Our Africa Anti-Corruption Practice has previously outlined key considerations for handling internal investigations and remediation of compliance issues in Africa. Here, we take a closer look at a particular aspect of remediation, the root cause analysis. After the dust settles on an investigation identifying misconduct, a root cause analysis can serve as the most effective
Ben Haley leads the firm's White Collar and Anti-Corruption Practice in Africa and is a chair of the firm's broader Africa Practice. With deep experience representing clients before regulators in high-profile white collar and disputes matters and a history operating on the ground across the continent, he helps clients assess and mitigate complex legal and compliance risks in Africa and other emerging markets.
Complementing his investigations and dispute resolution practice, Ben has a broad-based compliance advisory practice, helping clients proactively manage compliance risk in areas including anti-corruption, anti-money laundering, fraud, and data privacy.
Ben represents corporate and individuals clients in a wide range of investigations and disputes, including:
- Investigations under the U.S. Foreign Corrupt Practices Act (“FCPA”).
- Investigations into anti-money laundering, financial crimes, anti-terrorism, and international trade controls issues.
- Securities fraud and accounting matters.
- Board investigations and shareholder litigation.
- Insurance recovery.
Ben also regularly advises clients on a range of regulatory compliance and corporate governance issues. His compliance advisory practice includes:
- Performing risk and compliance program assessments.
- Leading compliance reviews on business partners and assisting companies with third-party risk management processes.
- Conducting forensic accounting reviews and testing and enhancing financial controls.
- Advising on market entry, cross-border transactions, and pre-acquisition diligence and post-acquisition integration.
- Assisting companies in designing, implementing, and maintaining best-in-class compliance programs.
In recent years, Ben has steered a number of clients to successful resolutions and declinations in complex FCPA and corporate fraud matters with the U.S. Department of Justice and Securities Exchange Commission. In his advisory practice, Ben has served as lead compliance counsel on a number of major M&A transactions. He has developed special expertise assisting clients in leveraging technology in their compliance programs, including assisting one of the world's largest consumer goods companies in the design and implementation of an award-winning compliance data analytics and monitoring system.
Ben has been described by the Chief Compliance Officer of one of his clients as “[a]n outstanding senior lawyer and advisor,” and “a guiding light for all things compliance advisory in Africa,” whose “advice is crystal clear, covers all angles and is business friendly.”
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In this series of posts, our Africa Anti-Corruption Practice will be focusing on the key takeaways from the DOJ Guidance through the lens of companies operating in
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Covington’s Ability to Help Respond to the COVID-19 Pandemic in Africa
Corruption and Human Rights: Inextricably Linked
In Part 2 of our business and human rights series to mark World Human Rights Day, we discuss the increasing recognition of the linkages between human rights abuses and corruption, and how companies can find efficiencies in their efforts to address these overlapping risks.
Corruption and adverse human rights impacts are often intertwined. This was…
Articulating the Business Case for Investing in Compliance Programs
Five Key Considerations For Handling Internal Corporate Investigations
Beyond The FCPA: New U.S. Regulator Enforcing Against Foreign Corruption
Yet another U.S. regulator is entering the foreign corruption space. The Commodity Futures Trading Commission is a civil agency that oversees commodity and derivatives markets in the United States. It enforces the Commodity Exchange Act, a set of statutes that are enforced criminally by the U.S. Department of Justice. The CFTC has authority to impose…