Daniel Fridman | White & Case LLP International Law Firm, Global Law Practice
Daniel Fridman
Daniel Fridman

Daniel Fridman

Partner, Miami

“Recognized for his strengths in criminal investigations, including issues concerning accounting fraud. He enjoys a fine reputation for his work on cross-border disputes, particularly those in Latin America.”

Chambers USA 2016

Overview

Dan Fridman is a former US Department of Justice prosecutor who helps multinational companies operating in the US and Latin America investigate and respond to government inquiries and whistle-blower complaints involving allegations of serious fraud, accounting manipulations, kickbacks, bribery of government officials, ethics violations, and conflicts of interest.

With a native proficiency in Spanish, Mr. Fridman conducts internal investigations in Latin America entirely in Spanish or Portuguese, without the need for document translations or interpreters. This ensures that such investigations proceed efficiently and rapidly, with nothing lost in translation. He has recently completed investigations involving Brazil, Mexico, Argentina, Chile, Colombia, Peru, and South Korea. Mr. Fridman also presents anti-corruption compliance training programs focusing on the US Foreign Corrupt Practices Act, in English and in Spanish, to employees, management, and third-party distributors of Fortune 500 companies.

In 2016, Chambers USA recognized Mr. Fridman in its rankings of US lawyers in White Collar Crime and Government Investigations for his work in cross border disputes in Latin America with one client asserting, "I would trust his judgment with my eyes closed." He has also been recognized for his white collar defense work by Latin Lawyer, and in 2013, the Latin Business Chronicle named him one of the top 25 Legal Rising Stars in Latin America, a list that identifies the lawyers who are "quickly making a name for themselves in legal issues concerning Latin America."

In the US, Mr. Fridman has represented clients in criminal and civil enforcement cases involving: financial fraud, accounting fraud, tax fraud, Medicare and Medicaid fraud, commercial bribery, anti-money-laundering compliance, the False Claims Act, and the Foreign Corrupt Practices Act (FCPA). His work spans a broad spectrum of business sectors, but has a particular emphasis on health care, e-commerce, insurance, and banking.

Before joining White & Case, Mr. Fridman served as senior counsel to the Deputy Attorney General of the United States and as special counsel for health care fraud at the US Department of Justice (DOJ) in Washington, DC.  He advised the Attorney General and Deputy Attorney General on national health care fraud enforcement policy, and he testified before Congressional committees on US law enforcement issues.

Mr. Fridman also served as an Assistant US Attorney in the Southern District of Florida, where he prosecuted health care fraud, financial crimes, official corruption, aviation offenses, narcotics offenses, firearms offenses, and violent crimes. After graduating from Harvard Law School, he took on a clerkship for the Honorable Alan S. Gold in the US District Court for the Southern District of Florida.

Mr. Fridman was recently reappointed by Governor of Florida to a second four-year term on the Eleventh Circuit Judicial Nominating Commission, which interviews and recommends candidates to the Governor for appointment as circuit and county court judges. He currently serves as the Commission's chairman.

Bars and Courts

  • Florida State Bar
  • US District Court for the Southern District of Florida
  • US District Court for the Northern District of Florida
  • US Court of Appeals for the Eleventh Circuit

Education

  • JD, Harvard Law School, cum laude
  • BA, Political Science, University of Florida, summa cum laude

Languages

  • English
  • Spanish

Experience

Accounting Fraud Investigation in Brazil

Led a multinational team of lawyers and forensic accountants to conduct an internal investigation of the Brazilian subsidiary of a company that is traded on a US stock exchange. The investigation related to allegations of accounting fraud and misconduct of senior company executives.

Post-Acquisition Investigation of South Korean Pharmaceutical Companies

Conducted an internal investigation, including document review and employee interviews, in Seoul, South Korea, to advise the client on potential criminal exposure in the US arising out of allegations of bribery of hospitals and doctors involving two South Korean pharmaceutical companies.

Internal Investigations in South America for a Global 100 company

Led a team of lawyers in conducting four separate internal investigations in Chile and Argentina. These investigations related to allegations of earnings management, IFRS accounting manipulations, and misconduct by senior executives, and involved the collection and review of millions of Spanish language documents and in-country interviews of dozens of witnesses in Spanish.

Criminal defense of Colombian military contracting company in DOJ bribery investigation.*

Defended the principals of a Colombian company which contracts with the US military to fly Russian helicopters in support of the war in Afghanistan. The DOJ was investigating bribery of US military procurement officers. Mr. Fridman secured immunity deals for the principals and preserved their contractual relationships with the US military.

False Claims Act defense of company originating ExIm Bank loans for South American companies.*

Defended a financial services company which received a Civil Investigative Demand from the Civil Division of the DOJ, which was investigating the defaults of multiple ExIm Bank loans originated for companies in South America. Mr. Fridman led the team which investigated the allegations to respond to the DOJ's demand.

Alleged criminal violations of the Bank Secrecy Act*

Advised a large bank in an investigation by the DOJ for criminal violations of the Bank Secrecy Act, involving the failure to have an adequate anti-money laundering compliance program. The bank settled the case with a deferred prosecution agreement, resulting in one of the lowest bank fines ever imposed by the DOJ for this type of violation.

An individual investigated for criminal tax evasion*

Defended an individual who was investigated for criminal tax evasion by the US attorney's office in the Middle District of Florida. Although the sentencing guidelines called for a term of imprisonment, the District Court granted a request for a downward variance below the sentencing guidelines, so that the individual was placed on probation and avoided any time in prison.

