Benjamin S. Fischer
Benjamin S. Fischer represents corporate executives and corporations in high stakes business litigation, criminal actions, and regulatory investigations. He has significant experience litigating almost every aspect of civil and criminal cases in both federal and state court and also has extensive experience handling all phases of arbitrations. Ben has tried criminal and civil cases to verdict and arbitrations to final decisions. He has led corporate internal investigations for multinational corporations. Ben also has significant appellate experience in both state and federal appellate courts. His cases have involved allegations of hedge fund mismanagement, private equity fund mismanagement, securities fraud, insider trading, stock option backdating, market timing, collusion, rate fixing, price fixing, bribery, tax fraud, and money laundering. In addition, Ben has represented both individuals and corporations under investigation by the Department of Justice, the Securities and Exchange Commission, the District Attorney's Office, the Attorney General's Office, and FINRA. He also has represented companies conducting internal investigations and individuals in connection with those investigations.
In June 2014, Ben was named a “Rising Star” by the New York Law Journal, in which he was selected as one of 40 lawyers under the age of 40 that “represent the next generation of dynamic, intelligent, and civic minded New York bar leaders.” He was also named a leading lawyer by Chambers USA: America’s Leading Lawyers for Business in the area of Litigation: White Collar Crime & Government Investigations, where he was described as “a terrific lawyer” who is “very thoughtful and very thorough.” Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys recognized Ben as a “Future Star,” and noted that “‘he is the one to watch there.’” He has also been recognized as a Super Lawyer by Thomson Reuters’ Super Lawyers.
He is a member of the Criminal Law Committee of the New York City Bar Association (he also served on the City Bar's Young Lawyers Committee), the Federal Bar Council (where he serves on its First Decade Committee), and the American Bar Association. He is also a board member of the New York Legal Services Group, one of New York City's largest provider of free civil legal services to low income residents of New York. Ben has significant experience handling pro bono matters, in particular, he has represented numerous indigent defendants in criminal cases pending in both state and federal court.
He is also a regular contributor to The Insider Blog on Forbes.com.
- Lead counsel to Special Committee of Board of Directors of a multinational media company in connection with the Eastern District of New York’s FIFA investigation.
- Representation of a former Platinum Partners employee charged by the DOJ (Eastern District of New York) and SEC in connection with allegations that that hedge fund was overvalued and that misrepresentations were made to investors. Mr. Fischer resolved the criminal case by securing a deferred prosecution agreement with the government in which the government agreed to dismiss the indictment against the client with prejudice after the expiration of a two-year deferral period.
- Multiple representations of individuals and entities accused of violating the Foreign Corrupt Practices Act.
- Former CEO of numerous hedge funds, in multiple investigations, civil litigations and arbitrations arising out of the fraud committed by a former portfolio This included fully litigating three arbitration hearings in which all claims against client—including claims for fraud, breach of fiduciary duty, and negligence—were dismissed. On behalf of the same client, Mr. Fischer helped secure a $15 million arbitration award ordering full indemnification of the client’s legal fees and expenses. Mr. Fischer’s representation of the same client also involved the obtaining a $6 million jury award against the client’s former audit firm for failing to bring its audit findings to his attention. Mr. Fischer also obtained favorable outcomes for the client with the United States Attorney’s Office and the Securities and Exchange Commission.
- The Chief Financial Officer of a public company in connection with Department of Justice and Securities and Exchange Commission fraud investigations.
- Chief financial officer of private equity fund in connection with investigation by Securities Exchange Commission regarding alleged wrongful conduct.
- Numerous employees in connection with investigations conducted by the Department of Justice regarding acts and practices occurring on foreign currency exchanges.
- The Chief Executive Officer of a private investment fund in an action brought by the Securities and Exchange Commission regarding the purchase and sale of unregistered securities.
- Chief Financial Officer of investment management fund in connection with investigation regarding alleged accounting fraud.
- Multiple individuals under investigation for insider trading by the United States Attorney’s Office for the Southern District of New York.
- Senior compliance official in connection with federal investigation regarding Anti-Money Laundering and Bank Secrecy Act.
- Numerous employees of a multi-million dollar privately held company under investigation by the Department of Justice for Bank Secrecy Act violations. The investigation concluded with no charges against the company or the employees.
- A former partner at Ernst & Young accused of insider trading both at trial and on appeal before the United States Court of Appeals for the Second Circuit. The appeal decided a groundbreaking issue of first impression in the insider trading arena and held that parties can rightfully defend against insider trading charges – and argue that no insider trading occurred – by relying on an SEC regulation that lawfully permits the communication of confidential information in the context of relationships of trust and confidence (17 C.F.R. § 240.10b5-2).
- Former senior corporate officer of a public company in option backdating investigations conducted by New York County District Attorney’s Office and the Securities and Exchange Commission.
- Former senior corporate officer of a major financial institution in investigations conducted by Securities and Exchange Commission and New York Attorney General’s Office (as well as related civil actions) concerning market timing in mutual funds.
- Numerous senior corporate officers in insider trading and accounting fraud investigations conducted by the Securities and Exchange Commission.
- Former Chief Financial Officer of a public company in connection with an accounting fraud investigation conducted by the Department of Justice and Securities and Exchange Commission.
- Corporate officers of a large financial institution in a market manipulation investigation conducted by the Securities and Exchange Commission.
- A large financial institution in internal investigation—and subsequent investigation conducted by the Department of Justice—regarding a rogue trader.
- Corporations and employees in connection with internal workplace harassment related issues.
- A large financial institution in internal investigation and subsequent FINRA investigation concerning the conduct of rogue back-office employees engaged in the manipulation of collateral levels.
- Several businesses in connection with disputes between business partners.