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Benjamin Hutten

Partner

New York

Benjamin Hutten provides compliance, investigation and defense services to a wide range of foreign and domestic financial institutions, fintechs, corporations, and individuals with a focus on international sanctions administered by the Office of Foreign Assets Control (OFAC) and anti-money-laundering (AML) laws. He also provides strategic advice to banks, money transmitters, digital asset service providers and other financial institutions to help them identify and obtain the state and federal licenses necessary to conduct their desired operations.

Ben has a deep understanding of sanctions and AML regulation and enforcement. In addition to his client work, he has participated in numerous financial industry group regulatory initiatives related to sanctions and AML issues, including The Clearing House Guiding Principles for Anti-Money Laundering Policies and Procedures in Correspondent Banking, initiatives to address “de-risking” and related to BSA information sharing. Ben also conducts international trainings in AML and sanctions issues for the Financial Services Volunteer Corps.

He has been recognized by Best Lawyers in America as "One to Watch" and by Super Lawyers as a "Rising Star." Prior to joining Orrick, Ben was counsel at Buckley LLP and an associate at Sullivan & Cromwell LLP.

  • His experience includes:

    • Representing numerous foreign financial institutions in cross-border, multiagency criminal and regulatory investigations into past compliance with U.S. sanctions
    • Representing domestic financial institutions in civil, criminal, and regulatory investigations and enforcement proceedings related to compliance with the Bank Secrecy Act
    • Obtaining money transmission, bank, and trust company charters for numerous entrants in the U.S. financial services markets 
    • Advising  multiple banks activity in the banking-as-a-service sector, as well as many partner fintech companies, with on compliance with anti-money laundering, sanctions, and other financial regulatory requirements. 
    • Drafting and implementing AML and OFAC compliance programs for a host of entities, ranging from export-import businesses, fintechs, banks, money transmitters and lenders
    • Assisting multiple corporate and financial institution clients to respond to OFAC subpoenas and submit voluntary self-disclosures to OFAC related to apparent violations of OFAC requirements
    • Conducting AML and OFAC risk assessments for corporate and financial institution clients
    • Advising foreign and domestic financial institutions in public and nonpublic regulatory examinations and enforcement actions by OFAC, the Federal Reserve, Office of the Comptroller of the Currency (OCC), and New York State Department of Financial Services (NYDFS)
    • Assisting financial institutions to conduct AML and sanctions-related internal investigations and look-back reviews
    • Conducting AML and sanctions-related due diligence and crafting related contractual language on a host of domestic and cross-border transactions, including corporate financings, mergers, acquisitions, joint ventures and syndicated lending
    • Advising financial institutions and corporates in the areas of bank and financial services regulations, sanctions and anti-money laundering, such as assessing proposed transactions for sanctions compliance, improving compliance programs to meet regulatory expectations and advising on money services business licensing requirements