Benjamin B. Klubes 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 and settlement;
United States v. Associates National Bank (D. Del. 1999) – the only actively litigated Department of Justice “fair lending” case;
Fitzgerald v. EquiCredit Corp. (N.D. Miss 2002) – a statewide class action settlement of “predatory lending” claims; and
Livingston v. Associates Finance, Inc., 339 F.3d 553 (7th Cir. 2001) – an arbitration agreement enforced against a putative class representative.
Mr. Klubes also represents corporations and individuals in criminal and related civil matters, including independent counsel investigations, grand jury proceedings, and False Claims Act actions. Mr. Klubes served as an Assistant Independent Counsel from 1995 through 1997.
United States v. AmSouth Bancorporation – a deferred prosecution agreement with one count Bank Secrecy Act information for failure to file Suspicious Activity Reports.
Mr. Klubes was selected for inclusion in Chambers USA: America’s Leading Lawyers for Business 2010, 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 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.
Mr. Klubes received a J.D. from Harvard Law School in 1990 (magna cum laude) and a B.A. from George Washington University in 1987 (summa cum laude).
District of Columbia
U.S. Supreme Court
U.S. Court of Appeals, District of Columbia Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court, District of Columbia
U.S. District Court, District of Maryland
Honors and Awards
Ranked as Band 3 in Financial Services Regulation: Banking (Enforcement & Investigations) in Chambers USA: America's Leading Lawyers for Business 2010
Named one of DC's Top Financial Services Lawyers by Washingtonian Magazine December 2009
Recognized by Best Lawyers in America (2010-2011) in the field of Criminal Defense: White-Collar Law
Outstanding Achievement Award by the Washington Lawyer's Committee for Civil Rights and Urban Affairs in June 2004