David Deitch leads the White Collar Business Litigation and Compliance practice at Berenzweig Leonard. David is an experienced white collar trial lawyer who has tried more than 100 jury trials to verdict in federal and state courts around the nation. In serving his clients’ interests in criminal defense, civil, regulatory, and administrative matters, David brings to bear a lengthy tenure as a state and federal prosecutor, as well as years serving as defense counsel for blue chip businesses and individuals.

Background

David’s diverse white collar background includes years of public service in the Justice Department and as a state prosecutor. David served in Robert Morgenthau’s Manhattan (New York) District Attorney’s Office (1992-95), and later worked in the Office of Independent Counsel Carol Elder Bruce (1998-99) investigating then-Secretary of the Interior Bruce Babbitt, and in the United States Attorney’s Office for the District of Columbia (1999-2003). During his tenure in the Counterterrorism Section of the U.S. Department of Justice (2003-2007), David was the Regional Anti-Terrorism Advisory Council Coordinator for the Western Region, responsible for coordinating counterterrorism investigations and prosecutions for 17 U.S. Attorney’s Offices—a task for which he was awarded the Assistant Attorney General’s Award for Advancing National Security in 2004. David was lead counsel on two of the Department of Justice’s most prominent counterterrorism trials and was the Department’s Domestic Terrorism Coordinator responsible for nationwide coordination of domestic terrorism investigations and prosecutions. David also has significant experience covering complex compliance and investigative matters.

Recent Representative Matters

(DISCLAIMER: THERE ARE A VARIETY OF FACTORS UNIQUE TO EACH CASE, AND THE CASE RESULTS STATED BELOW DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY DAVID DEITCH OR BERENZWEIG LEONARD)

  • The complete dismissal of export control charges brought by the US Attorney’s Office in Washington, DC against a South Korean exporter, including a landmark ruling on the seizure of a laptop at customs;
  • Successful defense of an international consulting firm suspected of violating the Foreign Corrupt Practices Act in connection with a contract in Dubai; the representation concluded with no charges being filed against the consulting firm;
  • Defense of a former employee of the Blackwater consulting firm for alleged export control violations arising out of training provided to foreign soldiers deployed in Iraq; the representation concluded with no charges being filed against the client;
  • Dismissal of civil allegations against a media company sued in federal court in New York for allegedly violating the terms of a note and security agreement; the dismissal included an award of attorneys’ fees for the client;
  • Successful representation of a client indicted in New York state court with enterprise corruption, a class B felony; the case was resolved with a plea to a class B misdemeanor – the lowest level criminal offense in the New York state code;
  • Trial victory over the SEC in the defense of a prominent financial broker in which the jury in federal court in New York found in favor of the client on all fraud charges;
  • Winning a $20 million jury award for the Learning Annex in federal court in New York, and then, after a new trial was awarded on damages, winning a larger verdict of $21.8 million on re-trial against one of New York’s most prominent defense firms; and
  • Prevailed in a sentencing hearing in federal court in Alexandria, Virginia, in which prosecutors sought to prove the client participated in a massive tax conspiracy; the court found there was no such evidence to support the government’s position and sentenced the defendant to probation, describing him as “a treasure.”

Publications

  • “Even Governors Go To Jail,” originally published on Crime in the Suites (Jan. 6, 2015)
  • “Indiana Eyes Sports Betting, With Potentially Significant Implications For Daily Fantasy,” ODF Report (Jan. 9, 2015)
  • “SCOTUS Rules No Felony for Throwing the Little Ones Overboard,” self-published on LinkedIn (Feb. 25, 2015)
  • “Nevada Sports Books Will Be Going For The Gold During The Next Olympics,”
    self-published on LinkedIn (Feb. 27, 2015)
  • “The Federal Wiretap Act and the Law of Unintended Consequences,” originally published on FTC Beat (March 2, 2015)
  • “Change, Online Gaming and the Way Forward for Land-Based Casinos in the
    United States,” (American Gaming Lawyer, Spring 2015)
  • “Potential Auditor Liability in the Wake of Colonial Bancgroup,” Business Law Today (March 13, 2018) (co-authored with Reid Skibell)

Professional Memberships

  • American Bar Association (Criminal Justice Section and Litigation Sections)
  • DC Bar (Criminal Law and Individual Rights Community)
  • Fairfax Bar Association