Barak Cohen
Barak Cohen

Barak Cohen

Partner

Washington DC | San Francisco

202.654.6337
barak.cohen@ashurstperkins.com

Introduction

Barak represents companies and individuals, including Fortune 50 companies, senior corporate officers, and members of Congress, in government enforcement actions and investigations.

A former U.S. Department of Justice (DOJ) prosecutor, Barak Cohen has led dozens of white-collar investigations focusing on fraud, waste, abuse, and corruption issues involving multinational companies and other companies that do business with the government in highly regulated industries, including leading technology companies, medical labs, medical device companies, and pharmaceutical companies. He has also represented legislators and senior members of the executive branch. His knowledge of the justice system informs his counsel in matters including alleged foreign and domestic fraud and bribery, financial misconduct, antitrust offenses and bid rigging, tax crimes, and false healthcare and government contracting claims. Much of Barak’s most recent work has involved the DOJ Antitrust Division’s Procurement Collusion Task Force. He also has experience in matters that involve the False Claims Act, the Anti-Kickback Statute, the Foreign Corrupt Practices Act, and the U.K. Bribery Act, as well as numerous other U.S. and international anti-corruption laws. He also has knowledge in criminal defense involving sensitive political issues, including the enforcement of the Foreign Agents Registration Act and the defense of high-profile public officials, including members of Congress, in matters involving election, conflict-of-interest, corruption, and ethics offenses.  

Barak is 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 and the gaming vertical co-lead of Ashurst Perkin Coie’s Digital Media & Entertainment, Gaming & Sports industry group. Barak also has litigation and investigation experience in the cannabis industry and is the author of the ABA’s treatise on cannabis law. 

Chambers USA has praised Barak as a “fantastic lawyer” who “is always calm under pressure. Nothing fazes him, and as a result, he can very calmly steer the ship.” Chambers USA has also noted that he “is effective at understanding the complexity and providing analysis of potential pitfalls,” and “has nice insight on what prosecutors care about and what will move the needle for thorny questions.”  

Prior to his career as a lawyer, Barak served as an infantry officer in the U.S. Army. He is also the co-founder of Ashurst Perkins Coie's Veterans Resource Group. 

Education & credentials

  • 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
  • District of Columbia
  • 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
  • U.S. Department of Justice, Criminal Division, Washington, D.C., Trial Attorney, 2008-2014
  • Zuckerman Spaeder LLP, 2006-2008
  • Kirkland & Ellis LLP, 2003-2006
  • Hon. Loren SmithU.S. Court of Federal Claims

Professional recognition

  • Listed in Chambers USA "America's Leading Lawyers" for Litigation: White-Collar Crime & Government Investigations, 2022-2026

  • Listed in Best Lawyers in America: Criminal Defense: White-Collar, 2020-2026

  • 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

  • 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
  • West Point Society of the District of Columbia, Member
  • 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.
  • 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.
  • 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.

 

  • Represented clients before investigative committees of various state legislatures.
  • 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.
  • 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.

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