Practice Expertise

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Areas of Practice

  • Insolvency & Financial Law Group
  • Latin America Practice
  • Litigation
  • White Collar & Investigations

Profile

When representing businesses and individuals in complex criminal, civil, and financial litigation, Daniel C. Silva brings the strength of a former federal prosecutor and the insights of an in-house global risk counsel at a financial technology company. Danny advises clients engaged in criminal investigations, regulatory enforcement actions, internal investigations, business partnership disputes, and dealings with receivers, monitors, and whistleblowers. He provides clients with extensive trial, investigation, due diligence, and risk assessment experience.

As the architect and quarterback of hundreds of financial investigations, Danny worked with financial institutions, witnesses, whistleblowers, and in parallel with U.S. and foreign regulators and law enforcement. He offers strategic insights into the prosecutorial and regulatory playbook of leading financial authorities such as the SEC, FinCEN, CFTC, IRS, California Franchise Tax Board, Federal Reserve Board, OCC, FDIC, OFAC, and the Department of Defense.

Most recently, Danny achieved a declination of charges on behalf of an international business at an early stage of a grand jury investigation led by the Department of Justice, with a parallel investigation by OFAC, relating to allegations of international money laundering, wire fraud, organized crime, criminal forfeiture, and narcotics trafficking.

That matter shows Danny’s significant depth in advising companies on anti-money laundering (AML) compliance and related financial regulations. This foundation allows him to guide companies through the intricacies of structuring international transactions to avoid being “de-risked”, and to comply with the Foreign Account Tax Compliance Act (FATCA), FBAR reporting, and OFAC investigations.

Having prosecuted frauds involving cryptocurrency and Ponzi schemes, he offers best-practices counsel to startups, emerging payment and finance systems, virtual currency, and other fintech companies. A former in-house counsel of a fintech company, Danny has evaluated business operations, transactions, and compliance programs from all sides—as a prosecutor, alongside regulators, and inside a global financial institution. He frequently collaborates with clients’ advisors to provide comprehensive, strategic, and powerful defense.

Danny’s rare skill set, backed by extensive trial and appellate experience, makes him an effective, aggressive, and efficient advocate for clients in banking, international financial services, and other money services businesses (MSBs).

Authority on Financial Crimes. During his decade at the U.S. Attorney’s Office, Danny built a financial crimes task force that targeted international money laundering, all kinds of fraud (wire, securities, tax, and bank), AML violations, and asset forfeiture matters.

His success in securing multimillion-dollar penalties and convictions for the world’s most complex financial crimes includes:

  • The subsidiary of an international banking conglomerate, in an industry-shifting guilty plea and multi-hundred-million-dollar forfeiture for the bank’s AML violations and fraudulent conduct, while working alongside the OCC, FinCEN, and whistleblowers.
  • A multibillion-dollar cryptocurrency Ponzi scheme—recognized as the largest ever prosecuted at the time—involving securities, commodities, and MSB violations that secured a significant forfeiture and restitution for victims, in parallel with the SEC.
  • Dozens of MSBs that moved billions of dollars around the world across global networks of agents and digital payment platforms—most prominently throughout Latin America and Asia via casinos and casas de cambio—in parallel with FinCEN, OFAC, Department of Defense, and several gaming regulators.

In addition to a J.D., Danny earned an LL.M. in Taxation and an MBA with a concentration in international business. He followed his tenure at the U.S. Attorney’s Office with an in-house counsel role at the fintech startup Stripe.

Danny identified and mitigated risks when Stripe’s users ran afoul of financial and securities laws, credit and reputational risks, and financial partnership obligations. He has early career experience in private practice representing debtors, creditors, and trustees in bankruptcy proceedings at a national law firm.

Danny is an in-demand speaker and author on international money laundering, including common ways professional “enablers” find themselves targeted by law enforcement. He has been retained as an expert in international financial investigations and frequently publishes articles related to his financial crime expertise. Media regularly seeks his perspective during significant criminal, financial, and litigation events.

Since 2022, Daniel has been a visiting professor at the Escuela Libre de Derecho, CDMX, Mexico, for the Diploma in Financial Crimes and Money Laundering—U.S. criminal, forfeiture, and restitution laws.

