Brian A. Benczkowski is a partner in the Washington, D.C., office of Kirkland & Ellis LLP whose practice focuses on litigation and white collar criminal defense, including government and internal investigations. He has over 10 years of diverse public service experience in the federal government, including key leadership positions both in the U.S. Department of Justice and on Capitol Hill.
Brian has represented corporations and individuals in criminal and administrative investigations involving a wide range of allegations, including health care fraud, environmental enforcement, and campaign finance. He also has led internal investigations on behalf of companies and their boards of directors in a variety of matters. Brian also has represented corporations and individuals in congressional investigations matters, including preparing senior executives for hearing testimony and negotiating and responding to information and document requests. He has been described by the publication Politico as a Washington lawyer often brought in to lead "in a moment of tumult" and for being a "reasonable, fair, and effective" bipartisan advocate.
Prior to joining Kirkland in 2010, Brian served as the Republican Staff Director for the Committee on the Judiciary of the U.S. Senate, where he was the top advisor and strategist to Republican members of the committee for legislative, oversight and nominations matters. Previously, Brian was the Chief of Staff for the Office of the Attorney General and the Office of the Deputy Attorney General. As the principal legal, policy and political advisor to the two senior leaders of the Department of Justice, he was responsible for overall direction of the Department, including operational, policy and public relations efforts.
Brian also served as Principal Deputy Assistant Attorney General for Legislative Affairs, where he managed DOJ's relationship with Congress. During this time, he was responsible for directing the Department's response to congressional investigations and requests for information and documents, and preparing numerous witnesses and nominees for testimony before Congress.
Represented an international pharmaceutical company in a health care fraud investigation conducted by federal and state enforcement agencies involving allegations of off-label promotion, improper sales and marketing practices, and alleged violations of the Anti-Kickback Statute and False Claims Act.
Represented a multinational energy company in investigations by the United States Department of Justice and other federal and state enforcement agencies related to a major industrial and environmental accident in the Gulf of Mexico.
Counsel for hybrid automobile manufacturer and its co-founder in an investigation and hearings before the U.S. House of Representatives Committee on Oversight and Government Reform into loans made by the Department of Energy under its Advanced Technology Vehicles Manufacturing (ATVM) loan program.
Counsel for an energy company and its CEO in an investigation and hearings before the U.S. House of Representatives Committee on Oversight and Government Reform into loan guarantees provided to alternative energy companies under section 1705 of the Energy Policy Act of 2005 and the American Recovery and Reinvestment Act of 2009.
Counsel for an energy drink manufacturer in an investigation and hearings before the U.S. Senate Committee on Commerce, Science and Transportation into the sales and marketing practices of the energy drink industry.
Represented a retired special agent of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in investigations by the U.S. House of Representatives Committee on Oversight and Government Reform and the United States Department of Justice Office of Inspector General into ATF law enforcement activities related to "Operation Fast and Furious."
Counsel for a large insurance association in connection with investigations by the U.S. House of Representatives Committee on Energy and Commerce into the enactment and implementation of the Patient Protection and Affordable Care Act.
Represented a for-profit university in an investigation by the United States Senate Committee on Health, Education, Labor and Pensions (HELP) into the practices of the for-profit education sector.
Legal Times/National Law Journal "Champion of the Washington DC Legal Community" (2009)
The John Marshall Award for Excellence in Preparing and Handling Legislation, Department of Justice (2008)
The Attorney General's Award for Distinguished Service, Department of Justice (2003)