Andres "Andy" Fernandez is a partner in Holland & Knight's Miami office, co-leader of the firm’s Financial Services Regulatory Team, and leader of the firm's Cuba Action Team. He practices in the area of banking law and financial services, with a focus on licensing, regulatory and compliance matters. With an emphasis on issues pertaining to the Bank Secrecy Act (BSA), anti-money laundering (AML) and Office of Foreign Assets Control (OFAC), including recent sanctions issued under the Magnitsky Act, Mr. Fernandez counsels a broad range of clients such as domestic community banks, foreign banks, broker dealers and money service businesses (including virtual/digital currency). His fluency in Spanish helps clients in the United States as well as Central and South America.
Mr. Fernandez has represented financial institutions in such diverse matters as the establishment of U.S. offices and branches of foreign banks, the de novo formation of financial institutions, the resolution of regulatory enforcement actions against financial institutions, the representation of financial institutions before various regulatory or enforcement agencies as well as the resolution of potential civil and criminal monetary penalties, fines and forfeitures before U.S. regulators (Federal Reserve, OCC, FDIC, FINRA and the SEC), FinCEN, OFAC and the U.S. Department of Justice.
He began his legal career as a public defender in Miami-Dade County, Florida, where he tried numerous jury trials to verdict. With this background, he was able to expand his practice into areas of commercial litigation at a boutique law firm, and then rise as the co-chair of the banking and financial services practice at another Florida-based law firm. Beyond his active legal practice, Mr. Fernandez is an avid public speaker at regional and international banking conferences and training seminars. He also serves as an adjunct professor at the Florida International University College of Law teaching a course on BSA, AML and OFAC.
- General consultation and advice on the BSA, AML, and OFAC laws and regulations
- Assistance in the development of a BSA, AML and OFAC compliance program, including systems, policies and procedures
- Assistance with BSA, AML, and OFAC examinations and responses to regulators
- Representation before various regulatory agencies, such as OFAC and FinCEN
- Supervision and coordination of internal due diligence, including look-back and forensic reviews
- Representation of financial institutions in formal and informal regulatory enforcement actions, such as memorandums of understanding (MOU) as well as cease and desist orders
- Supervision and coordination of third-party service providers and outside consultants in the completion of BSA and AML risk assessments and audits
- General, functional and targeted training to financial institution employees, compliance staff, management and directors
- Advice and counsel to directors and officers regarding their responsibility and liability in BSA, AML and OFAC matters
- Legal opinions on BSA, AML and OFAC issues
- Advice and counsel to financial institutions regarding potential civil money penalties, fines and forfeitures
- Defense of civil and criminal forfeiture actions and money laundering criminal prosecutions before administrative or judicial bodies
- Representation of commercial banks in the development and implementation of policies, procedures and systems to comply with BSA, AML and OFAC laws and regulations
- Representation of commercial banks in connection with compliance of a consent order entered into with the FDIC and the Florida Office of Financial Regulation
- Representation of commercial banks in connection with the response to subpoenas and assistance with internal investigations as they relate to potential violations of law
- Representation of commercial banks with the assessment of risk and preparation of forms and agreements, as they pertain to customers, products and services
- St. Thomas University, J.D.
- Florida State University, B.S.
- U.S. District Court for the Southern District of Florida
- Center for Financial Training, Board of Directors
- Florida International Bankers Association (FIBA), Board of Directors; Vice-Chair of the Executive Committee, 2021-2022
- U.S. Department of the Treasury, Financial Crimes Enforcement Network, Bank Secrecy Act Advisory Group, Member
- South Florida Banking Institute, Board of Directors, President
- Cuban American Bar Association
- The Mike Lowell Foundation, General Counsel
- Latin Builders Association, Honorary Director, 2009-2013
- The Best Lawyers in America guide, Financial Services Regulation Law, 2022
- Power Leaders in Banking and Finance, South Florida Business Journal, 2015, 2016
- Chambers USA – America's Leading Business Lawyers guide, Banking & Finance: Regulatory, 2014-2022
- Florida Legal Elite, Florida Trend magazine, Banking & Finance, 2014
- 40 Under 40, Outstanding Lawyers of Miami-Dade County, 2010
- Rising Star, Florida Super Lawyers magazine, 2009, 2011-2014