Jonathan R. Barr

Partner

Washington, D.C.
T 202.861.1534  |  F 202.861.1783

A former Assistant U. S. Attorney, Department of Justice Fraud Section Trial Attorney and Securities and Exchange Commission Senior Counsel, Jon Barr is a seasoned advocate who vigorously defends and advises public companies, corporate executives, and individuals in white collar criminal and SEC enforcement matters. With more than twenty years of experience in government investigations, Jon is regularly retained by corporations and executive management to conduct internal investigations into whether FCPA or other violations have occurred, to provide advice during investigations and to advise clients on remedial measures, compliance programs, and training. Jon's engagements include representing clients in investigations involving the FCPA, complex accounting and securities issues, market manipulation restrictions, insider trading restrictions, healthcare law issues, off label drug marketing restrictions, the Federal Anti-Kickback Statute, the False Claims Act, Commodity Exchange Act, government contracting and procurement issues, general fraud issues, antitrust price fixing, and export control restrictions.

Jon's skill as a lawyer has been recognized by his inclusion in 2013 and 2014 editions of The Best Lawyers in America® and by his designation as a "Super Lawyer" in Washington, D.C. since 2012. The Securities Docket named Jon to its "Enforcement 40 for 2013," which is Securities Docket's list of the 40 top securities enforcement defense lawyers in the country. Jon has also been rated AV Preeminent®, the highest peer review rating available, in the Martindale-Hubbell register for lawyers.

Select Experience

  • Jon was a lead lawyer in the complex representation of a former London-based JP Morgan managing director whose cooperation was sought in investigations related to a multibillion-dollar trading loss for the bank. In order to effectively represent the client, Jon developed an understanding of complicated credit derivative instruments. Through the mastery of complex facts, the application of government investigations experience, and a multidisciplinary approach, Jon and the team developed a strategy to navigate the client through parallel U.S. investigations. The team secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Represented clients in Foreign Corrupt Practices Act (FCPA) investigations relating to Eastern Europe, Russia, India, Southeast Asia, Brazil, and China. 
  • Conducted internal investigations for publicly traded and non-publicly traded corporations concerning issues related to export control laws, the FCPA, immigration laws, and the False Claims Act.
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Experience

