James Joseph Benjamin Jr., Partner, White Collar Defense and Government Investigations | Akin

James Joseph Benjamin Jr.

Partner

Areas of Focus

James Joseph Benjamin Jr., Partner, White Collar Defense and Government Investigations | Akin

James Joseph Benjamin Jr.

Partner

jbenjamin@akingump.com

Areas of Focus

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Biography
  • For more than 20 years, has successfully guided U.S. and international clients through investigations and enforcement proceedings arising under the federal securities and commodities laws.
  • Has conducted numerous jury trials, and has briefed and argued many cases before federal and state appellate courts.
  • Previously served as a federal prosecutor for more than five years in the U.S. Attorney’s Office in the Southern District of New York.

Jim Benjamin is a leader of Akin’s white collar defense and global investigations practice group. He represents banks, public companies, private investment funds, broker-dealers and proprietary trading firms—as well as their key executives and traders—in investigations and enforcement proceedings arising under the federal securities and commodities laws.

Jim is described by Chambers USA as a “truly outstanding” lawyer whose “energy and focus on matters is unwavering,” who is “smart, hard-working, compassionate, and creative” and who is “sought out by clients for his ‘strong and calming influence.’” According to Chambers, Jim “draws widespread acclaim” for his “methodical and commercially sensitive approach to conducting investigations” and is “just superb - a wonderful lawyer with terrific strategic judgment and a wonderful bedside manner.” He represents companies and individuals in complex, high-pressure investigations and enforcement proceedings related to:

  • Insider trading
  • Anti-bribery and Foreign Corrupt Practices Act (FCPA)
  • Improper accounting and disclosure
  • Market manipulation, disruptive trading and other violations
  • Anti-money laundering and the Bank Secrecy Act
  • Anticompetition.

During his tenure at the U.S. Attorney’s Office in the Southern District of New York, Jim served as deputy chief appellate attorney and as a member of the Securities and Commodities Fraud Task Force. After law school, he clerked for Judge J. Frederick Motz in the District of Maryland and Justices Lewis F. Powell, Jr. and John Paul Stevens of the U.S. Supreme Court. Jim graduated second in his law school class and served as Research and Projects Editor of the Virginia Law Review.

Representative Work
  • Represented numerous individuals, public companies, audit committees, and private investment funds in Securities and Exchange Commission (SEC) and criminal investigations regarding accounting, valuation, and disclosure.
  • Served as counsel to trading firms and individuals in multiple Commodity Futures Trading Commission (CFTC), Department of Justice (DOJ), and futures exchange investigations relating to alleged market manipulation, spoofing, wash trading, prearranged trading, position limit violations and trade violations.
  • Advised multinational companies and their executives in more than 20 different FCPA investigations arising out of conduct in Europe, Asia, Latin America and Africa.
  • Defended numerous individuals and investment funds in more than 20 different insider trading investigations, including a number of significant matters, in the United States and internationally.
  • Represented individual clients in DOJ and CFTC cryptocurrency investigations focusing on market conduct, AML, and regulatory issues.
  • Represented institutional and individual clients in government investigations regarding sales practices, disclosures, and execution processes in fixed income and equities markets.
  • Represented a co-founder of a leading bitcoin derivatives exchange in a SDNY criminal case alleging willful violations of the Bank Secrecy Act, as well as parallel CFTC civil enforcement arising from failure to register with the Commission.
  • Representing a former precious metals trader at a major financial institution in a federal criminal case arising from alleged spoofing in futures trading.
  • Representing a former senior rates trader at a major financial institution in a CFTC enforcement case alleging market manipulation and other violations in connection with risk management activity for an issuer swap.
  • Represented a leading financial institution in cross-border investigations of conduct in the spot FX market.
  • Represented a leading broker-dealer regarding best execution obligations for fixed income transactions.
  • Represented individual and institutional clients in criminal tax investigations.

"Just superb - a wonderful lawyer with terrific strategic judgment and a wonderful bedside manner. He's also a total pleasure to work with and really rolls up his sleeves in a case."
Chambers USA, 2020

Education
  • J.D., University of Virginia School of Law, with honors, 1990

  • A.B., Dartmouth College, magna cum laude, 1987

Clerkships
  • U.S. Supreme Court

  • U.S.D.C., District of Maryland

Bar Admissions
  • District of Columbia

  • Maryland

  • New York

Recognitions
  • Chambers USA, Litigation: White Collar Crime and Government Investigations, 2010 -2024, Band 1, 2013-2024.
  • Best Lawyers in America, Regulatory Enforcement: SEC, Telecom, Energy and White Collar Criminal Defense, 2013-2022.
  • Who’s Who Legal, Investigations, multiple years, including 2022 and 2023.
  • Who’s Who Legal, Business Crime Defense: Corporates, multiple years, including 2022 and 2023.
  • Who’s Who Legal, Business Crime Defense: Individuals, multiple years, including 2022 and 2023.
  • Expert Guides, U.S., White Collar Crime, 2016, 2018 and 2020.
  • The Legal 500 US, Corporate Investigations, White Collar Criminal Defense, 2019 -2024.
  • Super Lawyers, New York Metro, 2010-2023.
Affiliations and Public Service
  • Member, board of directors, City Bar Fund, the nonprofit arm of the New York City Bar Association.
Speeches and Publications
  • Co-chair of the Practicing Law Institute’s (PLI) full-day CLE annual conference titled “White Collar Crime: Prosecutors and Regulators Speak,” 2008-2023.
  • Speaker, PLI’s “Ethics in Banking & Financial Services,” 2017-2023.
  • Speaker, PLI’s “Internal Investigations 2018,” July 2018.
  • Speaker, PLI’s “Foreign Corrupt Practices and International Anti-Corruption Developments 2018,” April 2018.
  • Panelist, “Cutting Edge of Cryptocurrency,” Dartmouth Lawyers Association Program, May 20, 2019.

Insights and Achievements

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