It's official: the Department of Justice Criminal Division has announced that it has retained Hui Chen as a full-time compliance expert, as of Nov. 3. She will report to Andrew Weissmann, Chief of the Fraud Section, and Dan Braun, acting chief of the strategy, policy, and training unit in the Fraud Section.
Among her duties as a consulting expert, Chen will provide expert guidance to Fraud Section prosecutors as they consider the enumerated factors in the U.S. Attorneys' Manual concerning the prosecution of companies, including the "existence of effectiveness of any compliance program that a company had in place at the time of the conduct, giving rise to the prospect of criminal charges," and whether the company had taken "meaningful, remedial action, such as the implementation of new compliance measures to detect and prevent future wrongdoing," the Justice Department said.
The Justice Department added that Chen will help prosecutors develop appropriate benchmarks for evaluating corporate compliance and remediation measures and communicating with stakeholders in setting those benchmarks. Relatedly, after a corporate resolution is reached requiring ongoing Fraud Section assessments of a company’s compliance and remediation efforts, Chen will provide expert guidance to help prosecutors and help monitors evaluate whether the implementation of such measures is effective and in keeping with the terms and purposes of Fraud Section resolutions.
Prior to starting on Nov. 3, Chen served as global head for anti-bribery and corruption at Standard Chartered Bank, where she initiated proactive international compliance reviews, as well as undertook efforts to strengthen compliance controls. Prior to her work at Standard Chartered, Chen served as assistant general counsel at Pfizer within its compliance division, where she conducted compliance investigations focusing on thecompany’s operations in Europe and Asia, and participated in reviews and investigations in Latin America and the Middle East. Prior to that, Chen held significant in-house and compliance positions at Microsoft in Beijing, New York, and Munich.