Dustin N. Nofziger

Dustin advises financial institutions and FinTechs on regulatory issues, counsels clients undergoing regulatory examinations, conducts internal investigations, and defends clients in government enforcement actions and investigations involving state and federal regulatory agencies. Dustin works with clients supervised and regulated by agencies, including the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC), the National Credit Union Administration (NCUA), the Financial Crimes Enforcement Network (FinCEN), the Bureau of Consumer Financial Protection (CFPB), and the New York State Department of Financial Services (DFS). Dustin also provides strategic regulatory advice to FinTechs, including those in the blockchain space.

Dustin has substantial trial and appellate experience. Immediately after law school, he served as a fellow in the Appellate Division of the Hampden County District Attorney’s Office in Springfield, Massachusetts, where he defended criminal convictions before the Massachusetts Appeals Court. In addition, at his previous firm, he was a member of a team that litigated a six-month trial involving testimony from over 50 witnesses.

Recent work includes his representation of:

• Patriot National Bancorp, Inc. and Patriot Bank, N.A. in an over $50 million private investment in public equity (PIPE) recapitalization.
• A foreign bank branch in an internal investigation in connection with external fraud and related regulatory compliance issues.
• A state-chartered trust company in responding to reports of examination issued by DFS.  
• Several senior executives in connection with an OCC investigation into alleged self-dealing.
• An internet bank in resolving an FDIC investigation into alleged anti-money laundering deficiencies.
• A federal savings association in inquiries to the OCC regarding the powers of federal savings associations in connection with the launch of an innovative new product.
• A credit union in responding to reports of examination issued by the NCUA.  
• A remittance transfer provider in a CFPB investigation concerning compliance with Regulation E.   
• A savings and loan holding company in making an investment in a FinTech.
• The New York League of Independent Bankers (NYLIB) in connection with an amicus brief on the question of whether CAMELS ratings can be appealed to federal court.
• An “open charter” credit union in successfully requesting that the NCUA authorize an emergency merger.

Academic Achievements

Dustin is a 2010 graduate of the New York University School of Law, where he was a McKay Scholar, a Leadership in Law & Business Scholar, and a member of the Competitions Division of the Moot Court Board.

He currently serves as Chair of the Committee on Banking for the New York County Lawyers’ Association.