Jonathan R. Barr

Partner

Washington, D.C.
T +1.202.861.1534
F +1.202.861.1783

Overview

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 complex civil, regulatory and criminal law enforcement investigations and litigation. With more than 20 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, fraud allegations, insider trading restrictions, healthcare law issues, off-label drug marketing restrictions, the Federal Anti-Kickback Statute, the False Claims Act, money laundering allegations, federal criminal tax issues, asset forfeiture claims, the Commodity Exchange Act, the Martin Act, government contracting and procurement issues, antitrust price fixing, and sanctions and export control restrictions.

In 2013 and 2017, the Securities Docket named Jon to its “Enforcement 40” list of the “40 best and brightest securities enforcement defense lawyers in the business.” He is ranked in Chambers USA for Litigation: White Collar Crime & Government Investigations in the District of Columbia. Jon’s skill as a lawyer has been recognized by his inclusion, since 2013, in The Best Lawyers in America®, and by his designation as a “Super Lawyer” in Washington, D.C., since 2012. He has also been rated AV Preeminent®, the highest peer review rating available, in the Martindale-Hubbell register for lawyers.

Select Experience

  • Represented sitting Congressman in criminal and SEC insider trading investigations and prosecutions in the Southern District of New York.
  • Represented the former JPMorgan Chase managing director, nicknamed “the London Whale,” in investigations conducted by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC), related to a more than $6 billion trading loss by the bank. Secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and the CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Represented an entity, high-profile individuals and former government officials in the investigation conducted by U.S. Special Counsel Robert Mueller.
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Experience

  • Represented sitting Congressman in criminal and SEC insider trading investigations and prosecutions in the Southern District of New York.
  • Represented the former JPMorgan Chase managing director, nicknamed “the London Whale,” in investigations conducted by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC), related to a more than $6 billion trading loss by the bank. Secured a rare non-prosecution agreement with the Justice Department and agreements with the SEC and the CFTC, including one of the first non-prosecution agreements executed by the CFTC for an individual.
  • Represented an entity, high-profile individuals and former government officials in the investigation conducted by U.S. Special Counsel Robert Mueller.
  • Has represented clients in FCPA investigations relating to Brazil, Chile, Venezuela, Ecuador, Eastern Europe, Russia, India, Kazakhstan, Indonesia, Malaysia, Africa and China.  
  • Has conducted internal investigations for publicly and non-publicly traded corporations concerning issues related to the FCPA, export control laws, Iranian sanctions restrictions, immigration laws and the False Claims Act.
  • Has represented corporations in making voluntary disclosures to the U.S. government, including the DOJ, SEC, Department of Treasury's Office of Foreign Assets Control (OFAC), The U.S. Department of State's Directorate of Defense Trade Controls (DDTC), and the Bureau of Industry and Security of the Department of Commerce (BIS).
  • Represented individuals and an entity in the DOJ criminal investigation into the alleged loss of billions of dollars by the Malaysian 1MDB Fund.
  • Represented co-CEOs of registered investment advisor in SEC enforcement investigation.
  • Represented the Chief Compliance Officer of a publicly traded pharmaceutical company in a criminal investigation involving the False Claims Act and Iranian sanctions issues.
  • Represented former CFO of an NYSE international construction company in SEC enforcement investigation concerning accounting restatement and disclosure issues.
  • Represented former General Counsel of NYSE company in SEC enforcement investigation concerning an accounting restatement and disclosure issues related to an undisclosed half a billion-dollar tax liability.
  • Represented former CFO of an NYSE company in SEC enforcement action and parallel class action litigation related to an accounting restatement and disclosure issues.
  • Represented a former Vice President of Finance of a defense contractor in SEC enforcement action concerning restatement and disclosure issues.
  • Represented billionaire stock investor in SEC insider trading investigation.
  • Represented former Chief Technology Officer in criminal and SEC insider trading investigations.
  • Represented former CEO of shipping company in FCPA criminal investigation.
  • Represented former CFO of NYSE company in DOJ and SEC investigations concerning the FCPA.
  • Represented third party agent in high profile DOJ FCPA investigation, and secured rare non-prosecution agreement for client.
  • Represented foreign in-house counsel in DOJ criminal and SEC investigations concerning the FCPA.
  • Represented former CEO of foreign subsidiary of technology company in DOJ criminal investigation concerning the FCPA.
  • Represented former officer of Brazilian subsidiary of NYSE company in DOJ criminal and SEC investigations concerning the FCPA.
  • Represented individuals in a high-profile public corruption investigation related to Senator John Ensign conducted by the DOJ as well as in a parallel Senate Ethics Committee investigation.
  • Represented an individual in a 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. Prosecution was ultimately declined.
  • Represented a corporation in a criminal immigration investigation in which Immigration and Customs Enforcement agents executed a raid. Declination of prosecution was received.
  • 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 salespeople, 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 a DOJ civil False Claims Act investigation initiated as a result of a qui tam complaint.    
  • Represented a taxpayer in a DOJ criminal tax investigation involving offshore account/Report of Foreign Bank and Financial Accounts issues. 
  • Part of team representing numerous foreign claimants in the largest civil forfeiture action brought by the U.S. Department of Justice's Kleptocracy Asset Recovery Initiative involving alleged corruption and embezzlement by a former Nigerian president and his family and associates.
  • 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. 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 a team that 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, was responsible for supervising the investigation and for the 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 DOJ and the SEC's Division of Enforcement. The eight-and-a-half-year tenure with the DOJ included serving as an assistant U.S. attorney in the District of Columbia and as a trial attorney in the DOJ Fraud Section. Also served as a special assistant United States attorney in the Eastern District of Virginia. As a federal prosecutor, tried jury and bench trials and successfully handled numerous hearings, motions, arguments and sentencings.  
  • 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 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, 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, successfully prosecuted a scientist and corporate executive of a major pharmaceutical company for insider trading and perjury.
  • As the U.S. Attorney's Office's Corporate and Securities Fraud coordinator, 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, conducted public corruption investigations, prosecuted general white collar fraud cases and prosecuted a case involving criminal tax violations.
  • As a DOJ trial attorney, prosecuted securities, mail, wire, commodities and healthcare fraud violations, as well as cases involving money laundering violations. 
  • In United States v. Idania Arias, 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. Received the prestigious Director's Award from the DOJ's Executive Office of United States Attorneys and an Inspector General's Integrity Award from the Department of Health and Human Services for work in prosecuting the case.
  • Served as senior counsel at the SEC's Division of Enforcement in Washington, D.C., for more than six and a half years. Investigated and litigated violations of federal securities laws with particular emphasis on complex financial fraud, insider trading and market manipulation.

Recognitions and Memberships

Recognitions

  • Chambers USA: Litigation: White Collar Crime & Government Investigations in the District of Columbia (2015 to Present)
    • Band 3 (2019), Band 4 (2017 to 2018), Band 5 (2014 to 2015)
  • The Legal 500 United States (2017 to Present)
    • Recommended in Securities litigation: defense
    • Recommended in Corporate investigations and white-collar criminal defense
  • Securities Docket: "Enforcement 40" (2013, 2017)
  • The Best Lawyers in America© (2013 to Present)
    • Washington, D.C.: Criminal Defense: White-Collar
  • Washington, D.C. "Super Lawyer" (2012 to Present)
  • 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.)
  • Order of Barristers

Industries

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
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • Virginia
  • District of Columbia
  • New York

Education

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