Benjamin S. Fischer

Benjamin S. Fischer is a nationally recognized criminal defense lawyer, civil litigator, and trial attorney. He represents corporate executives and corporations in high-stakes criminal cases, government investigations, and business litigation. He is a fierce and loyal advocate for his clients. Ben has tried criminal and civil cases to verdict, handled arbitrations to final decisions, and led corporate internal investigations for multinational corporations. Ben also represents high-ranking corporate executives in internal and government investigations, often securing favorable outcomes by preventing charges altogether. Having spent almost his entire legal career as a defense attorney at Morvillo Abramowitz, Ben brings a deep strategic approach to matters, a full understanding of each client’s unique circumstances, and a consistent commitment to the firm’s core values.

Ben is consistently recognized by leading legal publications as a preeminent attorney in his field. Benchmark Litigation named him a National Practice Area Star (White Collar Crime) and a Local (New York) Practice Area Star (White Collar Crime), describing him as “the one to watch” at Morvillo Abramowitz. Chambers USA regularly ranks Ben as a Leading Lawyer in Litigation: White Collar Crime & Government Investigations, noting that he is “a really smart, thoughtful, and creative lawyer … relied on by high-level employees and companies facing complex criminal proceedings arising out of allegations of financial misconduct.” Ben’s peers reported that “Ben has a sense of calm under pressure that radiates to others. He has excellent client management. He is the consummate lawyer. Ben has excellent knowledge, is credible with regulators and prosecutors, easy to work with for lawyers, and has a real strategic nose.” Additionally, Legal 500 has recognized him as a Recommended Lawyer in Corporate Investigations / White Collar Criminal Defense. He has been listed by Thomson Reuters’ Super Lawyers every year since 2013 and was named as a “Rising Star” by the New York Law Journal, selected as one of 40 lawyers under 40 who represent the next generation of New York’s dynamic, intelligent, and civic-minded leaders.

Ben’s matters have involved allegations of securities fraud, hedge fund mismanagement, private equity fund mismanagement, insider trading, asset overvaluation, money laundering, sanctions violations, bribery, Ponzi schemes, rate fixing, price fixing, digital asset fraud and manipulation, stock option backdating, market timing, collusion, tax fraud, failure to supervise, and attorney misconduct. Ben represents individuals and corporations under investigation by the United States Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the New York District Attorney’s Office (NYDA), numerous attorneys general offices, and FINRA. Many of Ben’s matters involve international issues, and he has extensive experience dealing with international regulators.

Selected representations include:

• The Special Committee of the Board of Directors of a multinational media company in connection with the Eastern District of New York’s FIFA investigation.
• A former employee of investment fund Platinum Partners, charged by the DOJ and the SEC with overvaluing the fund and making misrepresentations to investors. Ben secured a deferred prosecution agreement with the government, which led to the complete dismissal of the indictment against the client.
• A firm charged by the SEC with failing to register as an investment adviser in a case currently pending in the Southern District of New York.
• A leading portfolio manager of a large international financial institution accused of securities law violations by the SEC.
• Multiple individuals and entities accused of violating the Foreign Corrupt Practices Act.
• The former chief executive officer of numerous hedge funds in multiple investigations, civil litigations, and arbitrations arising from fraud committed by a former portfolio manager. This representation included successfully defending against three contested arbitration hearings, resulting in the dismissal of all fraud, breach of fiduciary duty, and negligence claims against the client. Additionally, Ben secured a $15 million arbitration award, ordering full indemnification of the client’s legal fees and expenses, a $6 million jury award against the client’s former audit firm, and achieved favorable outcomes for the client with both the DOJ and the SEC.
• Multiple individuals under investigation for insider trading by the DOJ and the SEC.
• A former National Basketball Association player charged with healthcare fraud by the DOJ.
• The chief financial officer of a public company in connection with DOJ and SEC fraud investigations.
• The chief financial officer of a private equity fund in connection with an SEC investigation regarding alleged wrongful conduct.
• Numerous entities and employees in investigations conducted by the DOJ and international regulators regarding foreign currency exchange practices.
• Financial institutions and broker-dealers accused of failing to supervise employees engaged in improper conduct.
• The chief executive officer of a private investment fund in an action brought by the SEC regarding the purchase and sale of unregistered securities.
• Numerous clients accused of sanctions violations.
• A former life insurance executive in a federal criminal trial alleging wire fraud based on alleged misrepresentations in life insurance policies.
• The chief financial officer of an investment management fund in connection with an investigation regarding alleged accounting fraud.
• A senior compliance official in connection with a federal investigation regarding violations of the Anti-Money Laundering Act and Bank Secrecy Act.
• Numerous employees of a multimillion-dollar privately held company under investigation by the DOJ for Bank Secrecy Act violations.
• A former Ernst & Young partner accused of insider trading both at federal criminal trial and on appeal before the United States Court of Appeals for the Second Circuit, where the appeal resulted in a landmark insider trading decision. The court ruled 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 within relationships of trust and confidence.
• A former senior corporate officer of a public company in option backdating investigations conducted by the New York County District Attorney’s Office and the SEC.
• A former senior corporate officer of a major financial institution in investigations conducted by the SEC and the New York Attorney General’s Office (as well as related civil actions) concerning market timing in mutual funds.
• A former chief financial officer of a public company in connection with an accounting fraud investigation by the DOJ and the SEC.
• Corporate officers of a large financial institution in a market manipulation investigation conducted by the SEC.
• Corporations and employees in connection with internal workplace harassment-related issues.
• A large financial institution in an internal investigation and subsequent FINRA investigation concerning rogue back-office employees manipulating levels.
• Several businesses in disputes between business partners.