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Ben Haley is an experienced white collar defense practitioner who assists corporations and individuals in complex government enforcement matters and internal investigations.
Mr. Haley has particular expertise with anti-corruption and FCPA matters, where he has guided a number of clients to successful resolutions of SEC and DOJ investigations.
Complementing his investigations practice, Mr. Haley regularly advises clients on a range of anti-corruption compliance issues, including by conducting risk and program assessments, providing advice in connection with proposed transactions, and assisting companies in building and strengthening their anti-corruption compliance programs and controls.
Mr. Haley has extensive experience in FCPA investigations across a range of industries, including automotive and agricultural equipment manufacturing, customs and logistics, consumer products, financial services, information technology, media, gaming, and oil and gas. In these investigations, he has developed deep expertise with complex forensic accounting, internal controls, and transactional issues.
Mr. Haley has deep experience on the ground in Africa conducting investigations and risk assessments, including in Nigeria, Tanzania, Uganda, and South Africa.
He also routinely manages complex E-discovery projects, including large-scale cross-border data collection and review, and he has expertise in leveraging technology-assisted review/predictive coding in internal and government investigations.
Mr. Haley also has expertise representing special litigation committees and demand evaluation committees in connection with shareholder derivative litigation, including negotiating and crafting settlements and corporate governance enhancements.
In addition to his investigations practice, Mr. Haley represents policyholders on D&O and professional liability matters. He has assisted policyholders across a range of industries in obtaining coverage in connection with securities, derivative, insolvency, trade secret, and franchise litigation.
Anti-Corruption/FCPA
- 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.
- Led representation of a Fortune 100 manufacturing company in a 17-month FCPA investigation by the SEC that concluded without enforcement action.
- Successfully resolved a long-running DOJ/SEC investigation involving alleged FCPA violations in Eastern Europe and Latin America by a leading global technology company.
- Representation of a financial services client in an FCPA investigation relating to hiring practices.
- Representation of an executive of an automotive manufacturer in a DOJ/SEC investigation into alleged FCPA violations in Eastern Europe.
- Internal investigation for a manufacturing company relating to imports in Latin America, and related global risk assessment.
- Lead compliance counsel on major transaction for one the world’s largest fast-moving consumer goods companies, including overseeing large scale compliance data analytics project.
Board Committee Investigations
- Counsel to the Special Litigation Committee of the Board of Directors of Hewlett-Packard Company in shareholder derivative litigation relating to the Board’s response in 2005 and 2006 to leaks of confidential company information.
- Counsel to the Special Litigation Committee of the Board of Directors of InfoGROUP in connection with shareholder derivative litigation focusing on self-dealing and misuse of corporate assets.
- Counsel to the Audit Committee of a publicly traded real estate investment trust in an investigation relating to debt covenant compliance and financial reporting issues.
Securities Enforcement
- In a matter that concluded without enforcement action, representation of a large regional bank in an SEC inquiry concerning mortgage loan repurchase reserves.
- Representation of a pharmaceutical executive in an SEC/DOJ investigation regarding alleged disclosure, accounting, insider trading, and other securities law violations.
- Representation of a consulting firm audit committee member in an SEC investigation into accounting irregularities.
Insurance Coverage
- Counseling clients on D&O and professional liability coverage in connection with investor and franchise litigation and regulatory investigations.
- Representation of utility in two successful jury trials over coverage for environmental liabilities.
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, resulting in favorable settlement.
- § 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.
November 5, 2018, Cov Africa
In March 2017, World Bank Group president Jim Yong Kim announced that the World Bank would provide a record $57 billion in financing for projects in sub-Saharan Africa in the 2018–2020 fiscal year period. Consistent with that commitment, the World Bank’s most recent annual report indicates that $19.8 billion was issued to partner countries and...… Continue ...
