Keith Miller

An accomplished and passionate securities enforcement and white-collar criminal defense lawyer, Keith Miller is recognized for his successful advocacy for his clients in a wide variety of federal and state forums across the country, particularly in the areas of securities enforcement, cryptocurrency and securities litigation. A former U.S. Securities and Exchange Commission (SEC) enforcement lawyer, Keith represents clients in high-stakes civil litigation and criminal and regulatory investigation matters, including those involving the SEC, Commodity Futures Trading Commission (CFTC), U.S. Department of Justice (DOJ), Financial Industry Regulatory Authority (FINRA), and state authorities.

Keith is one of the founders of the firm’s Blockchain, Digital Assets & Custody industry group, now known as the firm’s Fintech industry group, which was launched in 2013. He has been instrumental in shaping industry-related legislation, appearing before the SEC, DOJ, and Washington and New York state courts, as well as Canada’s Senate Committee of Banking, Trade, and Commerce, to address laws and regulations surrounding digital assets and blockchain technology. He has represented numerous clients in connection with some of the most significant government investigations and litigations involving cryptocurrency.

Performing independent investigations, Keith has also handled high-profile matters pertaining to anti-money laundering (AML), the Foreign Corrupt Practices Act (FCPA), the Bank Secrecy Act (BSA), insider trading, private and public company disclosures, and Ponzi schemes, just to name a few.  Keith  acts as a trusted advisor and independent outside counsel for one of the largest commercial banks in the world, and is frequently asked to perform internal investigations with respect to allegations of unethical conduct raised by employees.

Keith is the author of the chapter “Regulatory Litigation With the SEC” in the leading treatise Business and Commercial Litigation in Federal Courts (Fifth Edition), which discusses many aspects of litigating a case against the SEC. Given his extensive experience, Keith is often requested to speak at various events and was most recently invited to be a guest lecturer in the Blockchain, Cryptocurrency, and Fintech course at Harvard Law School.

Keith has held several firm leadership positions, including managing partner of the firm’s New York office and chair of the firm’s White Collar & Investigations practice. His clients vary widely from early-stage digital asset and cryptocurrency-related companies and their founders to some of the world’s leading financial institutions, including investment banks, broker-dealers, hedge funds, investment advisers, and commercial banks, as well as Fortune 500 companies.

• New York
• New Jersey
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Second Circuit
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the District of New Jersey

• New England School of Law, J.D., 1990, Editor-in-Chief, New England Journal on Criminal and Civil Confinement
• State University of New York at Albany, M.A., 1987
• State University of New York at Albany, B.A., 1986

Cryptocurrency Investigations & Blockchain Representations

• Represented numerous cryptocurrency companies in connection with investigations by the SEC, DOJ, CFTC and FinCEN related to allegations of unregistered activity.
• Represented numerous individuals in connection with investigations by the SEC and DOJ related to trading in various cryptocurrencies.
• Represented an individual investor in connection with an investment in a publicly traded cryptocurrency mining company.
• Represented companies and individuals in responding to SEC investigative subpoenas relating to cryptocurrencies.
• Represented international and domestic trading platforms in connection with investigations by the SEC related to potential unlicensed and unregistered activity.
• Represented a private fund in connection with an investigation by the SEC related to potential unlicensed and unregistered activity.
• Represented an international trading platform responding to a grand jury subpoena seeking the identity of U.S. customer information.

Investigations and White Collar Representations

• Representing one of the largest commercial banks as independent outside counsel in connection with allegations of ethical misconduct by employees.
• Representing an individual in connection with the receipt of a grand jury subpoena issued by DOJ attorneys working in the KleptoCapture Task Force.
• Representing an individual in connection with an SEC investigation of trading activity in a micro-cap stock.
• Representing an individual in a DOJ and SEC insider trading investigation.
• Represented early-stage venture capital firm in connection with subpoenas received from the SEC involving underlying portfolio companies.
• Represented a foreign public corporation in connection with an SEC investigation regarding the issuance of private placement stock.
• Represented independent directors of a hedge fund in connection with an SEC investigation relating to issues of valuation and cross trading.
• Represented an offshore bank in the FIFA kickback scandal.
• Represented a Fortune 500 company in an internal investigation concerning accounting issues.
• Represented a UK financial institution in connection with the LIBOR rate-rigging investigations.
• Represented a Cayman Island trust company and hedge fund administrator in connection with investigations being conducted by numerous federal agencies and the U.S. Senate Permanent Subcommittee on Investigations.
• Represented an internet company in connection with an investigation by the NJ Attorney General’s Office.
• Represented a corporate executive in an insider trading investigation being conducted by the U.S. Attorney’s Office and SEC.
• Represented an individual in connection with investigations being conducted by the IRS involving offshore disclosure of financial accounts.
• Represented the pension fund administrators of a global manufacturing company in an SEC/CFTC receivership where the distribution of assets was contested. Also acted as group lead counsel for thirteen other entities.

Litigation Representations

• Representing LBRY, Inc. in SEC v. LBRY, Inc, filed in the U.S. District Court for the District of New Hampshire.
• Representing two high-profile NBA sports agents in litigation relating to a contract dispute with a former business partner.
• Representing a broker-dealer involved in proprietary cryptocurrency trading in connection with a dispute among the founders.
• Represented cryptocurrency mining platform in litigation with a vendor.
• Represented a pension fund administrator in ERISA litigation against a pension consultant.
• Represented investors in a CDO as well as the co-issuer in litigation involving a dispute relating to the terms of a CDO bond indenture.
• Represented an executive of a venture capital firm in a dispute with his prior firm.
• Representing an executive of a medical laboratory in a business dispute with his former partners.