When Daniel was with the Department of Justice, he participated in anti-money laundering and anti-corruption workshops in Ethiopia and Kuwait. In addition, the Departments of State, Treasury, and Justice selected him to conduct an AML Assessment of Mozambique, where he traveled to assess the nation’s financial system, financial laws and regulations, and AML compliance. He met with leaders of the largest financial institutions, the Central Bank of Mozambique, law enforcement officials, and international non-governmental agencies to prepare a report for the Departments of State and Treasury, which ultimately led to more funding from the U.S.

Recognition of Impact. Danny earned the highest award in the DOJ’s Criminal Division, and twice received an award from the Director of FinCEN, America’s AML regulator. He obtained TS/SCI clearance while acting as the U.S Attorney’s Office FinCEN Coordinator and, for several years, its Tribal Liaison.

Teaching at law schools in the United States and Mexico, Danny has also trained U.S. and foreign law enforcement and regulators, and his ground-breaking investigations have been recognized by foreign governments.

Recognition and Awards

  • Assistant Attorney General’s Exceptional Service Award, Department of Justice, 2018
  • Director’s Award, FinCEN, 2020 (Significant Fraud Case) and 2015
  • Richard C. Pugh Award for career contributions to international tax law, USD School of Law, 2021

Professional Involvement

  • Federal Bar Association, Member
  • California Lawyers Association, Taxation Section Member
  • Association of Certified Anti-Money Laundering Specialists (“ACAMS”), Board Member—San Diego-Baja California Chapter

Thought Leadership Highlights

  • Interviewed by global media for insights into criminal prosecutions, financial crimes investigations, and impact on cryptocurrency market, including: Financial Times, BBC, New York Times, Washington Post, CNBC, Decrypt, and Law360.
  • Since 2022, Daniel has been a visiting professor at the Escuela Libre de Derecho, CDMX, Mexico, where he leads classes for the Diploma in Financial Crimes and Money Laundering—U.S. criminal, forfeiture, and restitution laws.
  • When Daniel was with the Department of Justice, he participated in AML and anti-corruption workshops in Ethiopia and Kuwait. In addition, the Departments of State, Treasury, and Justice selected him to conduct an AML Assessment of Mozambique, where he traveled to assess the nation’s financial system, financial laws and regulations, and AML compliance. He met with leaders of the largest financial institutions, the Central Bank of Mozambique, law enforcement officials, and international non-governmental agencies to prepare a report for the Departments of State and Treasury, which ultimately led to more funding from the U.S.

Bar Admissions

  • California

Areas of Practice

  • Insolvency & Financial Law Group
  • Latin America Practice
  • Litigation
  • White Collar & Investigations

Professional Career

Significant Accomplishments
<ul><li>A declination of charges on behalf of an international business at an early stage of a grand jury investigation led by the Department of Justice, with a parallel investigation by OFAC, relating to allegations of international money laundering, wire fraud, organized crime, criminal forfeiture, and narcotics trafficking.</li><li>Advised international money services business on its Bank Secrecy Act/Anti-Money Laundering (“BSA/AML”) program, in anticipation of the company expanding its product offerings and geographic operations, and to identify and mitigate associated risks.</li><li>Conducted internal investigation of a financial institution’s operations and BSA/AML program after one of its largest customers filed for bankruptcy amid fraud claims. The quick and thorough review resulted in law enforcement declining to investigate the financial institution, and further resolved potential roadblocks to mergers and acquisitions.</li><li>Represented businesses and individuals under criminal and civil investigation for Payment Protection Program (“PPP”) and Economic Injury Disaster Loans (“EIDL”).</li><li>Advised Latin America-based property developer with restructuring its corporate and banking operations after financial institutions raised concerns that it was too risky and potentially subject to losing its bank accounts, while also assisting property developer partner with new financial institutions.</li><li>Advised multiple cryptocurrency developers and investors with impact of suspected fraud and involvement of global law enforcement.</li></ul>



Articles

  • Bet it all on Blue: How the Betrayal of Los Angeles Dodgers’ Star Shohei Ohtani Impacts both the Sports and Legal Worlds
  • Corporate Transparency Act Found Unconstitutional for Certain Businesses
  • PPP LENDER LIABILITY, ENFORCEMENT, & FINTECH CHALLENGES
  • PPP FRAUD ENFORCEMENT SHOWS NO SIGNS OF SLOWING
  • Fighting FATCA Tax Fraud Through Cross-Agency Enforcement
  • Enforcement Of International Tax Reporting Is Heating Up
  • FBARs, FATCA, and Foreign Nationals: Where are We Headed?
  • The Need for Cross-Agency Enforcement of FATCA Tax Fraud against Foreign Governments

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