About Brian
Brian Benczkowski: White-Collar Criminal Defense Attorney
Brian Benczkowski is a recognized leader in complex government investigations and white-collar criminal defense. As a partner at Kirkland & Ellis’ Washington, D.C. office and a member of the Government, Regulatory & Internal Investigations Practice Group, he brings unparalleled experience to clients facing a wide range of government enforcement actions and internal investigations. Mr. Benczkowski’s deep understanding of the legal landscape, combined with his extensive experience within the Department of Justice and on Capitol Hill, makes him a highly effective advocate for corporations and individuals.
Mr. Benczkowski’s career is defined by a commitment to aggressive defense strategies and meticulous attention to detail. He specializes in navigating the most challenging and high-stakes investigations involving securities fraud, commodities violations, healthcare fraud, government contracting and program fraud, Foreign Corrupt Practices Act (FCPA) violations, money laundering, public corruption, computer crime, intellectual property disputes, and Bank Secrecy Act matters – including complex opioid-related investigations. He is particularly adept at representing clients in multi-national and cross-border investigations, often working alongside international law enforcement and regulatory agencies.
During his tenure as the Senate-confirmed Assistant Attorney General for DOJ’s Criminal Division (2018-2020), Mr. Benczkowski oversaw a significant team of over 600 attorneys and 1,000 staff, managing prosecutions across numerous complex criminal divisions. This leadership role allowed him to shape critical criminal enforcement policy, fostering improvements in corporate compliance programs and enhancing the process for evaluating corporate fines and penalties. His efforts included the implementation of revised criteria for corporate monitor selection, changes to the evaluation of compliance programs, and revisions to the FCPA Resource Guide and Corporate Enforcement Policy (CEP). Notably, he spearheaded the publication of declination letters online, increasing transparency and providing valuable resources to the legal community.
Prior to his time at the DOJ, Mr. Benczkowski served as the Republican Staff Director for the Senate Judiciary Committee and as a senior attorney for the House Judiciary Committee, providing invaluable insight into the legislative and investigative processes. His early career as Counsel to a senior United States Senator involved advising on matters before the Senate Permanent Subcommittee on Investigations (PSI) and conducting investigations related to campaign finance abuses in the 1996 elections. He has a proven track record of successfully representing corporations and individuals in government enforcement matters before the DOJ, other federal agencies, and state attorneys general.
Mr. Benczkowski’s experience extends to conducting comprehensive internal investigations on behalf of companies and boards of directors across diverse industries, including energy, environmental, telecommunications, entertainment, pharmaceutical, and life sciences. He expertly manages congressional investigations, skillfully handling document requests, preparing senior executives for testimony at committee hearings, and ensuring his clients’ rights are fully protected. His courtroom litigation skills are complemented by his strategic approach to resolving complex legal challenges.
Key Areas of Expertise:
- White-Collar Criminal Defense: Aggressive defense of corporations and individuals facing government investigations and criminal charges related to financial misconduct, fraud, and regulatory violations.
- Foreign Corrupt Practices Act (FCPA) Litigation: Expertise in navigating FCPA investigations and prosecutions, including assisting companies with compliance programs and defending against allegations of bribery and corruption.
- Government Investigations: Comprehensive support for companies and individuals undergoing government investigations, including conducting internal investigations, managing legal counsel, and representing clients before federal and state agencies.
- Complex Litigation: Handling sophisticated litigation involving a broad range of legal issues, including securities, commodities, healthcare, and intellectual property matters.
Education & Credentials:
- Kirkland & Ellis - Partner, Government, Regulatory & Internal Investigations Practice Group
- United States Department of Justice - Assistant Attorney General, Criminal Division (2018-2020)
- Senate Judiciary Committee - Republican Staff Director
- House Judiciary Committee - Senior Attorney
- United States Senator Counsel - Counsel to a Senior United States Senator
Awards & Recognition: Recognized in Best Attorney USA since 2023 for Criminal Defense: White-Collar
Bar Admissions: District of Columbia, United States
