Overview
Nick Silverman represents clients navigating all stages of criminal investigations and enforcement. He has substantial trial experience including second-chairing a high-profile fraud trial in the Central District of California that involved a post-trial Kastigar hearing into prosecutorial use of tainted evidence. Nick’s experience also includes third-chairing a federal criminal trial in the Southern District of New York that resulted in a landmark post-trial dismissal.
In addition to representing clients at trial, Nick has advocated to US Attorney's Offices and administrative agencies, helping several executive-level clients avoid indictment or administrative enforcement actions related to alleged export control violations, false claims, false statements, public corruption, health care fraud, and wire fraud. In recent years, Nick has represented multiple clients in dealing with inquiries under the Foreign Agents Registration Act, including winning a landmark dismissal of a civil injunctive suit in 2022.
Nick is actively involved in Steptoe's pro bono program. His pro bono work has focused on family law, and he spent six months as Steptoe's attorney member of the Legal Aid Society of DC litigating domestic violence and custody cases.
- District of Columbia
- US District Court, District of Columbia
- US Court of Appeals, District of Columbia
- J.D., Georgetown University Law Center, 2014, cum laude; Editor-in-Chief, Annual Survey of White-Collar Crime
- B.A., Reed College, 2009
Representative Matters
- Successfully secured a complete defense acquittal for former Autonomy CEO Dr. Mike Lynch in a 13-year US federal criminal securities and accounting fraud case. The case relates to HP's $11-billion acquisition of Autonomy in 2011.
- Successfully represented health care provider in resolving two novel qui tam actions simultaneously pursued by multiple insurance companies under the California Insurance Frauds Prevention Act.
- Obtained a rare post-trial dismissal with prejudice for businessman Ali Sadr, in a criminal Iran sanctions case tried in the Southern District of New York, after uncovering evidence that prosecutors withheld exculpatory evidence and made misrepresentations to the Court.
- Second-chaired federal loan fraud and money laundering trial in Central District of California involving a two-day Kastigar hearing into prosecutorial use of tainted evidence. Litigated Fourth and Fifth Amendment issues related to unconstitutional electronic device searches, denial of counsel, and compelled statements.
- Worked as a member of the Steptoe team that secured dismissal or acquittal of both counts for David Rainey, the highest ranking BP executive charged in connection with the Deepwater Horizon oil spill in the high-profile case United States v. Rainey (E.D. La. 2015).
- Worked as a member of the Steptoe team that earned dismissal or acquittal of all 18 felony counts against Bill Facteau, the former CEO of a medical device company in United States v. Facteau (D. Mass. 2016).
- Successfully briefed an array issues related to calculation of offense level under the US Sentencing Guidelines.
- Worked as a member of the Steptoe team that secured a favorable non-prosecution agreement for White Rock Distilleries and all employees in connection with bribery allegations.
- Worked as a member of the team that successfully presented to HHS-OIG regarding the agency’s intent to exclude an individual.
- Represented several witnesses in DOJ interviews and preparation sessions related to a criminal antitrust prosecution.
Speaking Engagements
- Panelist, "Sanctions, Liability and Managing Risk," Dublin International Disputes Week webinar, June 16, 2022.
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Panelist, Recent Developments in Brady, Federal Defenders of New York, Oct. 26, 2020.
News & Publications
Publications
The Legal and Compliance Implications of the Supreme Court's Snyder Decision
The Anti-Corruption Report
September 13, 2024
By: Brigida Benitez, Iris E. Bennett, Patrick F. Linehan, Lucinda A. Low, Nicholas P. Silverman
Media Mentions
June 2024
Publications
Defense Practice Pointers In Venezuela Bribe Case Dismissal
Law360
August 28, 2023
By: Iris E. Bennett, Patrick F. Linehan, Nicholas P. Silverman, Troy Shephard
Client Alerts
Fifth Circuit's Ruling in United States v. Rafoi
February 15, 2023
By: Iris E. Bennett, Patrick F. Linehan, Lucinda A. Low, Drew C. Harris, Meredith Lewis, Nicholas P. Silverman
Press Releases
Steptoe Announces Partner and Counsel Promotions for January 1, 2023
December 13, 2022
Publications
DOJ Interview With Trump Attorney Spotlights Privilege Exception
Law360
October 13, 2022
Client Alerts
Hoskins II: Second Circuit Further Muddies Co-Conspirator/Agent Liability under FCPA
August 19, 2022
By: Iris E. Bennett, Patrick F. Linehan, Lucinda A. Low, Nicholas P. Silverman, Drew C. Harris
Publications
The Trouble with Gov't Interview Notes in Criminal Defense
Law360
August 17, 2022
By: Brian M. Heberlig, Bruce C. Bishop, Nicholas P. Silverman