  • Jon was a lead lawyer in the complex representation of a former London-based JP Morgan managing director whose cooperation was sought in investigations related to a multibillion-dollar trading loss for the bank. In order to effectively represent the client, Jon developed an understanding of complicated credit derivative instruments. Through the mastery of complex facts, the application of government investigations experience, and a multidisciplinary approach, Jon and the team developed a strategy to navigate the client through parallel U.S. investigations. The team secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Represented clients in Foreign Corrupt Practices Act (FCPA) investigations relating to Eastern Europe, Russia, India, Southeast Asia, Brazil, and China. 
  • Conducted internal investigations for publicly traded and non-publicly traded corporations concerning issues related to export control laws, the FCPA, immigration laws, and the False Claims Act.
  • Represented corporations in making voluntary disclosures to the U.S. Government, including the State Department, the Department of Commerce, the Department of Justice, and the Securities and Exchange Commission. 
  • Represented individuals in a high-profile public corruption investigation related to Senator Ensign conducted by the Department of Justice, and in a parallel Senate Ethics Committee investigation.
  • Represented individual in high-profile investigation related to Pennsylvania State University.
  • Represented a large manufacturer in a criminal customs investigation concerning allegations of false statements to the government and the evasion of customs duties in which a search warrant was executed on the client's premises. 
  • Represented a corporation in a criminal immigration investigation in which ICE agents executed a raid. 
  • Represented an officer of a publicly traded corporation in a Martin Act investigation conducted by the New York Attorney General's Office concerning insider trading issues.
  • Represented sales persons, a regional sales manager, and an executive of a large pharmaceutical company in parallel criminal and civil off-label marketing, kickback, and False Claims Act investigations.
  • Represented physicians in Department of Justice civil False Claims Act investigation initiated as a result of a qui tam complaint.    
  • Represented a tax payer in U.S. Department of Justice criminal tax investigation involving offshore account/FBAR issues. 
  • Represented the Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act in connection with one of the largest financial frauds in recorded history. Jon has been a member of the legal teams working on the bad faith avoidance actions in the global investigations and litigation matters in worldwide asset recovery.
  • Part of team which represented John J. Carney, the court appointed Receiver of the Michael Kenwood Group, LLC, in SEC v. Illarramendi, et al., 3:11-CV-0078 (D.Conn). In this case arising from a Ponzi scheme, Jon was responsible for supervising the investigation and recovery of assets misappropriated through purported hedge funds operated by the principles of the Michael Kenwood Group for ultimate distribution to the defrauded victims.
Prior Experience
  • Served for more than 15 years with the Department of Justice and the U.S. Securities and Exchange Commission's Division of Enforcement. Jon's eight and a half year tenure with the DOJ included experience as an Assistant U.S. Attorney in the District of Columbia and as a Trial Attorney in the Department of Justice Fraud Section. Jon also served as a Special Assistant United States Attorney in the Eastern District of Virginia. As a federal prosecutor, Jon tried jury and bench trials, and successfully handled numerous hearings, motions arguments, and sentencings.  
  • Served as Assistant U.S. Attorney in the Fraud and Public Corruption Section of the U.S. Attorney's Office for the District of Columbia for five years. Focused on investigating and prosecuting corporate and securities fraud violations. Prosecuted criminal securities fraud violations, including market manipulation schemes and insider trading.
  • In United States v. Roderic L. Boling, Jon prosecuted a first-of-its-kind voicemail pump and dump securities fraud scheme, in which fraudulent voicemails were utilized to induce investors throughout the United States to purchase shares of more than five publicly traded companies.
  • In United States v. Eric Tsao, Jon successfully prosecuted a scientist and corporate executive of a major pharmaceutical company for insider trading and perjury.
  • As the Office's Corporate and Securities Fraud Coordinator, Jon advised the U.S. Attorney on high profile corporate fraud investigations, coordinated the Office's Corporate and Securities Fraud Program, served on the interagency Securities and Commodities Fraud Working Group, and acted as the Office's primary liaison with the SEC. In addition, Jon conducted public corruption investigations, prosecuted general white collar fraud cases, and prosecuted a case involving criminal tax violations.
  • As a DOJ Trial Attorney, Jon prosecuted securities, mail, wire, commodities, and health care fraud violations, as well as cases involving money laundering violations. 
  • In United States v. Idania Arias, Jon served as co-counsel in one of the largest multi-defendant Medicare fraud conspiracy prosecutions during that time period in the Southern District of Florida. Jon received the prestigious Director's Award from the Department of Justice's Executive Office of United States Attorneys and an Inspector General's Integrity Award from the Department of Health and Human Services for his work in prosecuting Medicare fraud in United States v. Idania Arias.
  • Served as a Senior Counsel at the Securities and Exchange Commission's Division of Enforcement in Washington, D.C., for more than six and a half years. In that role, Jon investigated and litigated violations of the federal securities laws with a particular emphasis on complex financial fraud, insider trading, and market manipulation.

Recognitions

  • Securities Docket: Enforcement 40 for 2013
  • The Best Lawyers in America© (2013 to 2015)
    • Washington, D.C.: Criminal Defense: White-Collar
  • Washington, D.C. "Super Lawyer" (2012 to 2014)
  • Martindale-Hubbell: AV Preeminent
  • Executive Office of United States Attorneys: Director's Award
  • Department of Health and Human Services: Inspector General's Integrity Award
  • SEC Director of Enforcement: Letter of Commendation
  • DOJ Special Achievement and Meritorious Service Awards

Memberships

  • Edward Bennett Williams Inn of Court (Washington, D.C.)
  • Barristers

Services

Prior Positions

  • Department of Justice
    • Assistant United States Attorney, Fraud and Public Corruption Section, Office of the U.S. Attorney for the District of Columbia (2002 to 2008)
    • Trial Attorney, Department of Justice, Criminal Division--Fraud Section
    • Special Assistant United States Attorney, Office of the U.S. Attorney for the Eastern District of Virginia
  • U.S. Securities and Exchange Commission: Division of Enforcement
    • Senior Counsel and Staff Attorney
  • Vinson & Elkins LLP: Associate
  • Judicial Law Clerk for the late Federal District Court Judge Morey L. Sear in the Eastern District of Louisiana

Admissions

  • U.S. Supreme Court, 2004
  • U.S. Court of Appeals, Fourth Circuit, 1991
  • U.S. District Court, District of Columbia, 2011
  • Virginia, 1990
  • District of Columbia, 1993

Education

  • J.D., University of Virginia School of Law, 1990, Order of the Coif
  • B.A., Economics and History, University of Virginia, 1987