Practice Expertise

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Areas of Practice

  • Insolvency & Financial Law Group
  • Litigation
  • White Collar & Investigations
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Profile

Daniel Silva is a former prosecutor and in-house global risk counsel at an international financial technology company with extensive trial, investigation, and risk assessment experience. He was the architect and quarterback of hundreds of investigations, many of which involved cooperating witnesses, whistleblowers, and working in parallel with US and foreign regulators and law enforcement, including the SEC, FinCEN, CFTC, IRS, California Franchise Tax Board, Federal Reserve Board, OCC, FDIC, OFAC, and the Department of Defense.

In addition to representing businesses and individuals in complex criminal and civil litigation, Daniel advises clients engaged in regulatory enforcement actions, internal investigations, business partnership disputes, and dealings with receivers, monitors, and whistleblowers. He further counsels startups, emerging payment and finance systems, virtual currency, and other new financial technology (“fintech”) companies.

During his decade at the U.S. Attorney’s Office, Daniel 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. He led hundreds of investigations that consistently resulted in multi-million dollar penalties and convictions for the world’s most complex financial crimes. His most significant prosecutions include:

  • Bitconnect, a multi-billion-dollar cryptocurrency Ponzi scheme—recognized as the largest ever prosecuted at the time—involving securities, commodities, and money services business violations that secured a significant financial recovery for victims, in parallel with the SEC and IRS.
  • Dozens of money services businesses 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.

Daniel has been consistently recognized for his expertise and impact. He earned the highest award in the Department of Justice’s Criminal Division, and twice received an award from the Director of FinCEN, America’s AML regulator. Daniel obtained TS/SCI clearance while acting as the US Attorney’s Office FinCEN Coordinator and, for several years, its Tribal Liaison.

He has taught law school classes in the US and Mexico, while also qualifying as an expert in foreign legal matters. In addition to training US and foreign law enforcement and regulators, Daniel was selected to assess and evaluate AML risks within an African nation. His ground-breaking investigations have been recognized by foreign governments.

After the US Attorney’s Office, Daniel was global risk, payments, and tax product counsel for Stripe, a financial technology startup. Building on his prosecutor’s instincts, he became adept at identifying and mitigating risks from an “in-house” perspective. He leveraged his MBA in international business alongside his legal experience to scrutinize Stripe users for running afoul of financial and securities laws, credit and reputational risks, and financial partnership obligations. Before the US Attorney’s Office, Daniel represented debtors, creditors, and trustees in bankruptcy proceedings at a national law firm.

Daniel has evaluated business operations, transactions, and compliance programs from all sides—as a prosecutor, alongside regulators, and inside a global financial institution. This rare combination, on top of his extensive trial and appellate experience, means he advocates effectively, aggressively, and efficiently for his clients.

Awards and Honors

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

Professional Involvement

  • Federal Bar Association, Member
  • California Lawyers Association, Taxation Section Member

Bar Admissions

  • California

Areas of Practice

  • Insolvency & Financial Law Group
  • Litigation
  • White Collar & Investigations

Professional Career



Articles

  • 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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