Professional Biography
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Barak Cohen Partner

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Overview

Experience

Cannabis/Hemp/CBD (cannabidiol)/CBG (cannabigerol) Industry

  • Co-wrote amicus brief on behalf of the National Cannabis Industry Association in Patients Mutual Assistance Collective Corporation d.b.a. Harborside Health Center v. Commissioner of Internal Revenue, the landmark appeal of a marijuana medical dispensary before the U.S. Court of Appeals for the Ninth Circuit of Section 280E of the Internal Revenue Code, which prevents marijuana businesses from deducting business expenses.
  • Providing regulatory and compliance counsel to Cookies, one of North America’s leading cannabis brands.
  • Conducted an internal investigation for a recreational/medical cannabis dispensary in California.

  • Advised and am currently advising multiple companies that want to develop or already have developed technology to support the cannabis/hemp/CBD industries with respect to beverages, food additives, and pharmaceuticals. These include the North American subsidiary of a multinational equipment manufacturer based in Europe, and a European multinational seeking to do business in North America.

  • Advised one of the largest payment processors in the credit card payment industry regarding processing cannabis fees.

  • Advised a multinational food and beverage company regarding the CBD industry.

  • Representing a multinational company that is exploring providing cloud-based human resources support to the cannabis industry.

  • Advised real estate and construction companies seeking to do business with the cannabis industry.

  • Advised private equity regarding investment in the industry.

  • Advised Caliva, a marijuana dispensary in California, which Business Insider has described as the best dispensary in the United States.

  • Advised web-based advertising platforms regarding the cannabis industry.

  • Conducting due diligence relating to pet food company.

Government Investigations and Litigation

  • Representing foreign national in counter-intelligence investigation by the U.S. Attorney for the Southern District of New York relating to alleged violation of the Foreign Agents Registration Act (FARA).

  • Represented client in post-trial criminal proceedings against the U.S. Department of Justice relating to alleged violations of the International Economic Emergency Powers Act (IEEPA) with Iran, resulting in the dismissal of the client’s jury conviction.
  • Represented a witness in a federal grand jury investigation by the U.S. Department of Justice and the Criminal Investigative Division of the Environmental Protection Agency regarding alleged violations of the Clean Air Act in the automotive industry.
  • Represented multiple individuals in litigation stemming from an investigation into mortgage lending practices by the Consumer Finance Protection Bureau (CFPB).
  • Successfully prevented prosecutors from charging the head of production at a television production company in a federal grand jury investigation involving alleged criminal antitrust violations and bid-rigging in the advertising industry.
  • Successfully prevented the government from prosecuting a C-suite corporate officer in a parallel U.S. Department of Justice/Securities Exchange Commission investigation involving alleged payments to a government official in Saudi Arabia in violation of the FCPA.
  • Represented a multinational chemical conglomerate in what has been viewed as one of the U.S. Department of Justice’s largest environmental criminal prosecutions to date.
  • Represented a major plaintiff’s class action law firm in a parallel grand jury investigation/criminal prosecution related to allegations of fraud.
  • Representing the owners of the “Bahia Emerald,” one of the world’s largest and most valuable gems, in forfeiture proceedings brought by the government of Brazil and the U.S. Department of Justice, in a case that has been closely monitored by news media and international lawyers.

Internal Investigations and Compliance

  • Representing multinational company in an internal investigation relating to Office of Foreign Asset and Controls (OFAC) export sanctions involving trade with businesses in Crimea and Ukraine.
  • Represented multinational technology corporation in an internal investigation in Russia involving allegations of commercial bribery and bribery of government officials, anti-competitive practices, and theft of trade secrets.
  • Representing the U.S. Department of Justice/Securities and Exchange Commission-appointed Corporate Monitor of a large multinational to oversee its compliance reforms in connection with FCPA bribery, internal controls, and books and records issues.
  • Representing financial payment processor in internal investigation involving fraud and improper revenue recognition.
  • Representing a world-ranked athlete in negotiations with the International Tennis Federation (ITF) and the World Anti-Doping Agency (WADA) regarding anti-doping testing.

