations
Recognized, Criminal Defense: White Collar (New York Metro), Super Lawyers (2015–2017)
Department of Justice Outstanding Performance and Special Achievement Awards
CIA Exceptional Performance Awards
Senior Staff Editor, Environmental Law Journal, NYU School of Law