Allegations of violations of the US anti-kickback statute*

Defended the owner of a medical device company in a DOJ False Claims Act investigation, as well as in a parallel criminal investigation involving allegations of violations of the anti-kickback statute through improper payments and inducements to doctors. Although there were allegations of obstruction of justice and destruction of documents against the owner, he was never charged with any crimes.

Federal lawsuit for Fortune 100 company.*

Obtained the extraordinary dismissal with prejudice of the federal lawsuit filed by a former senior executive of a Fortune 100 company. The executive alleged, among other claims, fraud and tortuous interference with contractual relationships arising from a settlement the company entered into with the DOJ.

Florida whistleblower lawsuit*

Successfully defended a large substance abuse treatment facility from a Florida whistleblower lawsuit filed by a former employee, claiming the company was engaging in insurance fraud. After taking the case over from prior counsel, he settled the case for zero dollars.

An Argentine estate dispute*

Served as trial counsel in an estate dispute involving half-siblings from Argentina, which involved the application of Argentine inheritance law. Mr. Fridman immersed himself in the Argentine Codigo Civil (Civil Code) and conducted legal research in Spanish of Argentine case law to discredit the opposing side's Argentine law professor expert witness.

*Matters worked in prior to joining White & Case.

Speaking Engagements

"Update on Anti-Corruption Issues in Latin America", September 26, 2016: Emerging Markets Private Equity Association (EMPEA) Latin America Council Meeting,
New York City

"Cross-border compliance and best practices in Brazil and US – Challenges and recent cases", September 13, 2016: New York University Law School Program on Corporate Compliance and Enforcement, American Chamber of Commerce in Brazil Compliance Trade Mission,
New York City

"Practical Strategies to Conduct an Effective Internal Investigation – How to Ensure Independence and Avoid Conflicting Interests, Perceptions of Interference and Favoritism", May 24, 2016: 6th Brazil Summit on Anti-Corruption, American Conference Institute,
São Paulo, Brazil

"Anti-Bribery, Corruption, and Cross Border Investigations", May 11, 2016: KPMG Global Forensic Conference,
Rio de Janeiro, Brazil

"Pathways to the Bench", February 26, 2016: Dade County Bar Association - 5th Annual Bench & Bar Conference,
Miami, Florida

"Brazil Anti-Corruption and Compliance: What Companies Need to Do Going Forward", February 16, 2016: Brazil-Texas Chamber of Commerce Breakfast Seminar,
Houston, Texas

"NYSE Equity Listing Breakfast Workshop", December 8, 2015: White & Case Breakfast and Workshop,
São Paulo, Brazil

"NYSE Equity Listing Breakfast Workshop", December 9, 2015:
Buenos Aires, Argentina
, (presented in Spanish)

"Fraud, Asset Tracing & Recovery, Arbitrating Fraud Cases: A Fraud Practitioner’s Perspective", October 26-27, 2015: C5 4th Annual Forum,
Miami Beach, Florida

"What Brazil's Ongoing Corruption Investigations Mean for Doing Business in Latin America", September 17, 2015: White & Case Breakfast Roundtable,
Miami, Florida

"What Brazil's Ongoing Corruption Investigations Mean for Doing Business in Latin America", September 16, 2015: White & Case Breakfast Roundtable,
New York, New York

"6th Annual Oil & Gas Conference, FCPA Enforcement: The Long Reach of U.S. Law", May 29, 2015: LatinLawyer,
Rio de Janeiro, Brazil

"Anti-Corruption, How to Create a Home for the Whistle-Blower and Promote a Speak-Up Culture Amid Fears of Professional and 'Social' Retaliation", May 19-20, 2015: 5th Annual Brazil Summit on Anti-Corruption, American Conference Institute,
São Paulo, Brazil

"Anti-Corruption, Lessons Learned: What to do When a Problem is Discovered and How to Conduct an Effective Internal Investigation", March 24-25, 2015: 2nd Annual Mexico Summit, American Conference Institute,
Mexico City, Mexico
, (Presented in Spanish)

"Handling High-Tech Issues in Fraud Cases", October 30–31, 2014: ABA Section of Public Contract Law's Government Contracting in a Tech-Savvy World

"Considerations of Making Voluntary Disclosures to the Government – Whether, When, and How Whistleblower Trends May Change the Decision-Making Process", October 15–16, 2014: ACI's Anti-Corruption Boot Camp

"Unique Aspects of Health Care Mediation", October 14, 2014: ABA Section of Dispute Resolution Mediation Week, Judicial Arbitration and Mediation Services (JAMS),
Miami

"The Foreign Corrupt Practices Act", April 2014: Guest Lecturer, University of Miami Executive MBA for the Americas, (presented in Spanish)

"Challenges of Hospital Physician Arrangements", June 12–14, 2013: 10th Annual Health Care Corporate Compliance Education Retreat

Publications

  • How to Protect Yourself from Identity Theft, Daily Business Review, November 23, 2012

Awards & Recognition

Chambers USA, Ranked Band 3, White-Collar Crime & Government Investigations – Florida, 2016

Commercial Litigation, The Best Lawyers in America, 2015

Criminal Defense, Florida Super Lawyers, 2015

White Collar

Rising Star "40 Under 40", Daily Business Review, 2013

"40 Under 40", South Florida Business Journal, 2013

Latin America's Legal Rising Stars, Latin Business Chronicle, 2013

"40 Under 40" Outstanding Lawyers of Miami-Dade County, Cystic Fibrosis Foundation, 2011

Most Effective Lawyers 2011, Daily Business Review

Finalist in Public Interest

US Department of Justice Award for Special Achievement, 2007