FacultyFaculty/Author Profile
Daniel W. Levy

Daniel W. Levy

McKool Smith

New York, NY, USA


Daniel W. Levy is a principal in McKool Smith’s New York office. He represents clients in white collar defense matters, including regulatory investigations and enforcement proceedings involving both federal and state authorities. Dan also represents  plaintiffs and defendants in complex civil litigation, including cross-border disputes. Prior to joining the firm, he served as an Assistant United States Attorney in the Southern District of New York for more than a decade. At the time of his departure, Dan was Senior Trial Counsel.

Dan has conducted more than a dozen jury trials and argued more than sixteen appeals before the United States Court of Appeals for the Second Circuit, including several cases of first impression.

As a prosecutor, Dan led numerous government investigations, often ones with an international component, and served as counsel in prosecutions of a broad array of fraud offenses, including securities fraud, bank fraud, accounting fraud, money laundering, theft of trade secrets, tax fraud, identity theft, Foreign Corrupt Practices Act violations, and various computer crimes. He was named “Prosecutor of the Year” by the Federal Law Enforcement Foundation in 2011 and 2013.

Since joining McKool Smith, Dan has handled a number of significant cross-border investigations and prosecutions involving individuals and corporate entities. He has also led internal investigations concerning criminal antitrust, accounting fraud, FCPA, and tax matters. Dan frequently advises clients, including financial institutions, on corporate governance and regulatory compliance issues. In 2015, he was appointed as a monitor of an international bank, which involved conducting a global analysis of the bank’s compliance function following an enforcement action by the New York State Department of Financial Services.

Prior to beginning his government service in 2002, Dan worked as an associate at a large New York firm where he focused on securities litigation, white collar criminal defense, Securities and Exchange Commission enforcement proceedings, and intellectual property disputes. He also served as a law clerk to the Honorable Stephen M. Orlofsky, United States District Judge, in Camden, New Jersey. From 1992 to 1993, he was a Fulbright Scholar in Quito, Ecuador, where he conducted anthropology research.

Dan is a frequent lecturer on money laundering, bank fraud, tax fraud, anti- corruption, and international criminal enforcement, among other topics. He is a Spanish speaker.

Representative Matters

  • DFS Monitorship: Dan was appointed monitor of an international financial institution as a result of an enforcement action by the New York State Department of Financial Services. During the 18-month monitorship, Dan led the McKool Smith team, assisted by forensic consultants, in conducting a historical review of the bank’s conduct in four separate countries and a global review of the bank’s compliance function.
  • Money Laundering and Compliance: Representation of employees of multiple private banks in connection with various U.S. Department of Justice investigations of allegations of international bribery, official corruption, and money laundering. Representation of hedge fund in connection with compliance efforts and suspicious activity reporting. 
  • FCPA: Conducted internal FCPA investigation for luxury goods manufacturer. Dan also regularly advises non-U.S. entities on compliance efforts associated with official corruption and bribery.
  • Sanctions: Representation of employees of international bank in connection with U.S. Department of Justice investigation of violations of U.S.-Iran trade sanctions. 
  • Antitrust: Representation of multiple subjects of bid-rigging investigation conducted by Antitrust Division of the U.S. Department of Justice.
  • Securities: Representation of subject of U.S. Department of Justice investigation of sales practices of bond desk of financial institution. 
  • Cross-Border Tax Evasion and Money Laundering: Representation of several Swiss banks that participated in the Department of Justice’s Swiss Bank Program. Dan also represents subjects and targets of Tax Division investigations of cross- border tax evasion and money laundering as well as matters arising out of Department of Justice’s anti-kleptocracy initiative.
  • Identity Theft: Representation of software provider in connection with Department of Justice investigation of identity theft prevention efforts. 
  • Art-Related Matters: Dan frequently advises on civil and criminal art-related matters, including efforts to recover lost or stolen artworks.
  • Cross-Border Discovery: Dan has successfully obtained and resisted discovery in aid of foreign litigation under 28 U.S.C. § 1782.
  • Pharmaceutical Industry: Representation of subjects of U.S. Department of Justice investigation of cross-border sales of misbranded pharmaceuticals.
  • Cross-Border Civil Litigation: Representation of inventor in licensing dispute over entertainment-related technology.  

Government Service

During his government service, Dan investigated and prosecuted an extraordinarily broad range of criminal conduct. The following are representative matters handled by Dan as a prosecutor:

  • Trade Secret Theft: Co-lead counsel at theft of trade secret trial of Samarth Agrawal, employee of investment bank convicted for theft of code for high-frequency trading business. 
  • Cross-Border Tax Matters: Co-lead counsel in first-ever indictment of Swiss bank Wegelin & Co. for assisting U.S. taxpayers in evading taxes. Obtained forfeiture of funds in U.S.-based correspondent bank account. Also co-lead counsel in series of related investigations and prosecutions of Swiss banks, bankers, lawyers, and financial advisors who facilitated tax evasion by U.S. taxpayers and of U.S. taxpayers who evaded taxes. Defendants included Beda Singenberger, Edgar Paltzer, Josef Beck, and others.
  • Art Forgery: Co-lead counsel in investigation and prosecution of art dealer Glafira Rosales for sale of more than $30 million of fake works of art sold by art gallery Knoedler & Co. that purported to be by renowned artists, such as Jackson Pollock, Willem de Kooning, and Mark Rothko. Defendant was charged with wire fraud, money laundering, and tax fraud.
  • Check Fraud and Money Laundering: Co-lead counsel in prosecution of Marion Jones for making false statements in connection with bank fraud and performance enhancing drugs investigations. Prosecution of Olympic athletes Steven Riddick and Tim Montgomery and others arising out of $7 million bank fraud scheme.
  • Bank Fraud: Prosecution of prominent political fundraiser Hassan Nemazee for $290 million bank fraud as a result of pledge of non-existent collateral. Successfully obtained a significant amount of forfeited assets.
  • Criminal Destruction and Fabrication of Evidence: Prosecution of artist Shepard Fairey for spoliation and fabrication of evidence during civil litigation arising out of iconic Obama Hope image.
  • Environmental Crime Restitution: Obtained the largest known restitution award in a Lacey Act prosecution arising out of overharvesting of South African rock lobster that caused significant environmental damage by Arnold Maurice Bengis and others. 
  • Prosecutions of Investment Advisors: Lead counsel in prosecutions of investment advisors for alleged thefts from clients.
  • Credit Manipulation: Prosecution of Edwin Jacquet and others for large-scale fraud on credit reporting agencies and financial institutions arising out of scheme to manipulate thousands of consumer credit reports. 
  • Identity Theft/Tax Fraud: Spearheaded efforts by Department of Justice to prosecute large-scale identity theft and tax fraud causing billions of dollars of loss to the U.S. Treasury.

