att name

"...a truly outstanding lawyer with very good judgment."

Chambers USA

Benjamin B. Klubes

Partner

  • p. 202.349.8002
  • f. 202.349.8080
  • bklubes@buckleysandler.com

Biography

Benjamin B. Klubes, Co-Managing Partner of BuckleySandler LLP, represents financial services companies in federal and state enforcement agency investigations, examinations, and litigation, as well as in private civil and class action litigation. He conducts corporate internal investigations and represents companies and individuals in criminal and civil enforcement matters, including multi-national investigations relating to the Foreign Corrupt Practices Act (FCPA).

Mr. Klubes has an active enforcement and litigation practice representing bank and non-bank financial institutions in investigations and examinations by the Consumer Financial Protection Bureau (CFPB), Department of Justice (DOJ), Federal Trade Commission (FTC), Office of the Comptroller of the Currency (OCC), Federal Deposit Insurance Corporation (FDIC), state Attorneys General and financial regulators, as well as in private class action litigation involving the Fair Housing Act (FHA), Equal Credit Opportunity Act (ECOA), Civil Rights Act, unfair and deceptive trade practices statutes, and privacy law claims.

Mr. Klubes has recently represented a variety of mortgage lenders, mortgage servicers, and automobile lenders in enforcement, regulatory, and class action proceedings arising from the financial crisis, including matters involving the False Claims Act (FCA) and the Financial Institutions Reform Recovery and Enforcement Act (FIRREA). He has assisted in the implementation of fair and responsible lending and anti-mortgage fraud compliance programs for numerous financial institutions, and developed programs for FCPA and Bank Secrecy Act (BSA)/anti-money laundering (AML) compliance.

Representative matters include:

  • Representation of U.S. Bank in connection with multi-year False Claims Act (FCA) investigation of its Federal Housing Administration-insured mortgage lending practices by the DOJ, Department of Housing and Urban Development Office of Inspector General and several U.S. Attorney’s Offices, resulting in a $200 million settlement with no admission of liability.
  • Representation of several other top 20 banks in connection with FCA allegations relating to Federal Housing Administration-insured mortgage lending practices and Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) investigations involving the Federal Housing Finance Administration (FHFA) and DOJ.
  • Representation of several banks in non-public federal bank regulatory referrals to the DOJ for allegations of fair lending violations that resulted in the DOJ declining to take any action and returning referrals to bank regulators.
  • Representation of Flagstar Bank in the first CFPB enforcement action regarding the CFPB’s mortgage servicing rules that resulted in an administrative consent order settlement for $37.5 million relating to default servicing loss mitigation practices.
  • Representation of several major bank and non-bank mortgage and automobile lenders in connection with CFPB fair lending examinations and investigations.
  • Mayor and City Council of Baltimore v. Wells Fargo Bank, N.A.(D. Md. 2008) - Obtained repeated dismissals of Fair Housing Act action by the City against Wells Fargo.
  • Saavedra v. GMAC (C.D. Cal. 2008); Jordan v. Paul Financial (N.D. Cal. 2007); Brooks v. ComUnity Lending, Inc. (N.D. Cal. 2008) - Successfully defended Royal Bank of Scotland in a series class actions seeking to impose consumer protection liability on secondary market loan purchasers and securitizers.

Mr. Klubes also represents corporations and individuals in criminal and related civil enforcement matters, including FCPA, BSA, and criminal FCA actions. Mr. Klubes served as an Assistant Independent Counsel from 1995 through 1997.

Representative matters include:

  • Representation of Universal Entertainment Corporation, a large Japanese gaming company, and its subsidiary Aruze USA, Inc. in FCPA-related litigation brought by Wynn Resorts, Ltd, involving multi-billion dollar claims and related parallel matters.
  • Representation of Chief Executive Officer in multi-jurisdictional investigation by DOJ of potential FCPA violations and United Kingdom Serious Fraud Office of alleged Prevention of Corruption Act of 1906 violations.
  • United States v. AmSouth Bancorporation, No. 3:04-cr-00167 (S.D. Miss. 2004) – Major BSA/anti-money laundering investigation that resulted in a $40 million resolution that included a deferred prosecution agreement with one count BSA information for failure to file Suspicious Activity Reports.

Mr. Klubes was selected for inclusion in Chambers USA: America’s Leading Lawyers for Business 2010-2015, where he is ranked as Band 2 in Financial Services Regulation: Consumer Finance (Litigation) and Band 3 in Financial Services Regulation: Banking (Enforcement & Investigations). Clients are quoted as saying he is "a truly outstanding lawyer with very good judgment" and "a very cerebral and thoughtful lawyer...He is terrific at solving a problem." Mr. Klubes has been named one of Washington, DC’s Top Financial Services Lawyers by Washingtonian magazine (December 2009) and has been repeatedly recognized by Best Lawyers in America (2010-2015) and SuperLawyers (2010-2014) as an exceptional attorney in the field of Criminal Defense: White-Collar Law.

Mr. Klubes is a co-author of Consumer Financial Services, a leading treatise in the area, and has written numerous articles on topics such as fair lending, non-prime lending compliance risk management, insurance access, corporate compliance programs, voluntary disclosure programs, grand jury and inspector general investigations, joint defense agreements and the federal sentencing guidelines. Mr. Klubes also is a frequent speaker on enforcement, litigation, examination, and compliance issues regarding the consumer financial services industry.

Significant Representations

Publications

In The News

Speaking Engagements & Events

Awards & Recognition

  • Chambers USA 2015: Band 3, Financial Services Regulation: Banking (Enforcement & Investigations); Band 2, Financial Services Regulation: Consumer Finance (Litigation)
  • Super Lawyer 2015: Banking, Class Action/Mass Torts, Criminal Defense: White Collar
  • Best Lawyers 2015: Banking and Finance Law, Criminal Defense - White Collar
  • Chambers USA 2014: Band 3, Financial Services Regulation: Banking (Enforcement & Investigations); Band 2, Financial Services Regulation: Consumer Finance (Litigation)
  • Super Lawyers 2014: Banking, Class Action/Mass Torts, Criminal Defense (White Collar)
  • Best Lawyers 2014: Banking and Finance Law, Criminal Defense - White Collar
  • Chambers USA 2013: Band 3, Financial Services Regulation: Banking (Enforcement & Investigations); Band 3, Financial Services Regulation: Consumer Finance (Litigation)
  • Super Lawyers 2013: Banking, Class Action/Mass Torts, Criminal Defense (White Collar)
  • Best Lawyers 2013: Criminal Defense - White Collar
  • Chambers USA 2012: Band 3, Financial Services Regulation: Banking (Enforcement & Investigations)
  • Super Lawyers 2012: Banking, Class Action/Mass Torts, Criminal Defense (White Collar)
  • Washingtonian's Best Lawyers List 2012: Star of the Bar (Banking and Financial Services)
  • Best Lawyers 2012: Criminal Defense - White Collar
  • Chambers USA 2011: Band 3: Financial Services Regulation: Banking (Enforcement & Investigations)
  • Super Lawyers 2010-2011: Banking
  • Best Lawyers, 2010-2011
  • Chambers USA 2010: Band 3, Financial Services Regulation: Banking (Enforcement & Investigations)
  • DC's Top Financial Services Lawyers list, Washingtonian magazine, Dec. 2009
  • Outstanding Achievement Award by the Washington Lawyer's Committee for Civil Rights and Urban Affairs in June 2004