Ben D. Singer

Partner

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Benjamin Singer represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the U.S. Department of Justice, Securities and Exchange Commission, and other federal and state agencies. Ben joined O’Melveny after a decade at DOJ, where he most recently served as Chief of the Department of Justice’s Securities & Financial Fraud Unit. In this role, Ben was the lead prosecutor on several of the largest cross-border cases in DOJ history, including Volkswagen’s alleged evasion of US emissions standards, the foreign exchange manipulation cases, and cases alleging LIBOR manipulation. Ben has been named a future leader in the investigations bar by Who’s Who Legal and Global Investigations Review.

As Chief of the DOJ’s Securities & Financial Fraud Unit, Ben oversaw approximately 50 federal prosecutors investigating complex securities, commodities, and other corporate fraud and corruption offenses, including market manipulation, spoofing, insider trading, accounting fraud, procurement fraud, money laundering, environmental crimes, antitrust offenses, and bribery. 

Prior to that, Ben served as Chief of the DOJ’s Health Care Fraud Unit, where he supervised a team of over thirty prosecutors that prosecuted offenses in the health care industry, including fraud, kickbacks, money-laundering, and FCPA-related offenses.

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Government Experience

  • Chief, Securities & Financial Fraud Unit, Fraud Section, Criminal Division, U.S. Department of Justice (2014–2018)
  • Chief, Health Care Fraud Unit, Fraud Section, Criminal Division, U.S. Department of Justice (2013–2014)
  • Assistant Chief, Fraud Section, Criminal Division, U.S. Department of Justice (2011–2014)
  • Trial Attorney, Fraud Section, Criminal Division, U.S. Department of Justice (2009–2011)

Honors & Awards

  • Who’s Who Legal/Global Investigations Review – Future Leader, Investigations (2019)
  • Attorney General’s Award for Distinguished Service (2016)
  • Attorney General’s Award for Fraud Prevention (2012)
  • Department of Justice Director’s Award (2018)
  • Assistant Attorney General’s Award for Exceptional Service (2011, 2015)
  • Assistant Attorney General’s Award for Distinguished Service (2010, 2014)
  • Inspector General of the Department of Health and Human Services’ Integrity Award (2011)

Admissions

Bar Admissions

  • New York*

Court Admissions

  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York

*Admitted only in New York; supervised by principals of the firm.

Education

  • Cornell Law School, J.D., 2002
  • The College of William & Mary, B.A., 1999: with honors

Professional Activities

Publications

  • “International Financial Fraud Enforcement Trends in a Globalized World,” The Review of Securities & Commodities Regulation (Dec. 19, 2018)
  • “Preserving Privilege in Cross-Border Internal Investigations,” Global Investigations Review (Oct. 1, 2018)
  • “Second Circuit Decision Limits FCPA Jurisdiction as to Foreign Nationals Outside the United States,” O’Melveny & Myers LLP Client Alert (Aug. 28, 2018)
  • “Federal Appeals Court Refuses to Void Criminal Service of Process on Counsel for Foreign Corporation Making Limited Appearance,” O’Melveny & Myers LLP Client Alert (Aug. 23, 2018)
  • “California Decision Distorts Bank Liability Under FIRREA,” Law360 (July 17, 2018)

Speaking Engagements

  • University of Texas School of Law, Annual Government Enforcement Institute, Panelist, “Financial Fraud Enforcement Trends: A Conversation with the SEC and DOJ” (2018); Keynote Speaker (2017); Panelist, “Current Trends in Criminal and Civil Investigations” (2015)
  • Practicing Law Institute, Swaps and Derivatives and Market Enforcement, Panelist, “Perspectives from Government Agencies” (2016, 2017)
  • SEC & DOJ Hot Topics, Panelist, “Current Developments Materially Affecting Corporations, Financial Institutions, Individuals” (2016, 2017)
  • SIFMA, Compliance & Legal Annual Seminar, Panelist, “US and Global Market Abuses: Price Manipulation and Other Issues” (2016)
  • FDIC/DOJ Financial Crimes Conference, Keynote Speaker (2016) (included approximately 500 government-only participants)
  • Securities Litigation and Regulatory Practice Seminar, Panelist, “Enforcement Developments” (2016)
  • ABA Business Law Section, Derivatives & Futures Law Committee Winter Meeting, Panelist, “Enforcement/Litigation Developments” (2015)
  • American Bar Association, National Institute on Securities Fraud, Panelist, “Wall Street to the Hill: The Continuing Evolution of Insider Trading Investigations” (2014); Panelist, “Enforcement Priorities” (2015)
  • National Health Care Anti-Fraud Association, Annual Training Conference, Speaker “Medicare Fraud Strike Force and Beyond” (2011, 2012); Speaker, “Summary Evidence in Health Care Prosecutions” (2012)


In Private Practice

  • Representing a Fortune 50 company in a criminal DOJ investigation relating to allegations of fraud.
  • Representing a Global 100 company in a criminal DOJ investigation relating to allegations of fraud and bribery in defense contracting.
  • Representing a major financial institution in a criminal DOJ investigation relating to insider trading.
  • Representation of an audit committee of a national manufacturer relating to allegations of self-dealing, conflict of interest and other misconduct by executive management.
  • Co-lead trial counsel for a Fortune 100 company during a month-long arbitration of a multi-million dollar contractual dispute with former executive management.
  • Representation of a national managed-care organization in an internal review of its compliance with Medicare Advantage risk-adjustment reimbursement rules.
  • Representation of a Japanese manufacturer and its senior executives in international price-fixing cartel investigations by worldwide antitrust authorities, including the DOJ, the European Commission, and the UK’s Office of Fair Trading.
  • Representation of a corporate executive in DOJ and SEC cases alleging a $1 billion accounting fraud.
  • Representation of the board of a publicly-traded company in a DOJ and SEC investigation into alleged “channel stuffing” accounting fraud by senior executives.
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