Benjamin B. Klubes

Benjamin B. Klubes, co-managing partner of BuckleySandler LLP, represents financial services companies in federal and state enforcement agency investigations and litigation, as well as in private civil and class action litigation. He also conducts corporate internal investigations and advises companies with respect to compliance issues and programs.

Mr. Klubes has an active enforcement and litigation practice representing a variety of financial institutions and insurers in investigations by the Department of Justice, Federal Trade Commission, Department of Housing and Urban Development and state attorneys general, as well as in private class action litigation concerning the Fair Housing Act, the Equal Credit Opportunity Act, the Civil Rights Act, unfair and deceptive trade practices statutes and privacy law claims. Mr. Klubes also represents mortgage lenders and servicers in subprime-related matters including class action, enforcement and regulatory proceedings. He has assisted in the implementation of compliance programs for numerous corporations in a variety of business areas, including the financial services industry, relating to fair lending, federal mortgage lending and privacy laws, mortgage fraud, the Bank Secrecy Act, and the Foreign Corrupt Practices Act.

Representative matters include:

• Federal Trade Commission v. Associates First Capital Corp. (N.D. Ga. 2001) – the largest FTC consumer protection lending lawsuit
• United States v. Associates National Bank (D. Del. 1999) – the only actively litigated Department of Justice “fair lending” case against a major financial institution
• Fitzgerald v. EquiCredit Corp. (N.D. Miss 2002) – a statewide class action settlement of “predatory lending” claims
• Livingston v. Associates Finance, Inc., No. 339 F.3d 553 (7th Cir. 2001) – an arbitration agreement enforced against a putative class representative
• Federal Trade Commission v. Fairbanks Capital Corp. et al., No. 03-12219 (D. Mass. 2003) and Federal Trade Commission v. EMC Mortgage Corp. and Bear Stearns Companies LLC, Civ. 4:08-CV-338 (E.D. Tex. 2008) –  two largest FTC investigations resulting in consent decrees relating to mortgage servicing

Mr. Klubes also represents corporations and individuals in criminal and related civil matters, including independent counsel investigations, grand jury proceedings, Foreign Corrupt Practices Act and False Claims Act actions. Mr. Klubes served as an Assistant Independent Counsel from 1995 through 1997.

Representative matters include:

• United States v. AmSouth Bancorporation, No. 3:04-cr-00167 (S.D. Miss. 2004) – a deferred prosecution agreement with one count Bank Secrecy Act information for failure to file Suspicious Activity Reports.
• Representation of individual in multijurisdictional investigation by the Department of Justice of potential FCPA violations and United Kingdom Serious Fraud Office Prevention of Corruption Act of 1906 violations.

Mr. Klubes was selected for inclusion in Chambers USA: America’s Leading Lawyers for Business 2010 and 2011, where he is ranked as Band 3 in Financial Services Regulation: Banking (Enforcement & Investigations). A client is quoted as saying he “provides invaluable strategic advice on any issue we face.” Mr. Klubes has been named one of Washington, DC’s Top Financial Services Lawyers by Washingtonian magazine, December 2009 and has been recognized by Best Lawyers in America (2010-2011) 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 and compliance issues regarding the consumer financial services industry.