White Collar DefenseSecurities and Derivatives Litigation and Regulatory Group
Bank Regulatory
Commercial Litigation
University of Pennsylvania Law School, J.D., 1982
Ohio State University, B.A., 1979
cum laude, Phi Beta Kappa
New YorkNew Jersey
U.S. District Court, S.D. New YorkU.S. District Court, E.D. New York
U.S. District Court, Dist. of New Jersey
U.S. Court of Appeals, 2nd Circuit
U.S. Court of Appeals, 3rd Circuit
American Bar Association, Business Law Section, Chairman of the White Collar Crime Committee
David M. Rosenfield, Counsel in the Litigation Department, concentrates his practice in white collar criminal defense, corporate internal investigations and securities and commodities regulation and litigation, representing both corporations and senior executives. David represents and defends clients before federal agencies including U.S. Attorneys' Offices, the SEC, and the Department of Health and Human Services; state agencies, such as the New York State Attorney General's Office and the New Jersey Division of Criminal Justice; and self-regulatory agencies, such as the Financial Industry Regulatory Authority.
In August 2011, David began serving his 3-year term as chairperson of the White Collar Crime Committee of the American Bar Association's Business Law Section. He regularly speaks at seminars and authors articles for publication on government investigations, corporate internal investigations, securities industry regulation and anti-money laundering compliance. David appears regularly on CNBC, PBS and Bloomberg Television to discuss white collar criminal matters such as the Madoff and Rajaratnam cases, and has been quoted on white collar issues in various national publications.
Prior to joining Herrick, David was Senior Counsel and Manager of Legal Process at The Bank of New York, where he provided legal counsel to the Anti-Money Laundering Committee and taught the laws and regulations section of the Advanced Anti-Money Laundering Seminar. He also conducted several internal investigations for the bank and coordinated its responses to inquiries from federal and state bank regulators. David also supervised the bank's 15-person Legal Process Department, which processed and responded to legal papers served on the bank.
Prior to that, David was a prosecutor in the Frauds Division of the U.S. Attorney's Office for the District of New Jersey in Newark. He prosecuted white collar criminal cases, including three complex securities fraud cases in which he supervised detailed, lengthy investigations and coordinated the activities of Assistant U.S. Attorneys, federal law enforcement agents and investigators from regulatory agencies.
One of the cases, which resulted in 14 guilty pleas and the conviction of two others following a jury trial, involved a "boiler-room" brokerage firm in which fraudulent sales practices were used to defraud customers out of more than $100 million. The other two cases involved the market manipulation of low-priced stocks, as a result of which investors lost tens of millions of dollars. The two manipulation cases involved lengthy jury trials and resulted in convictions. David received letters of commendation from the Attorney General of the United States and the Director of the FBI for his successful prosecution of U.S. v. Eric Wynn, et al. (D.N.J.), a market manipulation securities fraud case.
David was previously a Staff Attorney in the Division of Enforcement of the Securities and Exchange Commission in Washington, D.C. where he co-authored a paper entitled "An Overview of Market Manipulation: Legal and Practical Aspects."
Former MF Global Officer - DOJ, CFTC and SEC Investigations
Representation of a former senior officer of MF Global in investigations being conducted by the Department of Justice, the CFTC and the SEC in connection with the collapse and bankruptcy of the company.
Former Bank Directors - FDIC Investigation
Represent two directors of a failed New York City area community bank in the defense of claims by the FDIC.
Professional Athletes - Grand Jury Investigation
Representation of several prominent professional athletes in a high profile criminal investigation by the Department of Justice.
Medical Device Company Executive - Grand Jury and Regulatory Investigations
Representation of a medical device company's former Vice President of Sales in parallel federal grand jury and Health and Human Services Department investigations of alleged pay-offs to doctors.
Investment Adviser - Successful Conclusion to Internal Investigation
Conducted an internal investigation for a nationally recognized investment adviser to a series of hedge funds following a whistleblower's complaint concerning SEC compliance and operational issues. Upon submission of a report of our investigation, which determined that the whistleblower's allegations had no merit, the SEC never brought charges.
Insider Trading - SEC Action
Representation of a Canadian investor in an SEC insider trading lawsuit.
Hedge Fund - SEC Investigation
Successful defense of a prominent hedge fund in connection with an SEC investigation of alleged misrepresentations and the alleged failure to disclose material facts to investors. We prepared a Wells Submission which resulted in decision by the SEC to drop the investigation.
Manufacturing Company Executive - Grand Jury Investigation
Representation of a manufacturing company executive who was the target of a federal grand jury investigation into alleged violations of the Arms Export Control Act. Convinced the government not to charge the client.
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