Daniel C. Silva

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 investigations, regulatory enforcement actions, business disputes, and dealings with receivers, monitors, and whistleblowers. He brings 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.

Danny's rare skill set makes him an effective, aggressive, and efficient advocate for clients in banking, international financial services, payment processors, 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), anti-money laundering ("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 regularly speaks and authors articles 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. Media often seek his perspective during significant criminal, financial, and litigation events. He has designed educational courses at the highest level of academia and law enforcement, including: the Escuela Libre de Derecho, CDMX, Mexico, for a Diploma in Financial Crimes and Money Laundering; and with the Department of Justice, in Ethiopia, Mozambique, and Kuwait.

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.

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

Education

University of San Diego School of Law, J.D.
University of San Diego School of Law, LL.M., Taxation
Villanova University, MBA, International Business
Villanova University, B.A., Philosophy

Areas of Practice

Consumer Financial Services and Mortgage Regulatory
Fiduciaries, Receivers & Trustees

Insolvency & Financial Law Group
Latin America Practice

Litigation
Start-Ups & Early Stage Companies

State Attorneys General
White Collar & Investigations

Professional Career

Significant Accomplishments
Client Matter Successes

Negotiated favorable repayment option, rather than criminal charges, for an individual accused of PPP/SBA loan fraud in two states.
Conducted internal investigation for private equity firm under Section 10A of the U.S. Securities Exchange Act, involving multi-million dollar fraud and resulting in no adverse action by auditor or regulators.
Represented founder of digital marketing company in internal investigation in response to allegations of unlawful disclosure of consumer financial information, obtaining a full retraction from the accuser and a finding from company that client engaged in no wrongdoing, with no adverse action by company, regulators, or law enforcement.
Represented multi-billion dollar real estate investor and manager in response to DOJ and FTC investigation focused on anti-money laundering compliance and potential criminal and regulatory exposure, resulting in no charges or regulatory action, and further advised investor with acquisition of assets from FTC-appointed receiver.
Advised multiple international businesses-ranging from social media platforms and cryptocurrency exchangers, to real estate developers-with obtaining bank accounts and partnerships with payment processors.
Represented nine executives and employees in wide-ranging criminal procurement fraud investigation, across interviews with federal law enforcement and grand jury testimony, all of whom were eventually determined to be "witnesses" by prosecutors and not subject to any criminal exposure.
Advised foreign exchange company develop digital app, including all necessary policies and agreements related to privacy, terms of use, and compliance with anti-money laundering obligations.
Advised victim of multi-million dollar fraud related to investments across multiple continents and potential money laundering organization using global gold exchange networks.
Operated as international counsel for business defrauded of multi-million dollar loan, including coordination of litigation in three jurisdictions.
Represented digital dispute resolution company in CFPB regulatory action, resulting in substantially reduced penalty that allowed company to continue operating.
Negotiated favorable resolution for financial institution against payment processor and acquiring bank related to significant card network fines and penalties.
Obtained resolution from California Board of Accountancy after accusations of fraud and unlawful accounting practices, allowing accountant to continue practicing without any interruption to business.
Advised whistleblower in criminal and CFTC investigation of multi-million dollar cryptocurrency fraud.
Represented international digital device manufacturer in dispute with shipping company related to organized theft of goods, resulting in recovery of nearly all losses.
Represented individual investigated by federal law enforcement for criminal wire, bank, health, and tax fraud, and related various civil litigation.
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.
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.
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.
Represented businesses and individuals under criminal and civil investigation for Payment Protection Program ("PPP") and Economic Injury Disaster Loans ("EIDL").
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.
Advised multiple cryptocurrency developers and investors with impact of suspected fraud and involvement of global law enforcement.

Professional Activities and Experience

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

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