Daniel represents individual and corporate clients facing white-collar criminal prosecution in both state and federal court, as well as regulatory investigations pursued by the United States Department of Justice, Securities & Exchange Commission, Internal Revenue Service, Environmental Protection Agency, Commodity Futures Trading Commission, North Carolina Attorney General's Office, and other enforcement bodies. Formerly a New York public defender, he has experience defending clients against claims of political corruption, securities fraud, real estate fraud, accounting fraud, healthcare fraud, embezzlement, money laundering, criminal tax evasion, and other forms of financial mismanagement.

Representative matters include:

  • A prominent political figure charged with alleged bribery, conspiracy, and false statements, resulting in the dismissal of the bribery, conspiracy, and two false statement counts and a probationary sentence for the remaining count, which was terminated early by a presidential pardon.
  • A senior bank executive in DOJ, SEC, and CFTC investigations into accounting fraud based on alleged mismarking of illiquid positions. No charges were brought.
  • A senior bank executive in DOJ, SEC, and state attorneys general investigations into alleged fraud in the sale of residential mortgage-backed securities. No charges were brought.
  • A health care professional in a DOJ investigation concerning alleged kickbacks paid for unnecessary drug testing. No charges were brought.
  • A high net worth individual in a DOJ investigation into real estate fraud. No charges were brought.
  • A senior hedge fund executive in an SEC investigation into mismanagement and accounting fraud. No charges were brought.
  • A publicly traded specialty finance corporation in a DOJ investigation into alleged violations of stranger-originated life insurance restrictions, resulting in a non-prosecution agreement.
  • A public company board member and audit committee chairman in civil suits alleging accounting fraud, resulting in dismissal of all claims and entry into a non-prosecution agreement.
  • A government contractor accused of conspiracy to commit fraud. Achieved sentence for client of less than half of the low end of the applicable guidelines range.
  • A senior executive of a health care management practice in a DOJ Medicaid fraud investigation. Negotiated a resolution avoiding exposure to charges carrying significant mandatory minimum and achieved a sentence for client six months below the guidelines range and less than half the range initially calculated by probation.
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Daniel helps businesses and public institutions conduct internal investigations to assess the risks of, and respond to, concerns raised by federal regulators, internal whistleblowers, and public company shareholders. He has experience investigating alleged securities violations, accounting fraud, money laundering claims, Foreign Corrupt Practices Act violations, corporate governance issues, trade secret misappropriation claims, and claims of environmental violations (including Clean Air Act and Clean Water Act violations), among other matters.

Representative matters include:

  • On behalf of a public company board of directors, investigated alleged insider dealing arising from share repurchases executed with an activist shareholder, resulting in dismissal of all related lawsuits.
  • On behalf of a public company, investigated alleged attorney misconduct during intellectual property litigation, resulting in settlement of all related lawsuits.
  • On behalf of an accounting firm, investigated alleged fabrication of foreign accounting files, resulting in a favorable resolution with local regulators.
  • On behalf of a national sales and marketing company, investigated alleged theft of trade secrets in connection with a business dispute. The dispute was resolved with no claims filed.
  • On behalf of a global agricultural company, investigated alleged money laundering and export/import violations by a customer, resulting in no adverse action against the agricultural company.
  • On behalf of privately held towing company, investigated alleged unfair and deceptive practices in towing, resulting in no adverse action against the towing company.
  • On behalf of a private equity firm, investigated alleged employment discrimination at target company, resulting in successful negotiation of purchase agreement.
  • On behalf of a financial institution, investigated alleged illegal gambling by key employee, resulting in resignation of the employee.
  • On behalf of an accounting firm, investigated alleged accounting fraud, resulting in no charges filed.
  • On behalf of a governmental body, investigated alleged improprieties in contract procurement, resulting in successful resolution of the matter.
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An attorney with years of experience practicing in Manhattan, Daniel helps companies of all sizes address their most complex legal issues, including matters regarding real estate, contracts, mergers and acquisitions, unfair and deceptive trade practices claims, False Claims Act violations, business torts, securities, and hemp and cannabis law.

Representative matters include:

  • Defended foreign bank executives in litigation asserting RICO conspiracy, securities fraud, and state tort claims arising out of alleged participation in Bernard Madoff’s Ponzi scheme, resulting in dismissal of all claims.
  • Defended private equity fund in litigation alleging deceptive business practices arising from the purported corporate practice of dentistry, resulting in dismissal of all claims.
  • Represented casino and entertainment company in fraudulent conveyance litigation arising out of a multi-billion dollar bankruptcy, resulting in negotiated consensual restructuring and release of all claims.
  • Represented drug manufacturer seeking to enforce purchase agreement for transfer of rights to a drug, resulting in substantial payment of amounts owed.
  • Represented travel brokerage firm seeking to enforce consulting contract, resulting in substantial payment of amounts owed and dismissal of all asserted counterclaims.
  • Defended aerospace company in connection with antitrust, wrongful prosecution, and business tort claims, resulting in settlement of five related lawsuits alleging billions of dollars in damages.
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In addition to his white collar criminal defense practice, Daniel has long represented clients accused of all manner of state and federal crimes, first as a public defender in New York and now as a member of the Criminal Justice Act panel for the United States District Court for the Middle District of North Carolina. He represents clients accused of gun possession, drug trafficking, RICO gang conspiracy, larceny, embezzlement, and more.

Representative matters include:

  • Representation on appeal from gun possession charges, resulting in successful petition for writ of certiorari to the United States Supreme Court, vacatur of conviction, and dismissal of all charges.
  • Representation in post-conviction habeas petition challenging lack of accommodations provided to deaf individual, resulting in the Second Circuit Court of Appeals overturning a conviction for murder and ordering retrial or dismissal.
  • Representation of primary target in drug conspiracy, resulting in favorable plea to specified term under Federal Rule of Criminal Procedure 11(c)(1)(C).
  • Representation of individual charged in sprawling RICO gang conspiracy, resulting in favorable sentence following plea.
  • Trial to verdict of larceny and unauthorized use of a vehicle charges, resulting in acquittal.
  • Trial to verdict of case alleging prostitution, resulting in acquittal.
  • Trial to verdict of case alleging assault, resulting in reversal of conviction on appeal.
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Appointed to the Criminal Justice Act Panel for the United States District Court for the Middle District of North Carolina (2020-present)

Selected for 2018 North Carolina Pro Bono Honor Society

Selected for 2017 North Carolina Bar Association Leadership Academy

Efforts on the Signal International litigation recognized by American Lawyer as the Global Pro Bono Dispute of the Year (2015)

Author, "North Carolina Business Court Ruling Could Impact the Ability of Businesses to Assert Attorney-Client Privilege Over Communications During Internal Investigations," Dec. 10, 2020

Co-author (with Tanisha Palvia), "Top Officials at Massachusetts Veterans' Home Face Significant Prison Time Based on COVID-19 Outbreak that Occurred on their Watch," Sept. 30, 2020

Author, "COVID-19 Criminal Justice Update (April 1, 2020)," North Carolina Bar Association Blog, April 1, 2020

Author, "More Judicial Updates on COVID-19," North Carolina Bar Association Blog, March 19, 2020

Author, "Judicial Updates on COVID-19," North Carolina Bar Association Blog, March 13, 2020

Co-presenter, "Avoiding Ethical Pitfalls While Investigating a Corporate Crisis," Association of Corporate Counsel CLE, Greensboro, NC, October 2018

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Recognitions

Brooks Pierce attorneys Daniel Adams, Kearns Davis and Shepard O’Connell have been honored by the...(read more)

Recent Publications & Media