Eric A. Bensky
Partner
Eric focuses on securities litigation and enforcement, with an emphasis on representing prime brokers, clearing firms, and other broker-dealers. Eric leads the securities enforcement practice within the firm's financial services group. He advocates for clients in federal and state courts, FINRA Dispute Resolution Services and other self-regulatory organization (SRO), JAMS, and AAA arbitration proceedings, and Securities and Exchange Commission (SEC) and SRO investigations and disciplinary proceedings.
Eric has extensive experience in investigations and litigation in the wake of Ponzi schemes and other financial crises and scandals. He has represented bulge bracket brokerage firms, as well as smaller brokerage firms and their registered representatives, supervisors and other employees. Other clients have included a leading national and international bank, a major mutual fund complex, public companies and their officers and directors, individuals and entities suspected of or charged with potential insider trading violations, investment advisory firms, and hedge funds.
Eric was a shareholder at McGonigle, P.C., before the firm combined with Davis Wright Tremaine.
Practice Highlights
Broker-dealer litigation and enforcement
Eric has extensive experience representing prime brokers, clearing firms and other broker-dealers in proceedings and investigations involving margin (including portfolio margin), direct market access (DMA), Regulation SHO, and anti-money laundering (AML).
Ponzi scheme fallout
Eric has represented institutional clients in lawsuits (including clawback litigation) and regulatory inquiries arising out of the Bernard L. Madoff Investment Securities Ponzi scheme, the Arthur Nadel Ponzi scheme, the Thomas Petters Ponzi scheme, the Rajiv Patel Bluprint Ponzi scheme, the Bradley Ruderman Ponzi scheme, the Samuel Israel III Bayou Ponzi scheme, the John Natale Cambridge Partners Ponzi scheme, the E. Thomas Jung Strategic Income Fund Ponzi scheme, and the Marvin Goodman metals trading Ponzi scheme.
Financial crises and scandals
Eric has handled lawsuits and regulatory inquiries arising out of significant events in the financial industry, such as the January 2021 meme stock trading events, the February 2018 Volmageddon market disruption, the mortgage-backed securities financial crisis, the stock options backdating scandal, the mutual funds market timing and late-trading scandal, and the Nasdaq market makers odd-eighths investigation.
Admitted to Practice
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New York, 1997
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District of Columbia, 1998
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U.S. Court of Appeals, 2nd Circuit, 2011
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U.S. Court of Appeals, 3rd Circuit, 1998
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U.S. Court of Appeals, 11th Circuit, Inactive
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U.S. District Court, District of Columbia, 1998
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U.S. District Court, Eastern District of New York, 2006
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U.S. District Court, Southern District of New York, 2007
Education
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J.D., University of Chicago Law School, 1996, with honors
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B.A., University of Michigan, 1993, with high honors and high distinction
Memberships & Affiliations
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- SIFMA Compliance & Legal Society
- Chair, Board of Directors, National Homelessness Law Center, 2019-2024
- Board of Directors, National Homelessness Law Center, 2013-2024
- Board of Directors, Northwest Washington Little League, 2019-2024