select representations

FCPA and Anti-Corruption

• Represented multiple Fortune 500 pharmaceutical companies in parallel DOJ/SEC cross-border investigations, including Asia, Latin America and the Middle East, resulting in no action against the clients;
• Represented a European pharmaceutical executive in connection with a joint FCPA investigation by the DOJ and SEC, resulting in no action against the client;
• Represented a Fortune 100 automotive company under investigation by U.S. and foreign regulators for bribery and related misconduct, resulting in no action against the client;
• Represented an Asian technology company in an FCPA investigation of its business practices in Latin America, resulting in a deferred prosecution agreement;
• Conducted a comprehensive FCPA/UK Bribery Act (UKBA) investigation for a multinational chemical company with operations throughout Asia, including Mainland China;
• Developed and performed a proactive review of customs brokers, freight forwarders and transportation logistics companies for a Fortune 100 oil/gas company;
• Developed and performed a proactive global compliance review of anti-corruption, AML and sanctions controls for a Fortune 100 energy company;
• Performed a proactive global compliance review of anti-corruption, anti-kickback and related controls for a Fortune 100 pharmaceutical company;
• Performed a proactive FCPA compliance review of a multinational food, snack and beverage conglomerate's Eastern European operations;
• Performed post-acquisition due diligence and related investigations for a Fortune 100 life sciences company with operations throughout Central and South America;
• Advised a European transportation/logistics company on FCPA/UKBA risk exposure;
• Conducted pre- and post-acquisition due diligence for multinational Fortune 500 companies in the biotech, energy, medical device, pharmaceutical, technology and telecommunications industries; and
• Provided counseling and training to officers, directors and employees of public and private companies regarding the development, implementation, evaluation and auditing of anti-corruption compliance programs.

False Claims, Fraud and Abuse

• Represented a cybersecurity consulting company in a False Claims Act investigation brought by the DOJ Fraud Section, resulting in no action against the client;
• Defended a global pharmaceutical company in various cases filed by state Attorneys General involving state unfair trade practices acts and consumer protection statutes, resulting in favorable settlements; and
• Advised multinational pharmaceutical companies on healthcare fraud and abuse matters, including False Claims Act and Anti-Kickback Statute risks.

Cryptocurrency, Blockchain and Digital Assets

• Represented a digital currency issuer in an SEC investigation as well as other regulatory and enforcement matters; and
• Counseled digital asset companies on the regulatory compliance and enforcement risks of initial coin offerings (ICOs).

Human Rights

• Successfully represented plaintiff Farhan Mohamoud Tani Warfaa in a civil torture case brought against a former high-ranking Somali military commander, securing a unanimous jury verdict and a $500,000 award for the client; and
• Successfully obtained asylum grants for multiple clients, including a female Afghani judge and her family.

Government Programs and Construction Litigation

• Represented the management and operating agent of the U.S. Department of Energy/National Nuclear Security Agency in complex, multiparty contract disputes before the Civilian Board of Contract Appeals.

Other

• Represented a pipeline inspection company in a criminal investigation related to improper inspections, securing a declination of criminal charges;
• Represented a Washington-based nonprofit organization and its board in a lawsuit alleging breaches of fiduciary duty and defamation, resulting in a favorable settlement; and
• Represented a multinational transportation services company in an action involving breach of noncompetition and non-solicitation agreement protecting trade secret and confidential information, obtaining a preliminary injunction and consent order.

GOVERNMENT EXPERIENCE

International Criminal Tribunals

Prior to joining Paul, Weiss, Ben worked at two United Nations criminal tribunals: the Special Court for Sierra Leone (Sierra Leone Tribunal) and the Extraordinary Chambers in the Courts of Cambodia (Khmer Rouge Tribunal). During his tenure at the Sierra Leone Tribunal, he second-chaired the witness-tampering prosecution of Prince Taylor (Independent Counsel v. Taylor) and helped with all stages of the Eric Senessie prosecution (Independent Counsel v. Senessie). At the Khmer Rouge Tribunal, Ben assisted the Office of the International Co-Prosecutor with the war crimes and crimes against humanity cases, including the prosecution of Kaing Guek Eav.

U.S. Department of Justice

Prior to working for the tribunals, Ben interned for the DOJ, first in the Criminal Division's Human Rights and Special Prosecutions Section (formerly the Domestic Security Section) and then in the Office of the Solicitor General.

PUBLICATIONS

Ben has served as an author and editor of anti-corruption compliance publications as well as a commentator on topics ranging from crypto regulation to FCPA enforcement. His writing has been featured in numerous print and digital publications, including Law360, the National Law Journal, the New York Law Journal, the Daily Business Review, Yahoo! Finance, The Corporate Counsel and the Journal of Investment Compliance.