Baruch Weiss is a trial attorney focusing on white collar, national security and complex civil litigation. He represents clients in both criminal and SEC securities fraud investigations; homeland and national security investigations; OFAC enforcement matters; off-label investigations of the pharmaceutical industry; public corruption matters; FCPA investigations; administrative and criminal immigration enforcement actions against employers; and criminal tax evasion cases. He also has handled complex civil antitrust litigation on behalf of a major pharmaceutical client, and  has extensive experience handling criminal appeals.

From 2003 to 2006, Mr. Weiss worked at the Department of Homeland Security serving as Acting Deputy General Counsel overseeing all the department's 1,400 attorneys, and as Associate General Counsel. He supervised the chief counsels of ICE, CBP, TSA, and USCIS. His areas of responsibility included criminal law, immigration enforcement, immigration services, customs enforcement, aviation security, and transportation security.

From 2002 to 2003, Mr. Weiss served as Assistant General Counsel for Enforcement at the Department of the Treasury. There, he managed the legal work of more than 250 attorneys, including the chief counsels of Customs; Secret Service; ATF; and FinCEN.

Mr. Weiss spent 18 years with the United States Attorney's Office in the Southern District of New York as Senior Trial Counsel, Deputy Chief Appellate Attorney, Acting Chief of Major Crimes, and Chief of General Crimes. As Senior Trial Counsel, he had extensive experience in a wide range of white-collar cases (securities fraud, bank fraud, wire and mail fraud, government contract and healthcare fraud, money laundering, tax evasion, and public corruption), as well as terrorism and international criminal matters.

Experience

  • Companies and individuals in criminal proceedings and in enforcement and licensing proceedings before OFAC, in connection with Iran and Cuba sanctions.
  • More than 25 joint clients, including a number of hedge funds and associated individuals, in five-year SEC investigation; following the Wells process, SEC limited its charges to one individual and one defunct entity.
  • Former CEO of publicly traded company in SEC and criminal securities fraud investigation.
  • Press and media clients on the publication of classified information, and on efforts to obtain law enforcement and national security information from the government.
  • High tech clients on government’s national security efforts to persuade or compel them to produce proprietary and customer information.
  • Owner of licensed international money transmittal business at criminal tax evasion trial; acquittals on all counts.
  • Pharmaceutical manufacturer in federal criminal off-label investigation; negotiated misdemeanor settlement.
  • Pharmaceutical manufacturer in sensitive internal investigation.
  • GlaxoSmithKline in US$2.5 billion class-action antitrust suit.
  • Client charged with violating the OFAC Iran sanctions in a four-week federal criminal case in the Southern District of New York; primary counts of conviction reversed on appeal.
  • Native American casino in effort to mitigate a fine proposed by FINCEN for failure to comply with anti-money laundering regulations; successfully mitigated proposed penalty by 75%.
  • Won a historic victory in the foremost First Amendment prosecution of recent times, the so-called "AIPAC Espionage Act case," brought against two former officials of the American Israel Public Affairs Committee (AIPAC). The case had been the subject of numerous editorials and opinion pieces in The Washington Post, The Wall Street Journal, and other major newspapers. The defense earned praise from the presiding judge for "zealously and very effectively" pursuing the defense with "vigor." After 10 years of investigation and prosecution, Attorney General Eric Holder dropped the case shortly before trial.
  • European CEO in a criminal FCPA investigation.
  • Subject of a criminal insider trading investigation related to the investigations into SAC Capital; no charges filed.
  • Companies under administrative and/or criminal investigation by Homeland Security, Immigration and Customs Enforcement (ICE) for immigration violations.

At the US Attorney's Office, Southern District of New York prosecuted:

  • US$1.4 billion securities fraud investigation of Prudential Securities Inc. The case was recognized as a "landmark" for establishing the precedent for the government's appointment of an independent expert as a company's director to monitor corporate compliance. See, "The Corporate Monitor: The New Corporate Czar," Michigan Law Review, 2007 (Vol. 105, p. 1713, 1717), authored by Vikramaditya Khanna and Timothy L. Dickinson.
  • Four-month trial of boxing promoter Don King for insurance fraud.
  • US$100 million bank-fraud prosecution of a Colombian coffee exporter.
  • Tax-evasion trial of principal of New York brokerage firm.
  • Bank-fraud and money-laundering trial of the former executive director of the Commodities Futures Trading Commission.
  • The extradition of the political head of Hamas, and appeals arising from the first 1993 World Trade Center bombing trial and the Manila airline bombing trial.

Perspectives

Luis v. United States: Supreme Court Holds That Sixth Amendment Right to Counsel Bars Pretrial Restraint of Untainted Assets
Arnold & Porter Advisory
Obama Administration Continues Loosening Cuba Sanctions
Arnold & Porter Advisory
Global Anti-Corruption Insights: 2015 Year-End Review
FCPA News and Insights
Implementation Day: Iran Sanction Relief Arrives, and Is More Robust Than Expected for US Companies With Foreign Interests
Arnold & Porter Advisory
Springtime for 'Implementation Day' On Iran Sanctions

Aerospace & Defense Law360. Also ran in Banking Law360, Commercial Contracts Law360, Energy Law360, International Trade Law360, and Public Policy Law360, New York

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Recognition

Euromoney's “Guide to the World's Leading White Collar Crime Lawyers” (2016): Included as an "Expert in White Collar Crime"

Chambers USA: America's Leading Lawyers for Business 2014-2015 for Litigation: White-Collar Crime & Government Investigations (DC)

LMG Guide, Life Science Star 2012-2015

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Credentials

Education
  • MA, The Jewish Theological Seminary of America, 1982
  • JD, Harvard Law School, 1981, cum laude
  • BA, Columbia University, 1978, summa cum laude
Admissions
  • District of Columbia
  • New York
  • Supreme Court of the United States
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Fourth Circuit
  • US District Court for the District of Columbia
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
Government and Military Service
  • Acting Deputy General Counsel, US Department of Homeland Security
  • Associate General Counsel, US Department of Homeland Security
  • Assistant General Counsel for Enforcement, US Department of the Treasury
  • Senior Trial Counsel, US Attorney's Office, Southern District of New York
  • Deputy Chief Appellate Attorney, US Attorney's Office, Southern District of New York
  • Acting Chief of Major Crimes, US Attorney's Office, Southern District of New York
  • Chief of General Crimes, US Attorney's Office, Southern District of New York
Activities
  • Former Adjunct Professor of Law, Benjamin Cardozo School of Law

  • Former Lecturer in Law, Columbia University School of Law

Overview

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