Barak Cohen
- Washington, D.C.
- San Francisco
- Los Angeles
Barak is a partner in the White Collar & Investigations practice. Additionally, he is the Gaming vertical co-lead of the firm's Digital Media & Entertainment, Gaming & Sports industry group.
Barak Cohen represents clients facing government enforcement actions and investigations in highly regulated industries. He also represents clients in the regulated gaming industry in litigation and investigation matters.
A former U.S. Department of Justice prosecutor, Barak led numerous white-collar investigations throughout the United States. His knowledge of the justice system informs his counsel to clients in matters including alleged foreign and domestic fraud and bribery, financial misconduct, tax crimes, false healthcare and government contracting claims, campaign finance and election crimes, antitrust 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 multinational companies in sensitive international investigations involving corruptions laws, such as the Foreign Corrupt Practices Act (FCPA) and the U.K. Bribery Act. His work often involves political issues, such as 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.
The founder and co-chair of the firms Cannabis industry group, Barak advises cannabis industry clients of all sizes on marijuana, CBD (cannabidiol), CBG (cannabigerol), and hemp products and services matters. He works at the intersection of various industries, ranging from e-commerce and technology platforms that facilitate cannabis transactions, to product-handling dispensaries and brands. A member of the board of directors of the U.S. Cannabis Council and a vice-chair of the ABA's Cannabis Law Sub-Committee, he edited and co-authored the first-of-its-kind treatise, Cannabis Law: A Primer on Federal and State Law Regarding Marijuana, Hemp, and CBD, published by the ABA in February 2021.
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.
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; Cannabis Law: Eastern United States, 2021-2024
Listed in Best Lawyers in America: Criminal Defense: White-Collar, 2020-2024
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
- United States Cannabis Council (USCC) Board of Directors, Member
- ABA Committee on Cannabis Law and Policy, Vice-Chair
- National Cannabis Industry Association Policy Council, Former Member
- Public Corruption Subcommittee of the ABA’s Criminal Justice Committee, Co-Chair
- Edward Bennett Williams American Inn of Court, Member
- American Bar Association, Member
- District of Columbia Bar Association, Member
- Kellogg School of Management, Northwestern University, Executive Leadership Program and Advanced Leadership Program
- Kellogg School of Management, Northwestern University, Executive Leadership Program and Advanced Leadership Program
Community Involvement
- The Barristers
- West Point Society of the District of Columbia, Member
- Wounded Warrior Mentor Program, Volunteer
Insights
News
Professional 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.