David M. Chaiken

Partner

Atlanta
Business Phone: 404.885.2587
Business Fax: 404.885.3900

david.chaiken@troutman.com

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David Chaiken is a partner in the White Collar & Government Investigations practice of Troutman Sanders LLP. A former federal prosecutor, his practice is focused on the representation of companies and individuals in white collar criminal matters, grand jury investigations, government investigations and enforcement actions, internal investigations, corporate compliance program counseling, and complex civil litigation in state and federal courts. He has significant experience with matters involving securities fraud, insider trading, fraudulent financial reporting, bank fraud, health care fraud, tax fraud, bribery, and federal program fraud, as well as with cybercrimes, Bank Secrecy Act violations, and anti-money laundering compliance issues.

Prior to joining Troutman, David served as an Assistant United States Attorney in the Economic Crimes Section of the U.S. Attorney’s Office in Atlanta for nine years. In that position, David led all phases of the investigation and prosecution of corporate and white collar crimes ranging from public company accounting fraud to employee embezzlement, including high-profile insider trading and accounting fraud cases and one of the largest law firm trust account embezzlements in U.S. history. David also coordinated parallel proceedings with the U.S. Securities & Exchange Commission and other agencies, served as a member of the Securities & Commodities Fraud Working Group, and was a Computer Hacking & Intellectual Property (“CHIP”) prosecutor for cybercrime matters. He has significant jury trial and motions experience, having tried several high-profile cases to verdict. His recent jury trials include a bribery and honest services fraud trial against three top corporate executives in September 2016, and one of the first criminal insider trading trials in Georgia history in August 2015, involving a remote-tippee hedge fund manager.

Before becoming a federal prosecutor, David worked as a law clerk for Senior U.S. District Judge William C. O'Kelley of the U.S. District Court in Atlanta from 2001 to 2002, and was a business and securities litigator in Atlanta and San Francisco for five years.

Representative Matters

  • Conducted internal investigation on behalf of Board of Directors of non-profit organization into potential crimes by former officer
  • Conducted internal investigation on behalf of Special Committee of Board of Directors of NYSE-listed public company into allegations of misconduct by CEO
  • Advised publicly-traded financial institutions, community banks, private FinTech companies, and small businesses on anti-money laundering (“AML”) compliance issues
  • Advised corporate victims of fraud, extortion, and embezzlement on referring crimes to law enforcement authorities for possible investigation and prosecution
  • Defended small business owner against federal fraud indictment, resolving case with below-guidelines sentence and small fine

Presentations and Speaking Engagements

  • Panelist, Disruptive Innovation in Criminal Defense: Demanding Corporate Criminal Trials, 2017 Law Review Symposium, Mercer University School of Law, October 6, 2017
  • Presenter, “Best Practices for Conducting Internal Investigations,” Continuing Legal Education, July 25, 2017.
  • Presenter, “Compliance and the Changing Political Landscape,” 10th Annual Best Practices Workshop, The Atlanta Compliance & Ethics (ACE) Roundtable, May 4, 2017.
  • Presenter, “Anti-Money Laundering/Bank Secrecy Act Compliance Training,” Continuing Legal Education, April 12, 2017.
  • Presenter, “Insider Trading: Recent Developments,” Advanced Securities Law Seminar, State Bar of Georgia Institute of Continuing Legal Education, February 15, 2017.  
  • Presenter, “The Yates Memo-The Potential Impact on White Collar Criminal Investigations and Individual Prosecutions,” Regional Compliance & Ethics Conference, Society of Corporate Compliance and Ethics, June 10, 2016.
  • Instructor, Kessler-Eidson Trial Techniques Program, Emory University School of Law, spring 2013, spring 2016.
  • Panelist, “Trends in Coordinated Parallel Investigations,” Fraud Against the Government and SEC Whistleblower Actions Training, Emory University School of Law, February 18, 2016.
  • Panelist, Cyber Security Seminar, Cobb County Chamber of Commerce, March 19, 2015.
  • Panelist, “Taking Manageable (Giga)Bytes: Tips for Managing Regulatory Enforcement Interactions in a Digital Age,” Association of Corporate Counsel in conjunction with Paul Hastings LLP, January 29, 2015.
  • Presenter, “Fraudulent Financial Reporting and Insider Trading,” Open World Leadership Center, Friendship Force International, Atlanta Chapter, September 18, 2014.
  • Panelist, “Legal Trends in Criminal Cases,” Southeastern Securities Conference for Regulators, Prosecutors, and Investigators, June 26, 2014.
  • Guest Instructor, “Perjury, False Statements, and Obstruction of Justice,” White Collar Crime, Georgia State University School of Law, February 2, 2014.
  • Panelist, “What Happens When the Government Surfaces During Your Civil Litigation?” Atlanta Bar Association, Securities & Corporate Litigation Sub-Section, May 30, 2013.

Publications

Rankings and Recognition

Professional Experience

  • Partner, Troutman Sanders LLP, 2016-present
  • Assistant United States Attorney, Economic Crimes Section, U.S. Attorney's Office for the Northern District of Georgia, 2007-2016
  • Associate, Heller Ehrman LLP, 2004-2007
  • Associate, King & Spalding LLP, 2002-2004
  • Law Clerk, The Honorable William C. O'Kelley, U.S. District Court for the Northern District of Georgia, 2001-2002

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Education

  • Emory University, J.D., with honors, 2001
    Notes & Comments Editor, Emory Law Journal (2000-2001)
  • Colgate University, B.A., 1995

Bar Admissions

  • Georgia
  • California

Court Admissions

  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Southern District of California
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Georgia State Courts
  • California State Courts