Benjamin (Ben) Sauter defends clients in the cryptocurrency and commodity derivatives industries against high-stakes government enforcement actions and investigations. Clients from major cryptocurrency exchanges to leading proprietary trading firms to company founders and executives have turned to Ben for creative and aggressive strategies to improve their defenses and leverage dynamics.

Ben has received multiple certifications for conducting blockchain analysis and is a member of the Digital Currency & Ledger Defense Coalition.

Benjamin Sauter

Of Counsel

646.267.6284
ben@mcgovernweems.com

Linkedin

EDUCATION:

Harvard Law School, J.D.
cum laude

CLERKSHIPS:

Hon. Fortunato P. Benavides, U.S. Court of Appeals for the Fifth Circuit

Hon. Sarah S. Vance, U.S. District Court for the Eastern District of Louisiana

  • Representation of a major cryptocurrency exchange in responding to CFTC subpoenas and potential enforcement measures
  • Representation of leading digital currency exchange in responding to formal and informal information requests from multiple U.S. regulators
  • Representation of leading online gaming company in billion-dollar founders’ dispute
  • Representation of international cryptocurrency exchange in international asset recovery efforts, including through Chapter 15 filings and related discovery and asset recovery measures.
  • Representation of leading digital currency exchange in defending against antitrust claims concerning digital currency mining.
  • Representation of large blockchain developer in responding to inquiry by the U.S. Securities and Exchange Commission (SEC) related to Initial Coin Offering (ICO).
  • Representation of large proprietary commodity trading firm in case brought by the U.S. Commodity Futures Trading Commission (CFTC) over alleged market manipulation
  • Representation of foreign-based trader in responding to CFTC subpoena relating to allegations of “spoofing” in multiple markets.
  • Advise leading proprietary trading firm regarding money transmission rules applicable to decentralized cryptocurrency services
  • Representation of a proprietary trading firm in defending against a CFTC enforcement action involving claims of illegal “spoofing” and manipulation in relation to numerous financial products and markets.
  • Representation of foreign-based trader in defending against a CFTC-issued subpoena related to a sudden decline in the market price of a well-known digital currency.
  • Representation of a precious metals dealer in an enforcement action brought by the CFTC involving an unprecedented theory of CFTC jurisdiction over leveraged commodity transactions and allegations of fraud.
  • Representation of the founder and CEO of a major cryptocurrency exchange platform in responding to SEC subpoena and potential enforcement measures.
  • Representation of a major cryptocurrency exchange in responding to DOJ, CFTC and SEC subpoenas
  • Representation of liquidators of defunct cryptocurrency exchange in United States Chapter 15 bankruptcy proceeding to pursue recovery of stolen assets transferred to or through U.S.-based exchanges.
  • Representation of a digital currency trading firm in recovering approximately US 80 million in stolen cryptocurrency assets.
  • Representation of a leading independent investment manager in their asset recovery efforts on behalf of fellow round 2 investors for a new cryptocurrency after its issuance failed to launch.
  • Defense of large algorithmic digital currency trader whose assets were frozen on account of allegations of market manipulation by a large exchange, resulting in the successful return of all frozen assets and dismissal of all claims brought by exchange.
  • Representation of fraud victim who lost substantial funds in the form of the digital currency XRP.
  • Representation of a proprietary trading firm in responding to allegations of illegal “spoofing” activity in relation to U.S. Treasury futures on the Chicago Board of Trade exchange.
  • Defense of a proprietary trading firm in civil action alleging disruptive trading and market manipulation in U.S. Treasury futures markets, resulting in dismissal of claims following motion to dismiss.