Barak Cohen
- Washington, D.C.
- San Francisco
- Los Angeles
Notice
Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.
Barak Cohen 律师代表公司和个人(包括《财富》50 强企业、高级公司高管以及国会议员)处理政府执法行动与调查事宜,包括跨境及国际调查。
前美国司法部检察官 Barak Cohen 曾在全美领导数十起白领犯罪调查,重点聚焦涉及政府承包商、立法者、行政部门高级官员、美国国防部及情报体系高级官员等在内的欺诈、浪费、滥用与腐败问题。他对司法体系的深刻理解为其向客户提供法律咨询奠定了基础,涵盖涉嫌境外与境内的欺诈与贿赂、金融不当行为、反垄断违法与围标、税务犯罪、虚假医疗与政府合同行为、竞选资金与选举犯罪以及环境犯罪等领域。Barak 经常为与政府开展业务的公司提供咨询,例如科技公司、医学实验室、医疗器械公司与制药公司。他在涉及《虚假申报法》(False Claims Act,FCA)、《反回扣法》(Anti-Kickback Statute,AKS)与《消除恢复回扣法》(Eliminating Kickbacks in Recovery Act,EKRA)的调查方面具备丰富经验,并长期处理由各机构监察长主导的调查。
Barak 亦曾代理公司与个人处理涉及反腐败法律的敏感境内外调查事宜,例如《海外反腐败法》(Foreign Corrupt Practices Act,FCPA)与《英国反贿赂法》。其工作常涉及政治敏感问题,包括《外国代理人登记法》(Foreign Agents Registration Act,FARA)的执法,以及在涉及选举、利益冲突、腐败与道德规范等违法事项中为公职人员提供辩护。他曾为多名现任联邦国会议员在涉嫌竞选违法与选举犯罪的调查中提供代理,并处理州与联邦层面的道德合规调查。
Barak 现任美国律师协会(American Bar Association,ABA)公职腐败分委会联合主席。此外,他担任国际博彩顾问协会(International Association of Gaming Advisors,IAGA)现任董事会成员,并在本所数字媒体与娱乐、游戏与体育行业组中担任“游戏”垂直领域的联合负责人,协助统筹涉及受监管博彩领域的调查与诉讼相关工作。Barak 亦在大麻产业的诉讼与调查方面拥有丰富经验。他是 ABA 大麻法律专著的作者,并因其在大麻产业的深厚经验而获得全美范围认可。
《钱伯斯美国》(Chambers USA)称赞 Barak 为“一位出色的律师”,指出他“理解情境的细微差别,能够有效把握复杂性并对潜在风险提供分析”,并评价他“对检察官关注点有独到见解,能够就棘手问题提出真正具有推动力的意见”。
在白领辩护与调查领域的工作方面,Barak 亦获得《全球调查评论》(Global Investigations Review)、《美国最佳律师》(Best Lawyers in America)、《专家指南》(Expert Guides,隶属于 Euromoney Institutional Investor 的 Legal Media Group)“Rising Stars”,以及《超级律师》杂志的“华盛顿特区超级律师(Washington, D.C. Super Lawyers)”等荣誉与认可。
在成为律师之前,Barak 曾在美国陆军担任步兵军官。他是博钦退伍军人资源小组的联合创始人。
重点领域
行业
服务
教育与证书
教育
- 乔治城大学法律中心, J.D., 院长名单(Dean's List)荣誉, 2002
- 乔治城大学, M.A., 国家安全研究硕士, 1997
- 美国西点军校, Bachelor of Science, 文学/系统工程, 1992
律师和法庭资格
-
美国华盛顿哥伦比亚特区
-
美国加利福尼亚州
- 美国哥伦比亚特区巡回上诉法院
- 美国第十巡回上诉法院
- 美国第九巡回上诉法院
- 美国第五巡回上诉法院
- 美国联邦索赔法院
- 美国内布拉斯加州联邦地区法院
- 美国哥伦比亚特区联邦地区法院
相关工作经历
- 美国司法部刑事司,华盛顿特区,出庭律师,2008 - 2014
- Zuckerman Spaeder LLP, 2006 - 2008
- 凯易律师事务所 (Kirkland & Ellis LLP),2003 - 2006
法院实习
- 联邦索赔法院
专业认可
入选《钱伯斯美国》“美国领先律师”名录(诉讼:白领犯罪与政府调查),2022–2025
入选《美国最佳律师:刑事辩护:白领》,2020-2026
被《专家指南》(欧洲货币机构投资者的法律媒体小组)评为“明日之星”(Rising Stars),2015-2016
入选华盛顿特区超级律师,白领犯罪,2015-2024
荣获三项美国司法部特别成就奖,2009-2013
影响力
专业领导力
- IAGA (国际博彩顾问协会)董事会成员
- ABA 刑事司法委员会公共腐败小组委员会联合主席
- 西北大学凯洛格管理学院,高管领导力及高级领导力培训项目
社区服务
- 哥伦比亚特区西点协会,成员
代理经验
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.