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- Professionals
- Benjamin S. Haley
Ben Haley leads the firm's compliance and investigations practice in Africa. With deep experience representing clients before U.S. regulators in high-profile matters and a history operating on the ground across the continent, he helps clients assess and mitigate complex legal and compliance risks in Africa.
Clients often call upon Mr. Haley to assist in the resolution of complex government enforcement matters and commercial disputes. For more than a decade, Mr. Haley has handled complex government enforcement matters and internal investigations, with particular expertise in anti-corruption, anti-money laundering, fraud, and financial crime matters. He has guided clients across a range of industries to favorable outcomes in government investigations, as well as parallel shareholder litigation, insurance recovery matters, and employment disputes.
Complementing his investigations and dispute resolution practice, Mr. Haley also helps clients proactively manage compliance risk. He 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; and assisting companies in designing, implementing, and maintaining best-in-class compliance programs. In recent years, 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.
In addition to representing business organizations, Mr. Haley has extensive experience representing executives in criminal and civil government investigations and litigation. He also routinely manages complex cross-border electronic discovery projects, including large-scale data collection and review, and he has expertise in leveraging technology-assisted review and predictive coding in both internal and government investigations.
Mr. Haley also maintains an active pro bono practice, focusing on securing civil redress for individuals who have been subject to wrongful prosecution. In a series of cases dating back to 2006, he has secured millions of dollars in civil recovery for exonorees, in the process setting a number of significant legal precedents for litigation involving police and prosecutorial misconduct.
Government Enforcement Matters
- Counsel to Mobile Telesystems PJSC in resolution of DOJ and SEC FCPA investigation into the company’s former operations in Uzbekistan.
- 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.
- Successfully resolved a long-running DOJ and 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, 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.
- Representation of technology company in wide-ranging DOJ investigation into corporate communications and security practices, including forensic review of potential data destruction.
- Representation of technology company in U.S. Office of Foreign Asset Control investigation into potential trade controls and sanctions violations arising out of shipment of goods to Iran.
- Representation of an executive of an automotive manufacturer in a DOJ and SEC investigation into alleged FCPA violations in Eastern Europe.
- 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 and DOJ investigation relating to alleged disclosure, accounting, insider trading, and other securities law violations, resulting in a favorable SEC resolution and declination by DOJ.
- Representation of a consulting firm audit committee member in an SEC investigation into accounting irregularities.
- Representation of bank employee in False Claims Act investigation relating to bank’s quality control processes for compliance with federal loan programs, resulting in no enforcement action against our client.
Internal Investigations
- Internal investigation in Nigeria into potential FCPA, UK Bribery Act, and AML issues relating to tax obligations, licenses and permits, and immigration processes.
- Internal investigation in Ghana relating to immigration matters.
- Internal investigation in Uganda relating to interactions with police.
- Internal investigation into potential FCPA violations for manufacturing company relating to import of goods in Argentina and Brazil.
- Internal investigation for oil and gas services company into potential FCPA issues arising out of transactions in Eastern Europe.
- Internal investigation for manufacturing company relating to potential FCPA concerns relating to public sector transaction in Georgia.
- Led team in fast-moving internal investigation into workplace violence incident involving major public sector technology contractor.
- 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 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.
- Investigations for Korean consumer products company relating to interactions with tax officials, expense fraud, and relationships with labor unions.
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.
- Representing major financial institution in East Africa on sanctions and AML matters.
- 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.
- Advice to oil exploration and production company on third-party relationships in Ghana.
- Market entry advice to oil exploration and production company in Senegal, Mauritania, and Ghana.
- Development of control processes and protocols for interactions with police and customs officials in various countries in Africa.
- Advice to U.S. publicly listed company regarding minority investments in Angola, Zimbabwe, and South Africa.
- Advice to U.S. publicly listed company regarding currency repatriation and shareholder loans in Angola.
- Anti-corruption, sanctions, and AML compliance advice relating to extortion payments in Central America.
- Global anti-corruption risk assessment for global manufacturing and technology company, including site visits in Mexico, Colombia, Venezuela, Argentina, Brazil, China, India, and South Africa.
