Professional Biography

Barak Cohen Partner

Litigation Lead, Washington, D.C.

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OVERVIEW

EXPERIENCE

Experience

Representative Experience

Healthcare

  • 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.

Federal Criminal Investigations and Litigation

  • Representing 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.
  • 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 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.

Internal Investigations and Compliance

  • 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 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 Offenses

  • Appellate counsel on behalf of the National Association of Criminal Defense Lawyers as amicus curiae before the United States 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, DC 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.

NEWS

PUBLICATIONS & PRESENTATIONS

RELATED INFORMATION

Areas of Focus

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