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
Benjamin (Ben) Sauter’s litigation practice resides at the intersection of alternative assets and technologies. His clients include major cryptocurrency platforms, leading proprietary trading firms, and founders and executives looking for aggressive legal strategies, both offensive and defensive.
On the offensive side, Mr. Sauter has unique experience developing strategies to trace, freeze, and recover cryptocurrency assets. Mr. Sauter is believed to have been the first legal practitioner in the United States to successfully obtain a court order directing the return of stolen cryptocurrency assets in favor of his client. Since then, he has helped innumerable investment firms, exchanges, and individuals build creative recovery strategies and recover tens of millions of dollars in value that others had assumed to be lost. Mr. Sauter has received multiple certifications for conducting blockchain analysis and frequently deploys such analyses in his cases without the need for outside expertise or consultants.
On the defensive side, Mr. Sauter aggressively defends clients confronting high stakes government investigations, typically involving the U.S. commodities and securities regulators (SEC/CFTC). He is known for his willingness to challenge regulatory overreach and develop innovative legal defenses. He is often retained by clients after investigations have festered and more cooperative strategies have failed to produce desired results. Against the backdrop of his litigation background, Mr. Sauter also advises clients on regulatory and compliance strategies, helping them pursue innovative business solutions while reducing litigation risk.
Representative
Matters
Representation of leading online gaming company in billion-dollar founders’ dispute
Representation of digital currency trading firm in recovering approximately US $80 million in stolen cryptocurrency assets.
Representation of major blockchain developer in $200 million dispute with market maker
Defense of large algorithmic digital currency trader whose assets were frozen on account of allegations of market manipulation by a large exchange
Representation of large blockchain developer in responding to inquiry by SEC related to Initial Coin Offering (ICO).
Representation of cryptocurrency exchange in international asset recovery efforts, including through Chapter 15 filings and related discovery and asset recovery measures
Representation of a leading independent investment manager in asset recovery efforts on behalf of fellow round 2 investors for a new cryptocurrency after its issuance failed to launch.
Representation of foreign-based trader in defending against a CFTC subpoena related to a sudden decline in the market price of a well-known digital currency.
Representation of foreign-based trader in responding to CFTC subpoena relating to allegations of “spoofing” in multiple markets.
Representation of major cryptocurrency exchange in responding to CFTC subpoenas and potential enforcement measures related to allegations of potential market manipulation
Representation of fraud victim who lost substantial funds in the form of the digital currency XRP.
Representation of large proprietary commodity trading firm in case brought by CFTC over alleged market manipulation
Representation of leading digital currency exchange in responding to formal and informal information requests from multiple U.S. regulators
Representation of 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 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 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.
Prior Big-Law Affiliations
Cleary Gottlieb Steen & Hamilton
Kobre & Kim
Practice Focus
Commercial Litigation
Judgment Enforcement and Asset Recovery (Including Cryptocurrency)
Government Investigations
Languages
English (fluent)
French (fluent)
Distinctions &
Leadership
“Top 15 U.S. Legal Crypto Practitioners", Citywealth magazine (2022)