Benjamin Klein

Of Counsel
About

Benjamin Klein is a former international prosecutor who represents clients in complex commercial, regulatory and white collar criminal matters, including cryptocurrency and corruption investigations by the US Department of Justice, the US Securities and Exchange Commission, and other enforcement agencies – both foreign and domestic.

Ben's experience includes conducting investigations and counseling clients on matters involving the Foreign Corrupt Practices Act (FCPA), the UK Bribery Act and the False Claims Act. He has performed cross-border investigations, risk assessments and compliance reviews in nearly two dozen countries on practically every continent including Africa, Asia, Europe, the Middle East, and Latin America. Ben also routinely performs anti-corruption compliance due diligence for acquisitions, joint ventures, equity investments, and other transactions.

Ben regularly advises clients in a number of industries—including the energy, life sciences and technology sectors—on the development and improvement of corporate compliance programs and has drafted numerous compliance policies, operating procedures and codes of conduct. He also conducts anti-corruption compliance trainings for his clients, including trainings for officers, directors and corporate executives.

Ben has served as an editor of DLA's Global Anticorruption Newsletter and a commentator on topics ranging from crypto regulation to anticorruption enforcement. His writing has been featured in print and digital publications including Law360, the National Law Journal, the New York Law Journal, the Daily Business Review, Yahoo! Finance, Corporate Counsel, and the Journal for Investment Compliance.

Bar admissionsDistrict of ColumbiaPennsylvania
CourtsUnited States District Court for the District of ColumbiaUnited States District Court for the Eastern District of Virginia

EXPERIENCE

GOVERNMENT EXPERIENCE

INTERNATIONAL CRIMINAL TRIBUNALS

Prior to joining DLA Piper, 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.

US DEPARTMENT OF JUSTICE

Prior to working for the tribunals, Ben interned for the US Department of Justice—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.

SELECT REPRESENTATIONS

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.

CRYPTOCURRENCY, BLOCKCHAIN, AND DIGITAL ASSETS

  • Representing a digital currency issuer in regulatory and enforcement matters
  • Counseling companies planning and launching ICOs on regulatory compliance and enforcement risks

ANTI-CORRUPTION, AML, AND SANCTIONS

  • 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 an Asian technology company in an FCPA investigation of its business practices in Latin America, resulting in a deferred prosecution agreement
  • Represented a Fortune 100 automotive company under investigation by US and foreign regulators for bribery and related misconduct
  • Conducted a comprehensive FCPA/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
  • 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

HEALTHCARE FRAUD AND ABUSE

  • Defended a global pharmaceutical company in various cases filed by state Attorneys General pursuant to state unfair trade practices acts and consumer protection statutes, resulting in favorable settlements
  • Advised on numerous internal investigations and voluntary disclosures of potential healthcare fraud and abuse issues, including False Claims Act and Anti-Kickback Statute matters

GOVERNMENT PROGRAMS AND CONSTRUCTION LITIGATION

  • Represented the management and operating agent of the US 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 DC-based non-profit organization and its Board of Directors in a lawsuit alleging breaches of fiduciary duty and defamation, resulting in a favorable settlement
  • 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. Veolia Transportation Services, Inc. v. Keolis Transit America, Inc., Case No. 24C13000782 (Baltimore Cty. Cir. Ct. 2013)
Languages
  • Spanish
Education
  • J.D., University of Michigan Law School
  • M.Sc., London School of Economics and Political Science
  • B.A., University of Pennsylvania

Awards

  • Super Lawyers – Rising Star (White Collar and Government Investigations) 2016-2020

Publications

Book Chapters (Co-Authored)
Featured Articles (Co-Authored)
Journal Articles and White Papers (Co-Authored)
Other Publications (Co-Authored)

Media Mentions

Clerk Experience

  • Clerked for Judge Leslie E. Kobayashi of the US District Court for the District of Hawaii

Memberships And Affiliations

  • American Bar Association
  • Pennsylvania Bar Association

Connect

Phone

+1 202 799 4114
(Work, Washington, DC)