Office Civil
Resume:
MONA LUDDY BENACH
Washington, D.C. 20015
202-***-**** ********@*****.***
EXPERIENCE
Special Counsel, Securities Attorney (temporary) placed at Sutherland, LLC August 2015-December 2015
Provided Compliance Counsel to Broker-Dealers and Investment Advisers, including drafting and revising Compliance Manuals, Code of Ethics, Form ADV, and other Securities and Exchange Commission filings.
Draft Term Sheet creating new fund for Business Development Corporation Investment Vehicle
Represented Broker-Dealer in FINRA investigation regarding providing prospectuses to clients. Interviewed employees, drafted and edited response to FINRA request, and reviewed documents in preparation for response.
Benach Legal Services, LLC
Owner, September 2013 - present
Compliance consulting services to investment advisers, hedge funds, and broker-dealers. Focus on compliance issues with respect to the ’33, ’34, and ’40 Acts. Assisted clients in consulting on securities transactions. Provide advice and guidance on current trends and priorities in Securities Enforcement as well as ongoing counsel regarding compliance program management.
Reviewed and negotiated contracts on behalf of individuals and businesses
Representation of individuals in SEC Enforcement actions and FINRA investigations alleging violations of the ’34 Act and the ’40 Act.
Representation of individuals, small companies and investment structures in civil litigation, securities litigation, and government investigations in all stages of investigations, litigation and transactions. United States Securities and Exchange Commission Washington, DC Division of Enforcement
Senior Counsel, April 2009-August 2013
Staff Attorney, April 2008-April 2009
Principal attorney in Subprime Mortgage securities matter investigating Bank’s role as trustee for Mortgage Backed Securities. Drafted subpoenas, reviewed documents and conferred with opposing counsel regarding ongoing investigation.
Principal attorney in stock options backdating investigation. Brought settled action against Company and two individuals before the Commission. Obtained settlement against company and two individuals including fraud charges against all entities, disgorgement from all entities, and penalties from all entities. Drafted Action Memo, Complaint, and Final Settlement documents. Negotiated waiver of attorney-client privilege and took testimony of two attorneys. Drafted and issued Wells notices for company and two related individuals.
Principal attorney regarding insider trading in connection with a corporate acquisition of a public company. Drafted subpoenas, analyzed trading and telephone records, reviewed documents, and researched Fifth Amendment privilege with respect to the Act of Production.
Investigative attorney on inquiry into issuance of long-term debt by Government Sponsored Entity
(“GSE”). Responsibilities included issuing subpoenas, reviewing documents, conducting off-the-record interviews of debt managers at investment banks, and taking investigative testimony of individuals in connection with the debt issuance. Drafted Action Memo.
Investigated disclosures by GSE of subprime mortgages and mortgage-backed securities. Took testimony of key witnesses, including counsel to the GSE, reviewed documents and filings, and met with opposing counsel for both the GSE and related individuals. Drafted and participated in reviewing and revising Wells notices to potential defendants. Drafted action memo recommending charges against the GSE and related individuals for review by the Commission.
Conducted multi-year investigation into FCPA violation self-reported by international company in connection with bribes and gifts in its Shanghai office. Arnold & Porter LLP Washington, DC
Associate, September 2002-April 2008
Securities Litigation Experience
Investigations:
Represented broker dealer client conducting an internal investigation of employee misconduct based upon securities fraud allegations: reviewed accounting, phone, and computer records and prepared co- counsel for interviews with employees.
Represented client in connection with internal investigation of activities of former research analyst. Managed team of attorneys reviewing electronic records and had extensive contact with client’s compliance officers. Conducted discovery in response to SEC and FINRA requests regarding information concerning possible insider trading and Rule 2711 violations. Prepared witnesses for depositions.
Defended multiple depositions of employees of mutual fund.
Represented former CEO in stock options backdating investigation by the SEC and in related class action civil suits. Drafted motion to dismiss brought against former CEO under PSLRA. Criminal Defense:
Represented former CFO of telecommunications corporation in criminal proceedings and in securities fraud investigation. Conducted discovery, drafted motions in limine and prepared for plea negotiations with United States Attorney's Office. Coordinated responses to parallel proceedings by the Securities and Exchange Commission and the US Attorney’s Office. General Litigation Experience
Drafted motions, briefs, pleadings, affidavits, deposition outlines, discovery requests, memoranda, and responses to discovery requests in various civil and white-collar criminal litigation matters in both federal and state court.
Managed discovery team and took multiple depositions of employees of major credit card network on behalf of corporate client.
Advised clients regarding litigation strategy in complex civil rights litigation. Drafted briefs, filed petitions, advised on legal strategy, prepared key witnesses, drafted declarations, and conducted discovery for various pro bono matters.
The Honorable Deborah Chasanow, U.S. District Court for the District of Maryland Greenbelt, MD Judicial Clerk, August 2001- August 2002
Drafted opinions in civil litigation matters, including dispositive motions such as motions for summary judgment and motions to dismiss. Managed and drafted opinions for half of the civil docket. Willkie, Farr & Gallagher New York, NY
Summer Associate, May-August 2000
The Honorable Cheryl L. Pollak, U.S. District Court for the Eastern District of New York, Brooklyn, NY Summer Intern, May-July 1999
EDUCATION
Columbia Law School, New York, NY - Juris Doctor, 2001 HONORS: Harlan Fiske Stone Honor Scholar, 1999-2000; Columbia Law Review, Senior Editor 1999-2001; Parker School Recognition of Achievement in International and Foreign Law, May 2001; Columbia Law School Public Service Fellow, 1999
The Johns Hopkins University, Baltimore, MD - Bachelor of Arts, International Relations, 1995 BAR ADMISSIONS
District of Columbia, New York, United States District Court of Maryland and United States Court of Appeals for the Fourth Circuit.
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