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Related Publications

05/20/14 Federal Appeals Court Defines “Instrumentality” Under FCPA
Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act.
11/22/13 Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity
Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual prosecutions.
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Photo of  Benjamin D. Klein

honors + affiliations

Recipient, Clara Belfield and Henry Bates Overseas Fellowship (2010)

Recipient, Rotary International Ambassadorial Fellowship (2006)

bar admissions

  • District of Columbia
  • Pennsylvania
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Benjamin D. Klein

Washington, D.C.
1111 Pennsylvania Ave., NW
Washington, DC 20004-2541
United States
Phone: +1.202.739.5394
Fax: +1.202.739.3001

Benjamin D. Klein is an associate in Morgan Lewis's Litigation Practice.  Mr. Klein focuses his practice on complex commercial, regulatory, and white collar criminal matters. He also handles government investigations, representing clients before the U.S. Department of Justice, the U.S. Securities and Exchange Commission, and other enforcement agencies.

Mr. Klein has experience representing both foreign and domestic clients in matters involving the Foreign Corrupt Practices Act (FCPA). He conducts internal investigations and risk-based FCPA compliance reviews for multinational clients and advises on matters related to corporate compliance program structure. His recent publications on the FCPA and related anti-bribery laws include:

  • Senior U.S. Officials Discuss FCPA Enforcement Trends and Activity (Nov. 22, 2013)
  • Fraudulent Receipts Pose Risks for Multinationals Operating in China (Aug. 9, 2013)
  • District Court Decision Limits the Extraterritorial Reach of the FCPA (Feb. 22, 2013)
  • Long-Awaited FCPA Guidance Offers Clarity But Few Revelations (Nov. 14, 2012)
  • Summary of the Resource Guide to the FCPA (Nov. 14, 2012)
  • Serious Fraud Office Gets Tough in UK Bribery Act Enforcement Guidelines (Oct. 17, 2012)

Mr. Klein also has experience in international criminal law, having most recently served as Assistant Independent Counsel in two cases before the Special Court for Sierra Leone (Sierra Leone Tribunal): Independent Counsel v. Taylor and Independent Counsel v. Senessie. In 2013, he helped prosecute and convict Prince Taylor, a former investigator for the Charles Taylor defense team, of witness tampering. In 2012, he similarly helped convict Eric Senessie, a former member of the Revolutionary United Front, of related charges. In 2010, Mr. Klein worked as a Bates fellow in the Office of the International Co-Prosecutor for the Extraordinary Chambers in the Courts of Cambodia (Khmer Rouge Tribunal), where he assisted with the appeal of the Kaing Guek Eav (aka Duch) judgment and the trials of Nuon Chea, Ieng Sary, Ieng Thirith, and Khieu Samphan.

Prior to joining Morgan Lewis, Mr. Klein served as a judicial law clerk to Judge Leslie E. Kobayashi of the U.S. District Court for the District of Hawaii. He received his J.D., with honors, from the University of Michigan Law School in 2010, where he was an articles editor of the Michigan Journal of International Law and a quarterfinalist in the Henry M. Campbell Moot Court Competition. During law school, he interned at the U.S. Department of Justice in the Office of the Solicitor General and the Criminal Division's Human Rights and Special Prosecutions Section (formerly the Domestic Security Section). Mr. Klein received his M.S.c., with honors, from the London School of Economics in 2007 and his B.A., with honors, from the University of Pennsylvania in 2006.

Mr. Klein is admitted to practice in the District of Columbia and Pennsylvania.


  • University of Michigan Law School, 2010, J.D.
  • London School of Economics, 2007, M.S.c.
  • University of Pennsylvania, 2006, B.A.