Yesterday, the DOJ announced that Brian Benczkowski (Assistant Attorney General of the Criminal Division) will leave the DOJ next month.
According to the DOJ’s release: “Throughout Benczkowski’s tenure, the division has announced an array of policies and guidance geared towards promoting transparency in white-collar enforcement, including: (1) the division’s “Evaluation of Corporate Compliance Program” Guidance, (2) the division’s Monitorship Memo, (3) the Department’s Inability to Pay Guidance, (4) revisions to the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (CEP), and (5) the FCPA Unit’s publication of CEP declination letters online. Driving these efforts has been the view that greater transparency in how prosecutors apply standards and criteria to cases will make investigations more efficient and outcomes fairer and more consistent.”
For FCPA Professor coverage of Benczkowski:
- See here titled “Assistant Attorney General Benczkowski On Corporate Compliance And His Odd Use Of The Term “Deterrence”
- here titled “Assistant Attorney General Benczkowski On … With Rebuttal Points”
- here titled “Assistant Attorney General Benczkowski Speaks On A Variety Of FCPA Topics”
- here titled “Assistant AG Benczkowski Announces That The DOJ Has Ditched The “Shortsighted” Compliance Counsel Position And Announces A New Corporate Monitor Policy”
- here titled “DOJ Releases Memo Titled “Evaluating A Business Organization’s Inability To Pay A Criminal Fine Or Criminal Monetary Penalty” and
- here titled “More on the DOJ’s New Monitor Policy”
The DOJ release further states:
“During Benczkowski’s tenure as Assistant Attorney General, the Criminal Division has placed a renewed emphasis on exploring the use of data analytics in targeting for criminal investigations and prosecutions. The division has expanded its in-house data analytics support team and made critical investments in data analytics to help ensure that prosecutors are fully leveraging the use of data and statistics to build cases.”
