Benjamin Silverman represents individuals in complex criminal matters and investigations, civil disputes, and appeals. Benjamin has extensive experience defending prosecutions for fraud, racketeering, money laundering, counterfeiting, and international and domestic narcotics trafficking. Benjamin has consistently obtained favorable results for clients facing investigation and high stakes criminal prosecutions, including deferred prosecutions, dismissal of charges, and probationary sentences.
Recent representations include Michael Avenatti in his criminal prosecution alleging that he extorted Nike; a former Sullivan & Cromwell partner in his appeal related to tax evasion charges; an individual charged in a complex international money laundering scheme in the Southern District of New York; clients charged with domestic and international terrorist offenses, including both materially supporting foreign terrorist organizations and engaging in domestic, white nationalist activities; and federal racketeering, firearms, and narcotics offenses.
Benjamin’s recent successes include having a murder conviction thrown out on appeal based on a mistaken jury charge; a full trial acquittal on a federal firearm charge; dismissal of a federal conspiracy charge after demonstrating that evidence was fabricated by a government agent; a deferred prosecution for an individual charged with a complex healthcare fraud scheme; habeas relief granting resentencing on lower Guidelines, which resulted in a reduced sentence; bail pending resolution of a habeas petition for a doctor convicted of over-prescribing opioids; a non-custodial sentence for an individual charged with attempted murder in aid of racketeering; and sentence reduction motions granting immediate release from prison. Michael Avenatti summed up Benjamin’s advocacy: “A great lawyer is smart, responsive, and aggressive, yet measured. Ben is that lawyer.”
Benjamin graduated from New York University School of Law and Sarah Lawrence College. He was a law clerk for the Honorable Alison J. Nathan in the Southern District of New York.
Benjamin was selected a Super Lawyer in New York Criminal Defense in 2023. He a member of the board of the New York Criminal Bar Association and he is on the Criminal Justice Act panels for the Second Circuit and the Southern and Eastern Districts of New York.
Benjamin is admitted to practice in the State of New York, the First and Second Circuits, the Southern, Eastern, and Northern Districts of New York, and the United States Supreme Court. He is a member of the Federal Bar Council, New York Association of Criminal Defense Lawyers, and New York Criminal Bar Association.