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David M. Rosenfield: profile
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David M. Rosenfield, counsel in Herrick's Litigation Department, concentrates his practice in white collar criminal defense, corporate internal investigations, securities regulation and litigation, food safety cases, and food and drug industry investigations. David represents and defends individuals and corporations before federal agencies such as the U.S. Attorneys' Offices, the SEC, the FDIC, and the Department of Health and Human Services, including the FDA; 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 September 2014, David completed 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, food safety issues, securities industry regulation, including insider trading, and anti-money laundering compliance. David has appeared 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 involved a more than $100 million fraud against customers of a "boiler-room" brokerage firm, resulted in 14 guilty pleas and two convictions following a jury trial. The other two cases, arising from the market manipulation of low-priced stocks, 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."

Recent Matters of Note:
Securities Trader - Federal Criminal and SEC Civil Insider Trading Charges
Representing a securities trader in a Department of Justice criminal action and a related SEC civil action where our client is charged with participating in an insider trading scheme in which the securities of public companies were sold short in advance of secondary offerings, allegedly based upon material, non-public information.
Former Chairman Board of Directors - SEC Administrative Proceeding
Represented the former chairman of the board of directors of a start-up sports and entertainment company, and a company consultant, in an SEC administrative proceeding alleging violations of the anti-fraud, control person, broker registration and securities registration provisions of the federal securities laws.
Former President of Guatemala - DOJ Criminal Action
Representation of former Guatemalan President Alfonso Portillo in defense of a federal money laundering conspiracy charge.
NYC Attorney - Joint US Attorney and SEC Investigations into Alleged Misappropriation of Funds and Market Manipulation
Represented a prominent former New York City attorney in a joint federal criminal investigation, conducted by the U.S. Attorney's Office, District of Columbia and the SEC, into alleged misappropriation of funds of a large foreign public company and market manipulation of the securities of several small U.S. public companies.  Herrick was able to resolve the federal criminal charges against our client through a guilty plea to a single count of obstruction of justice, resulting in a far lower sentencing guidelines range than would have resulted had the client pled to multiple securities fraud charges, as the Department of Justice was initially contemplating.  The client was sentenced to two years of probation, later reduced to one year.  Notwithstanding the criminal charges involving the sale of securities, the SEC did not bring charges.
Food Products Company - FDA Investigation
Representation of a national food products company in an FDA investigation of food safety issues.
Former Bank Directors - FDIC Investigation

Representation of three directors of a failed New York City community bank in the defense of claims by the FDIC that the directors failed to exercise due care in their oversight of the bank's loan portfolio.

Former MF Global Officers - DOJ, CFTC and SEC Investigations
Representation of former officers of MF Global in investigations conducted by the Department of Justice, the CFTC and the SEC in connection with the collapse and bankruptcy of the company.
Former Teammates of Lance Armstrong – Department of Justice Investigation
Represented a professional cycling team, and three of its cyclists, in a criminal investigation by the U.S. Department of Justice, and a related investigation by the United States Anti-Doping Agency, concerning the use of performance enhancing drugs by the riders' former teammate Lance Armstrong. 
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.
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.
Insider Trading - SEC Action
Representation of a Canadian investor in an SEC insider trading lawsuit.
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