Daniel Zelenko
New York
Partner and chair of @Crowell_Moring's White Collar group; former prosecutor; lifelong NYC sports fan; once promising junior tennis player; dad of two boys
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Articles by Daniel Zelenko
Rough Seas For International Cartels: DOJ Indicts Four Of The Largest Container Manufacturers And Executives For Price-Fixing
Crowell & Moring LLP are most popular: within Compliance topic(s) Last week, the U.S. Department of Justice (DOJ) Antitrust Division (the Division) revealed criminal charges against China International Marine Containers (Group) Co., Ltd. (CIMC) and several other major Chinese companies and executives involved in the manufacture and sale of standard dry shipping containers, which are used for shipping dry, unrefrigerated cargo on ships around the world.
DOJ Antitrust Division Issues First-Ever Award Under Whistleblower Rewards Program
Crowell & Moring LLP are most popular: within Law Department Performance and Coronavirus (COVID-19) topic(s) On January 29, 2026, the U.S. Department of Justice (DOJ) Antitrust Division (Division) and U.S. Postal Service announced the first-ever payment under the antitrust whistleblower rewards program, awarding $1 million to an individual whose information led to a $3.28 million fine as part of a deferred prosecution agreement with EBLOCK Corporation, an online auction platform for used...
Antitrust Division Launches Whistleblower Rewards Program
On July 8, 2025, the Department of Justice Antitrust Division announced a new program to provide rewards to individuals who report antitrust violations related to the Postal Service. This is the first program of its kind to provide a monetary reward to individuals who assist in the prosecutions of antitrust crimes.
SEC Shifts Enforcement Focus With Launch Of Cyber And Emerging Technologies Unit
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
U.S. Attorney General Shifts Focus From White Collar Crime Toward Fighting Transnational Criminal Organizations And Cartels
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
SEC And CFTC Extend Form PF Compliance Date For Recent Form PF Amendments To June 12, 2025
On January 29, 2025, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) announced a three-month extension of the compliance date for the new Form PF amendments, moving the deadline from March 12, 2025, to June 12, 2025.1 This extension provides private fund advisers additional time to implement the operational and technological changes required under the updated Form PF reporting framework adopted on February 8, 2024.
Form PF Compliance Amid Recent SEC Enforcement Actions And Upcoming Deadlines
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us. Form PF and the General Instructions have undergone significant revisions in recent years.
Private Fund Adviser Fined For Insufficient MNPI Controls As SEC Continues To Scrutinize Ad Hoc Committee Participants
Key takeaway #1 Tailored Compliance Policies and Procedures: Firms should expect SEC inquiries during examinations about their MNPI management policies and trading activities. Policies must be specifically tailored to reflect the risks of the firm's specific business practices considering the various ways in which a firm may receive MNPI.
Flag On The Play: SEC Fines Adviser For Insufficient MNPI Controls In CLO Trades
Key takeaway #1 Investment advisers and CLO managers should tailor their MNPI policies to their unique operations, considering the loan exposure of both proprietary and third-party CLOs. Key takeaway #2 Advisers should consult legal or compliance personnel before accessing confidential borrower information, especially as loan syndicate members or creditors committee members, as involvement in these committees poses increased risk of insider trading allegations.
Chasing Carrots: The Uncertain Rewards of SEC Self-Reporting and Cooperation | New York Law Journal
On May 23, 2024, at the Securities Enforcement Forum West 2024, Gurbir Grewal, the director of the Division of Enforcement at the U.S. Securities and Exchange Commission (SEC), gave remarks entitled “The Five Principles of Effective Cooperation in SEC Investigations.” In his speech, Grewal reemphasized the SEC’s focus on corporate cooperation during the agency’s investigations, including that companies self-report to the SEC, including before a company knows all the facts.
SEC's Private Fund Advisers Rule Vacated By The Fifth Circuit
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
Supreme Court Rules Gratuity Insufficient For Conviction Under Federal Bribery Law
On June 26, 2024, a 6-3 majority of the U.S. Supreme Court narrowed the scope of federal bribery law by ruling that 18 U.S.C. § 666 does not cover gratuities provided to officials for past acts. The Court held that Section 666, which outlaws bribery of state and local officials when federal funds are involved, does not extend to "gratuities" that follow an official act, in large part because regulation of such gifts is a matter of state and local law. The case before the Court, Snyder v.