- Assisting Korean company with accelerated anti-corruption program enhancement project, including development of implementation roadmap.
Dispute Resolution
- 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.
- Representation of Thomson Reuters in patent litigation, obtaining the reversal of an $85 million jury verdict.
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.
March 26, 2020, Cov Africa
With African governments increasingly taking strong actions to impede the spread of the COVID-19 virus – including in a number of jurisdictions, imposing full lockdowns – we are able to provide assistance to our clients, financial institutions, developmental finance organizations, companies and organizations on the continent. We are available to get on a call ...
February 3, 2020, Cov Africa
Commencement of the AfCFTA. The landmark African Continental Free Trade Area (AfCFTA) is slated to go into force on July 1, 2020. When fully implemented, the trade agreement will eliminate tariff and non-tariff barriers, and substantially increase intra-regional trade to volumes worth over $3.3 trillion. Twenty-nine countries have deposited their instruments of ...
January 30, 2020, Covington Alert
It has been another strong year in anti-corruption enforcement, with 2019 meeting or beating the high-water mark for enforcement across a number of measurements.
October 22, 2019, Cov Africa
In our experience, compliance professionals spend a significant amount of time and resources focusing on the “how” – designing, implementing, sustaining, and improving effective compliance programs. This focus is no doubt warranted given recent emphasis by enforcement authorities on the need for corporates to test the effectiveness of their compliance programs. ...
October 22, 2019, Cov Africa
Companies today face increasingly complex regulatory frameworks globally and intense levels of corporate scrutiny from government enforcement agencies around the world. As government agencies embrace sophisticated crime-busting technology and the world shrinks through greater inter-agency cooperation, there are more ways than ever for governments to identify ...
June 14, 2019, Cov Africa
Yet another U.S. regulator is entering the foreign corruption space. The Commodity Futures Trading Commission is a civil agency that oversees commodity and derivatives markets in the United States. It enforces the Commodity Exchange Act, a set of statutes that are enforced criminally by the U.S. Department of Justice. The CFTC has authority to impose...… ...
June 2019, GIR Insight - Europe, The Middle East and Africa Investigations Review 2019
Accreditation: An extract from the 2019 edition of Europe, The Middle East and Africa Investigations Review. The whole publication is available at https://globalinvestigationsreview.com/edition/1001341/europe-the-middle-east-and-africa-investigations-review-2019.
May 10, 2019, Covington Alert
On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division released an updated version of the Evaluation of Corporate Compliance Programs (the “Guidance”), which serves as a reference for prosecutors in assessing corporate compliance programs in the context of DOJ investigations.
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
April 3, 2019, Covington Alert
In March 2019, the U.S. Department of Justice introduced several changes to the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“the Policy”). The Policy, originally incorporated into the Justice Manual in November 2017, outlines the Department’s position on mitigation credit that companies may receive for voluntary self-disclosure, full ...
Companies face conflicting expectations when investigating conduct under Israeli jurisdiction
March 26, 2019, Global Investigations Review
March 5, 2019, Cov Africa
With an emerging middle class of 400 million people, 10 of the fastest growing economies globally, and the most youthful population of any region, Africa is a continent of significant opportunity. There are also risks, as there are anywhere, including the challenge of combatting corruption, navigating opaque regulations and developing a skilled workforce. Below ...
Q1 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
Winter 2019, Covington Alert
It was business as usual for FCPA enforcement in 2018. The U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) collected a total of $1 billion from seventeen corporate defendants, including through their share of two high-value, multi-jurisdictional enforcement actions. DOJ also announced thirteen new FCPA prosecutions ...
February 6, 2019, Cov Africa
Africa’s Growth Prospects. Africa’s gross domestic product (GDP) is expected to grow at 3.8 percent in 2019, which is a significant improvement over last year’s regional growth rate of 2.6 percent. Excluding the continent’s largest economies (Angola, Nigeria and South Africa), which are growing collectively at an average of 2.5 percent, the aggregate growth ...
FORUM: Tackling fraud and corruption in Africa
January 28, 2019, Financier World
Benjamin Haley served as a panelist in a discussion on tackling fraud and corruption in Africa.
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, 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
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
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