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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

    • Apr 08, 2021

Benjamin S. Haley

Partner

Johannesburg +27 11 944 6914

English
  • About
  • Representative Matters
  • Credentials
  • About

    Ben Haley leads the firm's White Collar and Anti-Corruption Practice in Africa and is a vice chair of the firm's broader Africa Practice. With deep experience representing clients before regulators in high-profile white collar and disputes matters and a history operating on the ground across the continent, he helps clients assess and mitigate complex legal and compliance risks in Africa and other emerging markets.

    Complementing his investigations and dispute resolution practice, Ben has a broad-based compliance advisory practice, helping clients proactively manage compliance risk in areas including anti-corruption, anti-money laundering, fraud, and data privacy.

    Ben represents corporate and individuals clients in a wide range of investigations and disputes, including:

    • Investigations under the U.S. Foreign Corrupt Practices Act (“FCPA”).
    • Investigations into anti-money laundering, financial crimes, anti-terrorism, and international trade controls issues.
    • Securities fraud and accounting matters.
    • Board investigations and shareholder litigation.
    • Insurance recovery.

    Ben also regularly advises clients on a range of regulatory compliance and corporate governance issues. His compliance advisory practice includes:

    • Performing risk and compliance program assessments.
    • Leading compliance reviews on business partners and assisting companies with third-party risk management processes.
    • Conducting forensic accounting reviews and testing and enhancing financial controls.
    • Advising on market entry, cross-border transactions, and pre-acquisition diligence and post-acquisition integration.
    • Assisting companies in designing, implementing, and maintaining best-in-class compliance programs.

    In recent years, Ben has steered a number of clients to successful resolutions and declinations in complex FCPA and corporate fraud matters with the U.S. Department of Justice and Securities Exchange Commission. In his advisory practice, Ben has served as lead compliance counsel on a number of major M&A transactions. He has developed special expertise assisting clients in leveraging technology in their compliance programs, including assisting one of the world's largest consumer goods companies in the design and implementation of an award-winning compliance data analytics and monitoring system.

    Ben has been described by the Chief Compliance Officer of one of his clients as “[a]n outstanding senior lawyer and advisor,” and “a guiding light for all things compliance advisory in Africa,” whose “advice is crystal clear, covers all angles and is business friendly.”

    Areas of Expertise

  • Practices and Industries
  • Representative Matters

    Government Enforcement and Internal Investigations

    • Counsel to Mobile Telesystems PJSC in resolution of DOJ and SEC FCPA investigation into the company’s former operations in Uzbekistan, including assistance in monitorship.
    • Counsel to Anheuser-Busch InBev in securing a complete declination in 2016 from DOJ and a favorable settlement from the SEC in connection with parallel FCPA investigations of former joint venture in India.
    • Counsel to leading media and education organization in FCPA investigation into activities in North Africa, resulting in declination of prosecution by DOJ.
    • Led representation of Fortune 100 manufacturing company in a 17-month FCPA investigation by the SEC and DOJ that concluded without enforcement action.
    • Representation of a financial services client in an FCPA investigation relating to hiring practices, resulting in declination of prosecution by DOJ.
    • Conducted and reported to SEC on investigations in Nigeria, Uganda, Ghana, China, Argentina, Peru, and Brazil for client under post-resolution reporting obligation, resulting in no enforcement action.

    • Expedited investigation for UK technology company into corruption issues relating to public sector transactions in South Africa.
    • Investigation and remediation advice relating to potential anti-corruption and AML issues arising in an empowerment transaction in South Africa.

    Compliance Advisory Matters

    • Lead compliance counsel in one of the largest M&A transactions in the last decade, acting for a Fortune 200 consumer goods company, including leading pre-acquisition and diligence and post-acquisition integration efforts on the ground in Africa, India, Europe, and Latin America.
    • Post-resolution review of anti-corruption compliance program for U.S. publicly listed company, including two reports to SEC on status of company's compliance program.
    • Lead compliance counsel on joint-venture transaction for consumer goods company in Russia, including expedited post-acquisition compliance review.
    • Lead counsel in accelerated post-acquisition financial controls enhancement project in Nigeria.
    • Assisting company in development of control framework and third-party diligence and oversight processes for construction of major industrial facility in Nigeria.
    • Compliance review and advice to oil exploration and production company on third-party relationships and local content issues in Ghana.

    Disputes

    • Counsel to MTN Group in lawsuit alleging violations of U.S. Anti-Terrorism Act relating to operations in Afghanistan
    • Representation of insurance policyholders on a variety of directors-and-officers and professional liability matters, including shareholder, insolvency, trade secret, and franchise litigation.
    • Represented S&P Global on insurance coverage matters relating to litigation arising out of credit ratings issued in the mid-2000's.
    • Representation of energy company in two successful jury trials over coverage for environmental liabilities.

    Areas of Expertise

  • Credentials
    Education
    • University of Maryland School of Law, J.D., 2005
        • Maryland Law Review, Editor in Chief
        • Order of the Coif
    • Amherst College, B.A., 1999
        • magna cum laude
        • Men's Soccer Team, Captain
    Bar Admissions
    • District of Columbia
    • Maryland
    Judicial Clerkship
    • Hon. Peter J. Messitte, U.S. District Court, District of Maryland, 2005 - 2006
    Pro Bono
    • § 1983 action against Orleans Parish District Attorney and City of New Orleans and members of its police department on behalf of a plaintiff who was wrongfully convicted and sentenced to over 34 years in prison.
    • § 1983 action against the city of Covington, Louisiana and members of its police department on behalf of a plaintiff who was wrongfully convicted and exonerated by DNA evidence; obtained over $2 million in total recovery in settlement of this action and related state court litigation.
    • § 1983 action against police and prosecutors in Washington Parish, Louisiana arising out of wrongful conviction of Brady violations.
    • § 1983 action against police and prosecutors in Jefferson Parish, Louisiana involving allegations of Brady violations.
    • Represented an indigent defendant in Maryland on felony handgun charges. Obtained a favorable plea agreement with no jail time where defendant faced mandatory minimum.
    Accolades
    • Legal Media Group's Expert Guide, White Collar Crime Rising Star (2017)
    • Washington DC Super Lawyers, Criminal Defense: White Collar "Rising Star" (2014-2015)
    • Charles F.C. Ruff Pro Bono Lawyer of the Year (2014)
    • Part of Covington team named Outstanding Volunteer Counsel by Innocence Project, New Orleans for representation of wrongfully convicted clients in Louisiana

    Areas of Expertise

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