October 26, 2018, African Law & Business
Benjamin Haley's relocation from Washington to Johannesburg is featured in African Law & Business. Mr. Haley specializes in compliance and enforcement matters, and his work spans the African continent, representing clients in Kenya, Nigeria, Tanzania, Uganda, and South Africa. The article also mentions the recent addition of Robert Kayihura, who joined the ...
October 10, 2018, Cov Africa
Over the last several decades, Foreign Direct Investment (FDI) by multinational companies has become a critical engine of economic growth in Africa, with FDI in the extractive industries particularly significant. A common response by local governments in Africa to increased FDI is “local content” requirements, which are designed to ensure the participation of ...
September 28, 2018, Covington Advisory
On August 24, 2018, the Second Circuit issued its much-anticipated decision in U.S. v. Hoskins.Emphasizing on multiple occasions that Congress defined “with surgical precision” who could be liable under the anti-bribery provisions of the Foreign Corrupt Practices Act (“FCPA”), the court held that the government may not employ conspiracy or accomplice liability ...
July 19, 2018, Covington Alert
Last week, in SEC v. Cohen, a federal district court dismissed an SEC enforcement action, in its entirety, on statute-of-limitations grounds. Most notably, citing the Supreme Court’s 2017 Kokesh decision, the court held that the injunction sought by the SEC in the case "would function at least partly to punish Defendants and is therefore a penalty" for purposes ...
June 29, 2018, Cov Africa
On June 3, 2018, French tycoon Vincent Bolloré warned investors that Groupe Bolloré—a logistics provider with extensive operations in former French colonies in Africa—may suffer negative commercial and financial consequences as a result of a corruption investigation initiated by French authorities. Mr. Bolloré was questioned for two days by French police in ...
June 6, 2018, PLI Course Handbook, Internal Investigations
Benjamin Haley Promoted to Partner
May 2, 2018
JOHANNESBURG AND WASHINGTON—Covington has promoted Benjamin Haley to its partnership. Mr. Haley, who has deep experience conducting investigations and compliance projects on the ground in Africa, will be relocating from Washington to the firm’s Johannesburg office this summer, where he will lead the firm’s Africa Investigations and Compliance practice. Mr. Haley ...
Designing a Compliance Program at AB InBev
April 30, 2018, Harvard Business Review
Ben Haley is quoted in the Harvard Business Review regarding AB InBev’s analytics program that would integrate data from finance, compliance, HR, and other systems to better identify transactions and third-parties that posed a risk for the company. Mr. Haley, who advised AB InBev on the development of the program, said, “[T]he project was an example of ...
January 25, 2018, Cov Africa
In this blog, Covington’s Africa practice highlights ten key issues to watch in Africa in 2018. U.S. Policy: The derogatory remarks that President Trump made about Africans and Haitians, which he denies having said, create a negative image for the U.S. across the region as the year begins. Nevertheless, the administration will push forward on...… Continue ...
January 25, 2018, Covington Advisory
Our message this year is simple: FCPA enforcement is here to stay. Despite pre-election statements to the contrary, various senior officials in the U.S. Department of Justice (“DOJ”) and U.S. Securities and Exchange Commission (“SEC”) have, over the past year, consistently reaffirmed DOJ’s and the SEC’s commitment to FCPA enforcement.
December 13, 2017, Covington Alert
During his keynote speech at the 34th International Conference on the Foreign Corrupt Practices Act (“FCPA”), U.S. Deputy Attorney General Rod J. Rosenstein announced a new FCPA Corporate Enforcement Policy (the “Policy”), which is now incorporated in the United States Attorneys’ Manual (“USAM”).
Monitor: what it is and what it does
November 6, 2017, IBA Latin American Anti-Corruption Enforcement and Compliance Conference
Law Firms That Police the Police
July 1, 2017, The American Lawyer
Benjamin Haley is quoted by The American Lawyer in an article highlighting ways in which law firms are shining a light on police departments and their practices. Commenting on Covington's representation of Reginald Adams, a former prisoner in New Orleans who spent 34 years in prison for the murder of a police officer's wife, Haley says, "These cases are ...