Dan is also an experienced appellate advocate. He has handled numerous criminal appeals, including several cases of first impression in the Second Circuit. Among the appeals he has briefed and argued are:

  • United States v. Agrawal, 726 F.3d 235 (2d Cir. 2013): Holding that trade secret statute permitted prosecution of theft of software of high-frequency trading code. Opinion limited scope of another Second Circuit decision regarding high-frequency trading code, United States v. Aleynikov.  
  • United States v. Colasuonno, 697 F.3d 164 (2d Cir. 2012): Holding that automatic stay in bankruptcy does not preclude District Court from conducting violation of probation hearing that arises out of defendant’s failure to pay restitution. Case of first impression that arose out of accounting fraud prosecution of principals of Westchester check-cashing operation.
  • United States v. Shyne, 617 F.3d 103 (2d Cir. 2010): Holding that obligation of Government to provide witness statements did not extend to co-conspirators whose statements are admitted under as co-conspirator hearsay. Case of first impression that arose out of check fraud and money laundering scheme.  
  • United States v. Magassouba, 619 F.3d 202 (2d Cir. 2010): Established standard for venue in prosecution for aggravated identity theft. Case of first impression that arose out of identity theft and bank fraud scheme.
  • United States v. Carlo, 507 F.3d 799 (2d Cir. 2007): Established parameters for prosecution of mail/wire fraud under “right to control” theory. Appeal arose out of trial of defendant who defrauded developers via false statements about credit enhancement for real estate projects.

Events & Speaking Engagements

  • Speaker; “Trade Secret Protection as a Means of Protecting Innovation;” Managing IP US Patent Forum; Washington, DC
  • Panelist; “Offshore: Where in the World is Enforcement Now?”; ABA’s 32nd Annual National Institute on Criminal Tax Fraud; Las Vegas, NV
  • Speaker; Fall 2015 Meeting; Institute for Fraud Prevention; New York, NY
  • Speaker; “Examining Recent Enforcement Actions for Critical Lessons Applicable to Your Institution," 14th Annual ACAMS AML & Financial Crime Conference; Las Vegas, NV
  • Speaker; Bahamas Financial Services Board’s International Business & Finance Summit; Grand Bahama
  • Speaker; Society of Trust and Estate Practitioners (STEP) Miami Summit; Miami, FL
  • Speaker; “Trends in International Criminal Investigations,” 8th Annual Fraud and Forensic Accounting Education Conference at the Hyatt Regency; Savannah, GA
  • Speaker; "The Long Arm of the U.S. – Investigative Techniques, Criminal Investigations and Dispositions, and Collection Measures," International Tax Enforcement Conference; Washington, D.C.
  • Panelist; Association of Certified Financial Crime Specialists' International Financial Crime Conference and Exhibition; New York, NY
  • Speaker; Financial Intelligence & Information Sharing Working Group; Washington, D.C.
  • Speaker; "Perjury Trials: U.S. v. Clemens, U.S. v. Bonds, and U.S. v. Jones," The Practising Law Institute's From the Trenches: High Profile Trials 2013 Seminar; New York, NY
  • Panelist; 30th Annual National Institute on Criminal Tax Fraud and the Third Annual National Institute on Tax Controversy; American Bar Association; Las Vegas, NV

Education

J.D., Stanford Law School, 1996.

B.A., magna cum laude, Political Science, Williams College, 1992.

Court Admissions

The U.S. District Court for the Southern District of New York

The U.S. District Court for the District of New Jersey

The U.S. Court of Appeals for the Second and Third Circuits

Bar Associations

The Association of the Bar of the City of New York

Daniel W. Levy is associated with the following items:
Web Segment  Web Segment Crossing the Line: Civil and Criminal Tax Fraud - Nuts and Bolts of Tax Penalties 2017: A Primer on the Standards, Procedures and Defenses Relating to Civil and Criminal Tax Penalties, Monday, May 01, 2017
MP3 Audio  MP3 Audio Crossing the Line: Civil and Criminal Tax Fraud - Crossing the Line: Civil and Criminal Tax Fraud, Monday, May 01, 2017
MP4 - Mobile Video Seg  MP4 - Mobile Video Seg Crossing the Line: Civil and Criminal Tax Fraud - Crossing the Line: Civil and Criminal Tax Fraud, Monday, May 01, 2017
On-Demand Web Programs  On-Demand Web Programs Nuts and Bolts of Tax Penalties 2017: A Primer on the Standards, Procedures and Defenses Relating to Civil and Criminal Tax Penalties, Wednesday, May 03, 2017, New York, NY
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