Barak Cohen is the chair of the Commercial Litigation practice in the firm’s Washington, D.C. office, and a partner in the firm’s White Collar & Investigations practice. Barak represents companies and individuals in criminal and government enforcement matters before law-enforcement authorities and regulatory agencies, and in civil litigation. He also utilizes his experience as a federal prosecutor in the U.S. Department of Justice main component in Washington, D.C. to conduct internal investigations and provide compliance advice.
His recent work has focused on False Claims Act allegations relating to off-label promotion of drugs and medical devices, the Foreign Corrupt Practices Act (FCPA), criminal trade secrets and criminal antitrust offenses. As an experienced litigator, he has tried white-collar criminal matters before juries throughout the United States. These cases have involved allegations of fraud, public corruption, money laundering, tax offenses, conflicts-of-interest and bribery. National news media regularly call on Barak to provide commentary and insight regarding current legal issues, and he has guest lectured on criminal justice at Harvard University.
Public and Private Sector Experience
Barak previously served as a prosecutor in the U.S. Department of Justice’s Public Integrity Section, where he investigated, prosecuted and tried white-collar criminal offenses involving public corruption on a national level. In jurisdictions throughout the country, he tried numerous cases to verdict before juries, argued and drafted appeals and complex motions, and managed sensitive grand-jury investigations that necessitated coordinating multiple law-enforcement agencies and government regulators. His investigations typically involved allegations of fraud, tax offenses, money laundering, illegal contributions to electoral campaigns, government conflicts-of-interest and bribery. These allegations often concerned high-profile figures, such as presidential appointees, senior defense officials, government contractors, judges, legislators, lobbyists and political aides.
Before serving in the Public Integrity Section, Barak prosecuted cybercrimes, and he has extensive experience interacting with internet service providers with respect to the Electronic Communications Privacy Act (ECPA). He also was detailed to the FBI’s Cyber Division, and he instructed prosecutors and law-enforcement agents regarding privacy law and the search-and-seizure of internet and computer evidence. As a cybercrime prosecutor, Barak examined and cross-examined internet and computer forensic experts at trial, and he presented persuasive and understandable arguments and evidence relating to complex high technology.
For his work as a prosecutor, the U.S. Department of Justice recognized Barak with multiple Special Achievement Awards and incentive bonuses.
Distinguished Military Service
Before becoming a lawyer, Barak graduated from the U.S. Military Academy at West Point. After being commissioned as a U.S. Army infantry officer and graduating from the U.S. Army’s Ranger School, he led two platoons in the 18th Airborne Corps’ 24th Infantry Division (Mechanized), then the nation’s sole rapidly deployable mechanized unit, through numerous deployments, including operations along the Iraqi border.
Barak was later selected to serve on the regimental staff of The Old Guard, the U.S. Army’s Presidential escort and ceremonial unit, where he rose to the rank of captain. Prior to law school, Barak earned an M.A. in National Security Studies from Georgetown University’s Edmund A. Walsh School of Foreign Service, and served as a defense policy consultant in the private sector.
- Listed in Expert Guides (Euromoney Institutional Investor’s Legal Media Group), "Rising Stars," 2015 - 2016
- Listed in Washington D.C. Super Lawyers, White Collar Crimes, 2015 - 2016
- Recognized with three U.S. Department of Justice Special Achievement Awards, 2009 - 2013
- Edward Bennett Williams American Inn of Court, Member
- American Bar Association, Member
- District of Columbia Bar Association, Member
- The Barristers
- West Point Society of the District of Columbia, Member
- Wounded Warrior Mentor Program, Volunteer
- U.S. Department of Justice, Criminal Division, Washington, D.C., Trial Attorney, 2008 - 2014
Hon. Loren Smith, U.S. Court of Federal Claims, 2002 - 2003