The Effective Use of Data Analytics in Investigations
June 21, 2017, Webcast (and live)
ISO 37001 Anti-Bribery Management Systems: Substance, Certification, and Open Questions
June 7, 2017, PLI Webcast
Fraud Section Guidance Highlights Factors Considered in Evaluating Corporate Compliance Programs
March 2, 2017, Covington Alert
The Fraud Section of the U.S. Department of Justice (“DOJ”) quietly released new guidance last month entitled “Evaluation of Corporate Compliance Programs” (the “Guidance”). While noting that “the Fraud Section does not use any rigid formula to assess the effectiveness of corporate compliance programs,” the eight-page Guidance outlines 11 “Sample Topics and ...
Winter 2017, Covington Alert
Anti-corruption enforcement is at a crossroads. In many respects, global anti-corruption enforcement has never been more active. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) in 2016 collected a total of $2.41 billion through FCPA enforcement actions against 27 corporate defendants, including through their share ...
Using Advanced Data Analytics in Investigations
January 18, 2017, DC Bar Emerging Issues in eDiscovery Series
Technology Helps and Hinders Fraudsters - Using Analytics Successfully to Combat Fraud
December 6, 2016, KMPG Profiles of the Fraudster Webcast Series
Covington secures DOJ declination for AB InBev
August 30, 2016, Global Investigations Review
Global Investigations Review highlights Covington’s role in helping AB InBev secure a declination notice from the U.S. Department of Justice in an FCPA investigation regarding the company’s business partners in India. The Covington team was led by Steven Fagell, who worked with Lanny Breuer, Jason Criss, and Benjamin Haley on the matter.
April 21, 2016, Covington Alert
On April 5, 2016, the United States Department of Justice (“DOJ”), through the Criminal Division’s Fraud Section, announced a one-year Foreign Corrupt Practices Act (“FCPA”) enforcement pilot program (the “Pilot Program”) intended to motivate companies to voluntarily disclose FCPA-related misconduct and increase transparency around the Fraud Section’s approach ...
April 5, 2016, Practicing Law Institute
April 2016, Covington Alert
This article describes the attorney-client privilege under U.S. law and where care must be taken during internal investigations in China to maintain the privilege and avoid inadvertently waiving its protections.
Covington Announces New Counsel
April 1, 2016
WASHINGTON, DC — Covington has promoted eight lawyers to of counsel and eight to special counsel, effective April 1, 2016. The new of counsel are as follows: Stefanie Doebler (Washington) focuses her practice on health care compliance matters for pharmaceutical and medical device clients. She provides advice related to advertising and promotion, fraud and abuse, ...
The Nuts and Bolts of Anti-Corruption Hotlines: An Interview with Benjamin Haley of Covington & Burling
September 24, 2014, The FCPA Report
Benjamin Haley was interviewed for this article.
2014, Practising Law Institute
United States v. Esquenazi - U.S. Court of Appeals Clarifies FCPA's 'Foreign Official' Standard
May 23, 2014, Covington Advisory
Covington Announces Eight New Counsel
April 5, 2013
WASHINGTON, DC, April 4, 2013 — Covington & Burling is pleased to announce the promotion of one lawyer to of counsel and seven lawyers to special counsel, effective April 1, 2013. Muftiah McCartin, the new of counsel, is a member of the public policy and government affairs practice. Ms. McCartin’s distinguished public service career spans 34 years on Capitol ...
7/14/2008
WASHINGTON, DC, July 14, 2008 — The U.S. Court of Appeals for the Federal Circuit today ruled that Thomson Reuters and i-Deal, LLC did not infringe a patent that covers the online auction of municipal bonds. The Federal Circuit’s decision overturns a lower court’s ruling in favor of MuniAuction Inc., that had awarded the plaintiff $84.6 million. Covington & ...
- 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
White Collar Defense and Investigations Toolkit
Practical guidance for in-house counsel and others on internal and government investigations, whistleblowers, trends, and more.