SEC "Encourages" Public Companies To Disclose "Immaterial" Cybersecurity Incidents Under Item 8.01 Of Form 8-K
CM Crowell & Moring LLP More Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
Short-Term Messages, Long-Term Consequences – New Guidelines From Antitrust Authorities On Ephemeral Messages - Antitrust, EU Competition - United States
As collaboration tools and ephemeral messaging applications become ubiquitous in the modern workplace, the Antitrust Division of the Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") are making clear that their content must be preserved like traditional modes of communication.
FBI Offers Pathway To Request Delay Of SEC Cybersecurity Incident Disclosures
Public companies now have a pathway to request a delay in their cybersecurity incident disclosure to the U.S. Securities and Exchange Commission ("SEC"). On December 6, 2023, the Federal Bureau of Investigation ("FBI") Cyber Division published the "Cyber Victim Requests to Delay Securities and Exchange Commission Public Disclosure Policy Notice" (the "Policy Notice") in response to the SEC's finalized disclosure rules (the "Final Rules").
FBI Offers Pathway to Request Delay of SEC Cybersecurity Incident Disclosures
Public companies now have a pathway to request a delay in their cybersecurity incident disclosure to the U.S. Securities and Exchange Commission (“SEC”). On December 6, 2023, the Federal Bureau of Investigation (“FBI”) Cyber Division published the “Cyber Victim Requests to Delay Securities and Exchange Commission Public Disclosure Policy Notice” (the “Policy Notice”) in response to the SEC’s finalized disclosure rules (the “Final Rules”).
FBI Offers Pathway to Request Delay of SEC Cybersecurity Incident Disclosures
Public companies now have a pathway to request a delay in their cybersecurity incident disclosure to the U.S. Securities and Exchange Commission (“SEC”). On December 6, 2023, the Federal Bureau of Investigation (“FBI”) Cyber Division published the “Cyber Victim Requests to Delay Securities and Exchange Commission Public Disclosure Policy Notice” (the “Policy Notice”) in response to the SEC’s finalized disclosure rules (the “Final Rules”).
Uncharted Territory: The SEC Sues SolarWinds And Its CISO For Securities Laws Violations In Connection With SUNBURST Cyberattack
On October 30, 2023, the Securities and Exchange Commission (the "SEC") filed a civil lawsuit charging SolarWinds Corporation ("SolarWinds" or the "Company") and its chief information security officer, Timothy G. Brown ("Brown"), with securities fraud, internal controls failures, misleading investors about cyber risk, and disclosure controls failures, among other violations.
Uncharted Territory: The SEC Sues SolarWinds and its CISO for Securities Laws Violations in Connection with SUNBURST Cyberattack
On October 30, 2023, the Securities and Exchange Commission (the “SEC”) filed a civil lawsuit charging SolarWinds Corporation (“SolarWinds” or the “Company”) and its chief information security officer, Timothy G. Brown (“Brown”), with securities fraud, internal controls failures, misleading investors about cyber risk, and disclosure controls failures, among other violations.
Uncharted Territory: The SEC Sues SolarWinds and its CISO for Securities Laws Violations in Connection with SUNBURST Cyberattack
On October 30, 2023, the Securities and Exchange Commission (the “SEC”) filed a civil lawsuit charging SolarWinds Corporation (“SolarWinds” or the “Company”) and its chief information security officer, Timothy G. Brown (“Brown”), with securities fraud, internal controls failures, misleading investors about cyber risk, and disclosure controls failures, among other violations.
New Voluntary Self-Disclosure Policy for All United States Attorney’s Offices
On February 22, 2023, United States Attorneys for the Southern and Eastern District of New York announced a new, nationwide United States Attorneys’ Offices Voluntary Self-Disclosure (“VSD”) Policy. The policy applies to all United States Attorney’s Offices and is effective immediately.
SEC issues tougher insider trading rules for executives
The amendments to the rule end a controversial practice in which executives can sell stock days after creating a plan, which research suggests leads to abnormal returns, raising suspicion that they may have acted on inside information. The amendments impose a 90-day cooling-off period between when the plan is created or modified and when executives can trade, which makes it harder for executives to create or modify a plan informed by insider information.
SEC Issues Tougher Insider Trading Rules for Executives
SEC Seeks to Crack Down on Insider Trading Abuses by Corporate Executives with the Adoption of New Disclosures and Trading Restrictions On December 14, 2022, the U.S. Securities and Exchange Commission (“SEC”) unanimously voted to adopt amendments to Rule 10b5-1 plans, adding new disclosure requirements aimed at curtailing abuses of insider trading by corporate executives.
