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David I. Miller

David I. Miller, an experienced trial lawyer and former federal prosecutor, focuses his practice on white collar criminal defense, government and internal investigations, securities and commodities enforcement, related complex civil litigation, and cryptocurrency, cybersecurity, anti-money laundering, and national security matters. Previously, David served for five years as an Assistant U.S. Attorney in the Southern District of New York (S.D.N.Y.), 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, D.C., as a Special Assistant U.S. Attorney in the Eastern District of Virginia, as an Assistant General Counsel for the Central Intelligence Agency, and as a white-collar, securities, and commercial litigation attorney in private practice. Before joining Greenberg Traurig, David was a partner at another global law firm.

David represents a variety of clients – including banks, broker-dealers, hedge funds, private equity funds, investment companies and advisers, public and private companies, cryptocurrency businesses, senior officers, directors, and managers, and other individuals – facing risks of government investigation, criminal, civil and regulatory enforcement and prosecution, related civil litigation, and in matters requiring complex internal investigations. David regularly assists clients facing insider trading, market manipulation (including spoofing), accounting fraud, valuation fraud, and other securities/commodities and financial fraud issues; Foreign Corrupt Practices Act and Bank Secrecy Act/anti-money laundering compliance concerns; and issues implicating cryptocurrency, cybersecurity, forfeiture, and national security matters. To this end, David represents clients before federal and state courts, the Department of Justice, US Attorney's Offices, the Securities and Exchange Commission, Commodity Futures Trading Commission, self-regulatory organizations, state attorneys general offices, and other regulators and enforcement authorities.

As an experienced trial and appellate litigator with more than two decades of white-collar criminal and financial litigation experience (as both a federal prosecutor and defense lawyer), David represents clients at all stages of litigation through trial and appeal. 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 U.S. Court of Appeals for the Second Circuit. The Legal 500 US notes that David has been praised by industry insiders for his “sharp mind, strategic thinking and client-focused advice.” He has been recognized as a New York Super Lawyer in the area of white collar criminal defense and by Who’s Who Legal as a “Future Leader."

As an Assistant U.S. Attorney in S.D.N.Y.’s Securities and Commodities Fraud Task Force, David was responsible for investigating and prosecuting a wide range of high-profile 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 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 SEC, CFTC, FINRA, and other regulatory agencies. While David was an Assistant U.S. Attorney, he also prosecuted numerous other criminal offenses, including bank, mail, wire, health care, 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 DOJ’s Counterterrorism Section in Washington, D.C., where he investigated and prosecuted several high-profile terrorism-related cases through trial. He also served as a Special Assistant U.S. 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 has been recognized for his public service with Department of Justice and Central Intelligence Agency awards, has been selected to the New York “Super Lawyers” list from 2015 through the present, is regularly quoted in the news media, and often appears on television news programs providing expert opinion. David is also a technical advisor for a popular television drama series.

Concentrations

  • White-collar criminal defense
  • Securities and commodities litigation and enforcement proceedings
  • Corporate internal investigations
  • Foreign Corrupt Practices Act
  • Bank Secrecy Act
  • Anti-money laundering issues
  • Cryptocurrency
  • Cybersecurity
  • Appellate litigation
  • Forfeiture litigation
  • Compliance counseling
  • National security matters

Capabilities

Experience

  • Defended a former CEO of a for-profit education company against SEC charges in federal court, resulting in favorable, eve-of-trial settlement.°
  • Represented international bank in SEC trading investigation and convinced SEC to pursue no action.°
  • Represented international bank in CFTC spoofing investigation and secured favorable, low-penalty settlement.°
  • Representing global digital currency exchange in DOJ/CFTC investigations and state litigation.
  • Representing banks, broker dealers, hedge funds, public and private companies, traders, and senior officers in DOJ, SEC, and CFTC investigations involving alleged insider trading, market manipulation (including spoofing), accounting fraud, FCPA, cryptocurrency, and other securities regulatory issues.
  • Represented Fortune 500 companies, senior officers, and managers in DOJ, SEC, and internal investigations involving alleged violations of the FCPA in Europe, Asia, Africa, and Latin America.°
  • Defending former senior manager of automobile manufacturer in DOJ vehicle emissions investigation.
  • Representing individuals in DOJ and New York State Attorney General investigations of the cryptocurrency industry.
  • Representing accountants and senior managers of accounting firm in DOJ wire fraud/obstruction prosecution.
  • Advising financial institutions on Bank Secrecy Act, anti-money laundering, and asset forfeiture issues.
  • Represented officer of mortgage servicing company in SEC insider trading investigation and secured favorable, low-penalty settlement.°
  • Performing internal investigations for corporate, banking, and hedge fund clients involving securities enforcement and regulatory issues, wire fraud, FCPA, anti-money laundering, health care fraud, and national security issues.
  • Represented clients in constitutional challenge to New York City law in federal court.°
  • Represented large corporate client in investigation by New York State regulators.°
  • Advising clients on matters involving classified/sensitive national security issues.
  • Assistant U.S. Attorney, U.S. Attorney’s Office for the Southern District of New York, 2009-2014
    • Member, Securities and Commodities Fraud Task Force
    • Member, Money Laundering and Asset Forfeiture Unit
    • Member, General Crimes Unit
  • U.S. Department of Justice, 2007-2009
    • Trial Attorney, Counterterrorism Section
  • Special Assistant U.S. Attorney, U.S. Attorney’s Office for the Eastern District of Virginia, 2005-2006
  • Assistant General Counsel, Central Intelligence Agency, 2005-2007
  • Currently possesses TOP SECRET-level security clearance.
  • Possessed TOP SECRET/SCI (CODEWORD) security clearance for duration of government service, 2005-2014

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 relating to private equity fund’s acquisition of a fast food restaurant franchise.
  • 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 a 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 multimillion-dollar offering fraud and Ponzi scheme.°
  • United States v. Javier Martin-Artajo and Julien Grout (S.D.N.Y.): Co-counsel in securities fraud prosecution of two former traders for concealment of bank’s multibillion-dollar losses relating to 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, multimillion-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 Drug Enforcement Administration 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.°

Asset Forfeiture

  • United States v. Robert Egan and Bernard McGarry (S.D.N.Y.): As lead counsel in complex forfeiture proceedings involving nearly 40 petitioners, 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 a former chief of staff to the vice president for perjury, obstruction of justice, and making false statements.°

Complex Commercial and Civil Securities Litigation

  • 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.°
  • 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 a 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 a 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.°

°The above representations were handled by Mr. Miller prior to his joining Greenberg Traurig, LLP.

Recognition & Leadership

  • Listed, The Legal 500 United States
    • Dispute Resolution - Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates, 2020
    • Dispute Resolution - Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals, 2020
    • Media, Technology and Telecoms - Fintech, 2020
  • Listed, Super Lawyers magazine, New York Super Lawyers, “Criminal Defense: White Collar,” 2015-2019
  • Selected, Who’s Who Legal, “Investigations – Future Leaders – Partners,” 2019
  • Recipient, U.S. Department of Justice, Outstanding Performance Awards
  • Recipient, U.S. Department of Justice, Special Achievement Awards
  • Recipient, CIA, Exceptional Performance Awards
  • Member, New York City Bar Association
    • Member, Criminal Advocacy Committee, 2018-Present
  • Member, American Bar Association

Credentials

Education
  • J.D., New York University School of Law, 1998
    • Senior Staff Editor, Environmental Law Journal
  • B.A., magna cum laude, Georgetown University, 1995
Admissions
  • New York
  • New Jersey