Jonathan R. Barr

Partner

Washington, D.C.
T 202.861.1534  |  F 202.861.1783

Jon Barr, a former federal prosecutor and a former Senior Counsel at the United States Securities and Exchange Commission's Division of Enforcement, focuses his practice in the following areas:

  • Representation of public companies, private companies and individuals in regulatory and white collar criminal matters; 
  • Securities regulatory enforcement and litigation defense; 
  • Foreign Corrupt Practices Act compliance and defense; 
  • Healthcare enforcement and defense; 
  • Internal investigations; and 
  • Complex litigation.

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

Jon has conducted internal investigations, advised on Foreign Corrupt Practice Act (FCPA) compliance and represented clients in connection with criminal and regulatory investigations conducted by the U.S. Department of Justice, the Securities and Exchange Commission's Division of Enforcement, U.S. Attorney's Offices, the New York Attorney General’s Office, the Department of Justice’s Antitrust Division, the Department of Commerce, the Department of Homeland Security and the Federal Bureau of Investigation. Jon has represented clients in investigations involving the Foreign Corrupt Practices Act, complex accounting and securities law issues, insider trading restrictions, healthcare law issues, off label drug marketing restrictions, the Federal Anti-Kickback Statute, the False Claims Act, government contracting and procurement issues, antitrust price fixing, export control restrictions, customs law and immigration law.

Select Experience

  • 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 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. Declination of prosecution was secured from the responsible U.S. Attorney's Office.
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Experience

  • 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 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. Declination of prosecution was secured from the responsible U.S. Attorney's Office. 
  • Represented a corporation in a criminal immigration investigation in which ICE agents executed a raid. 
  • Secured a declination of prosecution from the responsible U.S. Attorney's Office. 
  • Represented individuals in a high profile public corruption investigation conducted by the Department of Justice, and in a parallel Senate Ethics Committee investigation. 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.
  • Currently part of a team representing 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 is 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.
Experience Prior to Joining BakerHostetler
  • 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 at the Department of Justice includes experience as an Assistant U.S. Attorney in the District of Columbia and a Trial Attorney in the Department of Justice’s Fraud Section. Jon also served a term as a Special Assistant United States Attorney in the Eastern District of Virginia. As a federal prosecutor and seasoned courtroom advocate, Jon tried jury and bench trials, drafted appellate briefs and successfully handled numerous hearings and motions arguments. Jon was a Senior Counsel at the SEC's Division of Enforcement for more than six-and-a-half years.
  • From 2002 to 2008, served as an Assistant U.S. Attorney in the Fraud and Public Corruption Section of the U.S. Attorney's Office for the District of Columbia. At the U.S. Attorney's office, Jon focused on investigating and prosecuting corporate and securities fraud violations. He successfully prosecuted numerous 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 and served as the Office’s primary liaison with the SEC. In addition, Jon conducted public corruption investigations and prosecuted a case involving criminal tax violations.
  • Prior to serving as an Assistant U.S. Attorney, was a Trial Attorney in the Department of Justice’s Fraud Section for three-and-a-half years where he focused on handling securities, mail, wire and commodities fraud prosecutions. As a Trial Attorney, Jon also prosecuted other violations, such as money laundering, healthcare fraud and tax evasion. In United States v. Idania Arias, Jon served as co-counsel in one of the largest multi-defendant Medicare fraud conspiracy prosecutions in the Southern District of Florida.
  • As a Senior Counsel with the SEC's Division of Enforcement in Washington, D.C., investigated and litigated violations of the federal securities laws with a particular emphasis on complex financial fraud, insider trading and market manipulation. Serving as a member of the Division’s litigation team in SEC v. Banner Fund International, Jon was instrumental in obtaining emergency injunctive relief, asset restrictions and the entry of a summary judgment order in this multimillion-dollar securities fraud enforcement action in the District of Columbia.
  • While at the U.S. Attorney's Office, was a member of the interagency Securities and Commodities Fraud Working Group. He has lectured on the topics of the FCPA, effective compliance programs, securities fraud, parallel investigations, corporate monitorships, building a fraud case to win at trial, perjury prosecutions, insurance fraud and accountants as gatekeepers after Sarbanes-Oxley. His audiences have included diverse groups such as attendees of the American Bar Association’s National Institute on Securities Fraud, federal prosecutors, SEC staff attorneys, federal law enforcement agents, lawyers from general counsels' offices and law firms and insurance fraud investigators.
  • During his tenure as an Assistant U.S. Attorney and a Department of Justice Trial Attorney with the Fraud Section, Jon's achievements as a white collar prosecutor were repeatedly recognized. Jon was presented with 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. Jon received a letter of commendation from the SEC's Enforcement Director, and in addition, received numerous special achievement awards, meritorious service awards, time off awards and promotions during his service at the Department of Justice.
  • Prior to his service with the Department of Justice and the Securities and Exchange Commission, Jon served as a Judicial Law Clerk for the late Federal District Court Judge Morey L. Sear in the Eastern District of Louisiana, and worked as an associate at a national law firm.

Recognitions

  • The Best Lawyers in America© (2013 to present)
    Copyright 2013 by Woodward/White, Inc., Aiken, SC
    • Washington, D.C.: Criminal Defense: White-Collar
  • Securities Docket: "Enforcement 40" (2013)
  • Martindale-Hubbell: AV Preeminent

Memberships

  • Edward Bennett Williams Inn of Court in Washington, D.C.

Services

Emerging Issues

Prior Positions

  • U.S. Department of Justice
    • Assistant U.S. Attorney, Washington, D.C.
    • Trial Attorney, Fraud Section
    • Special Assistant United States Attorney, Eastern District of Virginia
  • U.S. Securities and Exchange Commission's Division of Enforcement
    • Senior Counsel
  • 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
  • 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