Ben O’Neil

Selected Recent Public Criminal & Civil Matters:

• United States v. Kazem Kazempour – Lead trial counsel to Kazem Kazempour, the former CEO of contract research organization, Amarex.  After a month-long trial in federal court in the District of Maryland, the client was acquitted on six of eight counts.
• Counsel to J&F Investimentos, a Brazilian conglomerate, in a widescale investigation of bribery in Brazil being conducted by the United States Department of Justice and Securities and Exchange Commission. Ben was able to achieve an extremely favorable global resolution for the corporate entity as well as its primary shareholders.
• Counsel to the Odebrecht Group, the largest construction conglomerate in South America, in what the U.S. Justice Department has described as “the largest-ever global foreign bribery resolution.”  Counseled Odebrecht in its negotiations with U.S. investigators and coordinated the global strategy in reaching a resolution between U.S., Brazilian and Swiss investigators and Odebrecht and its affiliate Braskem S.A. Currently conducting an internal investigation on behalf of the organization.    
• Counsel to Confederacion Sudamericana de Futbol (“CONMEBOL”), the confederation of the ten South American national soccer teams, in connection with U.S. criminal investigations and prosecutions into allegations of bribery and corruption in the international soccer world.  Advising CONMEBOL on the investigations and conducting an internal investigation on behalf of the organization. 
• United States v. Joseph Sigelman – Counsel to Joseph Sigelman, a successful American entrepreneur who founded and served as co-CEO of an oil services company called PetroTiger, in the highest profile Foreign Corrupt Practices Act (FCPA) trial of recent years.  In what was described by the national media as a “striking victory for the defense,” the U.S. Department of Justice agreed in the middle of trial to drop all of the most serious charges against Mr. Sigelman, including those relating to substantive bribery, kickbacks, defrauding investors and money laundering and wire fraud, permitting Mr. Sigelman to receive no jail time and avoid the 20 years in prison prosecutors had sought.
• FIFA – Counsel to the Federation Internationale de Football Association (FIFA) in connection with investigations by the U.S. Department of Justice and Swiss law enforcement authorities of alleged bribery and corruption in international football world.
• BTG Pactual – Counsel to a special committee of the Board of Directors of BTG Pactual S.A., Brazil’s largest investment bank, in connection with an internal investigation of allegations of public corruption and bribery.
• U.S. ex rel Kester v. Novartis Pharmaceuticals Corporation – Counsel to Novartis in connection with a False Claims Act case brought by the United States Attorney’s Office for the Southern District of New York.  We negotiated a favorable settlement for the company before trial which did not require an admission of liability. 
• United States v. Ram Kamath –  Counsel to Ram Kamath, accused of participating in a conspiracy to import non-FDA approved prescription pharmaceutical products into the US.  We obtained a Deferred Prosecution Agreement (DPA) from the Department of Justice, dismissing all charges against our client prior to trial.  DOJ rarely agrees to a DPA for an individual defendant, particularly after the defendant has already been indicted, as was the case here.
• United States v. Andreas Bachmann –  Counsel for Andreas Bachmann, a Swiss banker charged with assisting U.S. taxpayers evade taxes while working at a Credit Suisse subsidiary.  Obtained from the U.S. Department of Justice an agreement to permit Mr. Bachmann, a Swiss citizen, to return home to Switzerland immediately after plea and sentencing without serving a single day in prison.

Selected Recent Non-Public Criminal Investigations:

• Counsel to a group of executives of a major European financial institution in connection with an investigation by the United States Department of Justice, Money Laundering and Asset Recovery Section.
• Defense of a former CEO of a major US healthcare company in connection with an investigation by the US Federal Elections Commission of alleged campaign finance violations
• Representation of several major Swiss Private Banks and individual bankers in the U.S. Department of Justice’s investigations of their cross-border banking activities, including allegedly facilitating tax evasion by U.S. taxpayers.
• Defense of a multi-billion dollar US hedge fund in connection with an SEC investigation of alleged fraud by the fund against certain investors.
• Defense of a former CEO of a major US healthcare company in connection with an investigation by the US Federal Elections Commission of alleged campaign finance violations.