Daniel C. Fishbein

律师

Daniel C. Fishbein practices at the intersection of banking and consumer financial services enforcement and white collar defense. He represents both individuals and companies in civil and criminal matters initiated by the US Department of Justice (DOJ), US Attorneys’ Offices, the Office of Comptroller Currency, the Federal Deposit Insurance Corporation (FDIC), the Federal Reserve, the Consumer Financial Protection Bureau (CFPB), the Financial Crimes Enforcement Network, the Federal Trade Commission (FTC), state attorneys general, and state banking departments. Daniel brings his perspective and experience to financial institutions, nonbank lenders, fintech companies, consumer service providers, and their individual executives facing increased scrutiny from federal and state regulators and prosecutors.

Daniel represents clients in a variety of banking, consumer protection, and consumer credit matters involving:

the panoply of state and federal Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) laws and regulations;
the Truth in Lending Act (TILA), Electronic Fund Transfer Act (EFTA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), and the Fair Debt Collection Practices Act (FDCPA);
the Bank Secrecy Act and its Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) requirements and the Report of Foreign Bank and Financial Accounts (FBAR) Act; and
emerging issues relating to banking as a service (BaaS), the CFPB’s Open Banking Rule, and payment systems regulations.

Daniel also represents clients in a range of industries and subjects involving white-collar crime. He has defended clients in matters involving bank fraud, wire fraud, insider trading, residential mortgage-backed securities (RMBS), the Foreign Corrupt Practices Act (FCPA), the Foreign Agents Registration Act (FARA), healthcare fraud, the Food, Drug and Cosmetic Act (FDCA), and the False Claims Act (FCA).

Daniel’s pro bono practice focuses on representing indigent clients as appointed Criminal Justice Act (CJA) counsel, including representations in the US District Courts for the Southern District of New York and the District of Columbia.

Selected company representations:

Obtained a favorable memorandum of understanding ending enforcement action by the FDIC against a regional financial institution in connection with certain fintech BaaS practices and allegations of violations of anti-money laundering regulations
Obtained a favorable consent order ending investigation by the FTC against a market leading vehicle service contract provider in connection with allegations of deceptive marketing and testimonial practices
Obtained closure of investigation by the New Jersey attorney general of a payment solutions provider inquiring into certain BaaS relationships and practices
Obtained closure of investigation by the Florida attorney general of a captive finance arm of a leading automaker in connection with deceptive practices of certain dealers in effectuating consumer lease purchases
Obtained a favorable consent order ending investigation by the CFPB against a nonbank lender in connection with alleged violations of the Military Lending Act and certain deceptive practices involving add-on product fees
A lease-to-own business in an investigation by the New York State attorney general
Obtained favorable settlement defending a leading consumer bank against a TCPA class action
A pharmaceutical company in an investigation by the Securities and Exchange Commission (SEC) for reporting violations
Obtained closure of an investigation of a leading insurance provider in a Financial Industry Regulatory Authority (FINRA) insider trading inquiry

Selected individual representations:

A former editor-in-chief of a national media company in both federal and state criminal proceedings, obtaining dismissal of federal charges and successful resolution of state case
Obtained a sentence of time-served for a foreign national USAID contractor in connection with allegations of conspiracy and wire fraud by the US Attorney’s Office for the District of Columbia
A former CEO of a publicly traded pharmaceutical company as a key witness in an insider trading trial
A hedge fund executive in a criminal investigation by the US Attorney’s Office for the Eastern District of New York and DOJ Fraud Section in connection with allegations of money laundering and violations of FARA
An executive of a multinational shipping company in a sanctions evasion investigation by the US Attorney’s Office for the District of Puerto Rico
Obtained closure of investigation by the US Attorney’s Office for the Southern District of New York of an executive in connection with the sale of unapproved therapeutics under the FDCA
A physician in criminal proceedings in the Southern District of New York involving charges of healthcare and bank fraud

Northwestern University Pritzker School of Law, 2015, J.D., cum laude
University of Maryland, 2011, B.A., Economics; B.A., Government and Politics

District of Columbia
New York
Illinois
US Supreme Court
US Court of Appeals for the Second Circuit
US Court of Appeals for the Seventh Circuit
US District Court for the District of Columbia
US District Court for the Northern District of Illinois
US District Court for the Northern District of Indiana
US District Court for the Southern District of Indiana
US District Court for the Eastern District of New York
US District Court for the Southern District of New York

Clerkship to Judge Dora L. Irizarry of the US District Court for the Eastern District of New York (2018 - 2019)
Clerkship to Judge Theresa L. Springmann of the US District Court for the Northern District of Indiana (2016 - 2017)

Publications

ABA Young Leader Liaison for the Consumer Financial Services Committee

Member, Federal Bar Council

Inn of Court
First Decade Committee

Rising Star, New York Metro, Super Lawyers (2021–2025)