DOJ’s “Déjà vu All Over Again” for Corporate Crime
On October 28, Deputy Attorney General (“DAG”) Lisa O. Monaco delivered remarks at the ABA’s 36th National Institute on White Collar Crime. Department of Justice (“DOJ” or “Department”) officials have recently referenced the coming enforcement “surge,” and the DAG’s remarks last week provide a roadmap to corporate criminal enforcement under the current administration.
COVID-19 Relief Fraud Prosecutions Target Increasingly Sophisticated Schemes
Eight months into the COVID-19 pandemic, the U.S. Department of Justice (DOJ) and its law enforcement partners are taking an increasingly aggressive approach to investigating and pursuing allegations of fraud related to federal relief programs designed to aid small businesses and their employees. Over the past week, the DOJ announced charges against 11 individuals in connection with two different COVID-19 relief fraud schemes.
DOJ's Procurement Collusion Strike Force Amps Up Its Enforcement Ranks
Just days after the anniversary of its launch, the Department of Justice’s Procurement Collusion Strike Force has expanded its ranks to include 11 new national partners. The U.S. Air Force Office of Special Investigations and the Department of Homeland Security’s Office of Inspector General, as well as nine additional U.S. Attorneys’ Offices, have joined the government’s effort to combat collusion, fraud, and antitrust crimes in the public procurement process.
Procurement Collusion Strike Force Brings First Case Against Government Contractor in North Carolina
Late Friday, the Department of Justice announced its first charges under the Procurement Collusion Strike Force. A federal grand jury seated in the Eastern District of North Carolina returned a six-count indictment against Ohio-based Contech Engineered Solutions LLC and its former executive for their involvement in a decade-long conspiracy to rig bids for North Carolina Department of Transportation contracts.
Coronavirus Update: Prosecutors in New York and Texas Charge Individuals for Defrauding COVID-19 Relief Programs
Federal authorities continue to prioritize and aggressively pursue individuals across the country who seek to exploit coronavirus relief programs meant to aid small businesses and their employees. Over the past week, Muge Ma of New York and Samuel Yates of Texas were arrested, each for submitting multiple fraudulent applications for COVID-19 relief through the Paycheck Protection Program (PPP). Both men obtained loan proceeds before their schemes were uncovered.
Coronavirus Update: COVID-19 Enforcement Actions Surrounding Stimulus Funds
The Justice Department filed the first of likely many criminal charges related to the coronavirus stimulus Paycheck Protection Program (PPP), the $660 billion taxpayer fund to provide largely forgivable loans to small businesses suffering under the strain of the pandemic. Click here to continue reading the full version of this alert.
Is the Procurement Collusion Strike Force a New Frontier for Cartel Enforcement?
As governments on every level ramp up their responses to the pandemic, companies may find themselves doing business with government agencies in new and unexpected ways, and as a result under more scrutiny than ever. One source of oversight is the Procurement Collusion Strike Force, an interagency partnership that expands and formalizes prior efforts to combat bid-rigging and other antitrust violations in government contracting at the federal, state and local levels.
Government Contracts Classroom: Top Questions about the Procurement Collusion Strike Force | Lexology
Click here to listen to the audio Crowell & Moring's "Government Contracts Classroom" is a podcast that covers a wide range of topics relevant to government contractors and provides training and information designed to help you navigate the complexities of government contracting.
Government Contracts Classroom: Top Questions about the Procurement Collusion Strike Force
Crowell & Moring’s “Government Contracts Classroom” is a podcast that covers a wide range of topics relevant to government contractors and provides training and information designed to help you navigate the complexities of government contracting. In this inaugural episode, counsel Megan Wolf talks with partners Daniel Zelenko and Gail Zirkelbach about the DOJ’s new Procurement Collusion Strike Force, answering the most common questions they have received since the Strike Force was announced.
Senior DOJ Official Reinforces Role of Leniency, Compliance Programs to Deter Bid Rigging and Anticompetitive Procurement Conduct
Richard Powers, Deputy Assistant Attorney General for Criminal Enforcement, spoke at the ABA’s International Cartel Workshop on February 19, 2020, discussing the strong commitment the Division has to its leniency program as a core tool for effectively combatting cartel conduct. Powers stressed the complementary nature of leniency and partnerships such as the PCSF in creating a holistic approach to detecting, deterring, and prosecuting bid rigging and other criminal antitrust violations.
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