Barak Cohen
- Co-Chair, Regulated Gaming
- Washington, D.C.
- San Francisco
- Los Angeles
Barak represents companies and individuals, including Fortune 50 companies, senior corporate officers, and members of Congress, who face government enforcement actions and investigations.
A former U.S. Department of Justice prosecutor, Barak Cohen led dozens of white-collar investigations throughout the United States focusing on fraud, waste, abuse, and corruption issues that involved government contractors, legislators, senior members of the executive branch, senior U.S. Department of Defense, and intelligence officials, as well as others. His knowledge of the justice system informs his counsel to clients in matters including alleged foreign and domestic fraud and bribery, financial misconduct, antitrust offenses and bid rigging, tax crimes, false healthcare and government contracting claims, campaign finance and election crimes, and environmental crimes. Barak regularly counsels companies that do business with the government, such as technology companies, medical labs, medical device companies, and pharmaceutical companies. He is experienced in investigations regarding the False Claims Act (FCA), the Anti-Kickback Statute (AKS), and the Eliminating Kickbacks in Recovery Act (EKRA), as well as in investigations led by agency inspectors general.
Barak has also represented companies and individuals in sensitive domestic and international investigations involving corruption laws, such as the Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act. His work often involves political issues, including the enforcement of the Foreign Agents Registration Act (FARA), and the defense of public officials in matters involving election, conflict-of-interest, corruption, and ethics offenses. He has represented high-profile public officials, including multiple sitting members of Congress, in investigations regarding alleged campaign offenses and election crimes, as well as in state and federal ethics investigations.
Barak is a co-chair of the American Bar Association's (ABA) Public Corruption Sub-Committee. He is also a sitting board member of the International Association of Gaming Advisors (IAGA), and the Gaming vertical co-lead of the firm's Digital Media & Entertainment, Gaming & Sports industry group, where he helps oversee firm work involving investigations and litigation in regulated gaming. Barak also has significant litigation and investigations experience in the cannabis industry. He is the author of the ABA’s treatise on cannabis law, and is nationally recognized for his deep experience in the cannabis industry.
Chambers USA has praised Barak as a “fantastic lawyer” who “understands the nuance of situations and is effective at understanding the complexity and providing analysis of potential pitfalls," and also " has nice insight on what prosecutors care about and what will move the needle for thorny questions."
For his work in white-collar defense and investigations, Barak has also been recognized by Global Investigations Review, Best Lawyers in America, Expert Guides (Euromoney Institutional Investor’s Legal Media Group), "Rising Stars,” and Super Lawyers Magazine as a "Washington D.C. Super Lawyers.”
Prior to his career as a lawyer, Barak served as an infantry officer in the U.S. Army. He is the co-founder of Perkins Coie's Veterans Resource Group.
Areas of focus
Industries
Services
Education & Credentials
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
Bar and Court Admissions
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District of Columbia
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California
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Nebraska
Related Employment
- U.S. Department of Justice, Criminal Division, Washington, D.C., Trial Attorney, 2008-2014
- Zuckerman Spaeder LLP, 2006-2008
- Kirkland & Ellis LLP, 2003-2006
Clerkships
- Hon. Loren Smith, U.S. Court of Federal Claims
Professional Recognition
Listed in Chambers USA "America's Leading Lawyers" for Litigation: White-Collar Crime & Government Investigations, 2022-2024
Listed in Best Lawyers in America: Criminal Defense: White-Collar, 2020-2025
Listed in Expert Guides (Euromoney Institutional Investor’s Legal Media Group), "Rising Stars," 2015-2016
Listed in Super Lawyers Magazine as a "Washington D.C. Super Lawyers," for White Collar Crimes, 2015-2024
Recognized with three U.S. Department of Justice Special Achievement Awards, 2009-2013
Impact
Professional Leadership
- IAGA (International Association of Gaming Advisors), Board Member
- Public Corruption Subcommittee of the ABA’s Criminal Justice Committee, Co-Chair
- Kellogg School of Management, Northwestern University, Executive Leadership Program and Advanced Leadership Program
Community Involvement
- West Point Society of the District of Columbia, Member
Professional Experience
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 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 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.
