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, delisting and licensing matters; off-label and anti-kickback 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.
- Companies and individuals in criminal export sanction proceedings, and in OFAC enforcement, licensing and delisting proceedings.
- Pharmaceutical company in ongoing federal criminal and civil anti-kickback investigation.
- Major foreign bank in Iran sanctions investigation involving various federal and state agencies.
- Successful OFAC delisting petition on behalf of former foreign government official.
- Foreign government, to conduct sensitive internal investigation of one of its high-level officials.
- Major multinational on its business relationships with Latin American entities recently designated by OFAC.
- Small business owner in investigation by the SEC.
- COO of Fortune 500 company in investigation by the SEC.
- Law firm under investigation for immigration fraud.
- 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 a number of sensitive internal investigations.
- 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.
- MA, The Jewish Theological Seminary of America, 1982
- JD, Harvard Law School, 1981, cum laude
- BA, Columbia University, 1978, summa cum laude
- 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, District of Columbia
- US District Court, Southern District of New York
- US District Court, Eastern District of New York
- 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
Former Adjunct Professor of Law, Benjamin Cardozo School of Law
Former Lecturer in Law, Columbia University School of Law