Public Corruption, Conflicts-of-Interest, Campaign Finance, and Election Crimes

  • Represented multiple sitting members of U.S. Congress in federal criminal investigations regarding federal campaign contributions, and use of campaign funds and official resources.
  • Represented voter registration organization in a state investigation regarding allegedly illegal registration practices, resulting in the organization avoiding criminal charges.
  • Representing voter registration organization in ongoing federal and state investigations regarding allegedly illegal registration practices.
  • Obtained a favorable settlement with the U.S. Department of Justice on behalf of a former commissioner for the Broadcasting Board of Governors (the former independent U.S. government agency that supervises Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcast Networks, and Radio y Television Martí). The settlement, which related to alleged improper ethics filings, avoided a potential lawsuit that could have resulted in severe reputational and financial damage to the client, and was for an amount that was roughly one third of the amount sought by the Department of Justice. Additionally, there was no admission of liability.
  • Represented a senior government official in a grand jury investigation in the U.S. District Court for the Middle District of Pennsylvania by the U.S. Department of Justice and an agency Office of Inspector General relating to alleged conflicts-of-interest, resulting in no charges and closure of the criminal investigation.
  • Successfully represented a lawyer at trial in the U.S. District Court for the Eastern District of Pennsylvania in a case brought by the U.S. Department of Justice involving allegations that attorney-client communications helped facilitate a violation of federal election law.

  • Appellate counsel on behalf of the National Association of Criminal Defense Lawyers as amicus curiae before the U.S. Court of Appeals for the District of Columbia Circuit in United States v. Valdes, the successful challenge to the conviction of a public official for the alleged receipt of illegal gratuities.

  • Represented a witness in the U.S. Department of Justice criminal investigation of former Washington, D.C., mayor Vincent C. Gray for alleged violations of the election laws.

  • Represented a defense industry executive in an investigation involving the criminal laws relating to post-government employment and conflicts-of-interest, resolving the matter without charges or penalties.

  • Represented Baltimore mayoral candidate in a campaign finance investigation by the Maryland Office of the State Prosecutor, resulting in the investigation’s closing with no charges.

  • Represented a client in the investigation of a sitting governor by the U.S. Department of Justice in the U.S. District Court for the District of Connecticut.

Healthcare

  • Represented True Health Diagnostics, LLC with respect to allegations of fraud relating to Medicare and Medicaid payments under investigation by the U.S. Department of Justice.
  • Representing medical testing lab in an investigation by the Office of the U.S. Attorney for the District of Massachusetts relating to allegedly false claims and kickbacks.
  • Representing medical device company in an investigation by the Office of the U.S. Attorney for the Eastern District of Pennsylvania relating to allegedly false claims and kickbacks.
  • Representing a drug/medical-device manufacturer under investigation by the U.S. Department of Justice for alleged violations of the False Claims Act involving off-label promotion, safety concerns, and improper attempts to secure Food and Drug Administration approval.
  • Represented a pharmacy in a disciplinary hearing by state Board of Pharmacy, resulting in no charges or penalties.

Workplace Harassment

  • Representation of a state delegate in a matter brought by the state assembly regarding allegations that the delegate harassed state employees.
  • Represented key witness before state legislature regarding allegations of sexual assault.

Legislative Investigations

  • Represented clients before investigative committees of various state legislatures.

News

Insights

RELATED INFORMATION

Bar and Court Admissions

  • District of Columbia
  • California
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of Nebraska
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Federal Claims

Education

  • Georgetown University Law Center, J.D., Dean's List, 2002
  • Georgetown University, M.A., National Security Studies, 1997
  • United States Military Academy, West Point, B.S., Literature / Systems Engineering, 1992

Highlights

Bio In Other Languages

Simplified Chinese Bio | 中文简体