• Barry H. Berke is a nationally renowned trial lawyer who is routinely recognized as one of the leading trial lawyers and white collar criminal defense lawyers in the country. He represents officers, directors, professionals and corporations in sensitive and high-profile investigations and proceedings. Barry has handled major matters on behalf of his clients involving all aspects of white collar crime, including allegations of securities fraud, accounting and bank fraud, RICO and FCPA violations, tax offenses, bribery, bid rigging, and embezzlement. Barry also represents prominent corporations, directors and officers in class action and other complex commercial litigation.

    His recent notable representations include securing the acquittal of a Deutsche Bank investment professional, and the deferred prosecution of another, in a criminal case that the government described as its largest tax shelter prosecution; successfully representing former SAC Capital Fund Advisors fund manager Michael Steinberg in a prominent insider-trading case that was ultimately dropped by U.S. prosecutors; and winning summary judgment for client JPMorgan Chase in a lawsuit brought by Bank of America relating to CDOs in the wake of the financial crisis. Barry also successfully represented the mayor of New York City, Bill de Blasio, in connection with federal and local investigations.

    Barry is a fellow of the American College of Trial Lawyers. He has been repeatedly recognized by Chambers USALegal 500 and Benchmark Litigation. In 2018, Chambers USA ranked Barry in its top band for his success as a trial lawyer nationwide, and named him one of the top four “star individuals” among white collar criminal defense lawyers in New York. Quoting market peers, Chambers has described him as a “preeminent trial lawyer” and “one of the top white-collar lawyers in the country” who is known for his “strategic ingeniousness,” “incredibly sharp legal mind” and “great connection with juries.” Legal 500 called Barry “one of the most high-profile and sought after white-collar attorneys in New York” and “superb.” Benchmark Litigation has consistently named him a litigation star, naming him “the go-to guy for white collar trial work.” Barry was also named in 2010 and 2014 – 2018 as one of the Top 10 Lawyers in New York by Super Lawyers. He was selected as the Am Law Litigation Daily’s Litigator of the Week for April 23, 2015, and May 27, 2011.

    Barry is co-author of the textbook The Practice of Federal Criminal Law: Prosecution and Defense, published by Thomson/West’s American Casebook Series. He has taught courses on criminal law and professional responsibility at New York University School of Law, and lectures frequently on criminal justice issues in a variety of forums.

    Barry is chairman of the board of directors of the Coalition for the Homeless and is a member and former chairman (2014 – 2016) of the board of directors of the Federal Defenders of New York Inc. He was also appointed by New York City mayor Bill de Blasio as his designee on Lincoln Center's board of directors, and is a member of the board of advisers of the Mayor’s Fund to Advance New York City.

    Barry is a member of the firm’s Executive and Planning Committees and co-chair of the Litigation department.

    Prior to joining Kramer Levin, Barry was a trial lawyer with the federal defenders office for the Southern District of New York. During that time, he defended individuals accused of a wide range of federal offenses, serving as lead counsel in numerous jury trials and achieving favorable verdicts in a large majority of those cases.

    Experience

    • Represented David Parse, a former Deutsche Bank AG broker, who had been accused of participating in one of the largest tax fraud cases in history. Under the terms of a rare deferred prosecution agreement with the Manhattan U.S. attorney’s office, all charges against Mr. Parse were dismissed.

    • Represented former SAC Capital Fund Advisors fund manager Michael Steinberg in a prominent insider-trading case that was dropped by U.S. prosecutors following the U.S. Supreme Court’s decision not to review a 2nd Circuit ruling in a related case, which agreed with arguments Kramer Levin had made in Steinberg’s case and preserved for appeal that the government had overstepped the bounds of insider-trading law in seeking to prosecute remote tippees.

    • Represented a former investment representative at Deutsche Bank Alex. Brown in a criminal prosecution in the Southern District of New York related to what has been characterized as the largest tax fraud prosecution in U.S. history. He was charged with conspiring to deprive the IRS of billions of tax dollars through the use of allegedly abusive tax shelters, but was acquitted on all nine criminal charges after a ten-week trial.

    • Represented the head of a multibillion-dollar investment fund, and succeeded in clearing him of all charges, in an indictment alleging that he conspired to bribe the president of Azerbaijan in connection with the privatization of the state-owned oil company, in violation of the Foreign Corrupt Practices Act.

    • Represented Bear Stearns in a criminal investigation in which two officers were indicted, and that focused on the collapse of two of the firm’s investment funds related to the subprime mortgage crisis. Barry successfully persuaded the U.S. attorney’s office for the Eastern District of New York not to charge Bear Stearns or require the company to enter into a deferred prosecution or nonprosecution agreement.

    • Represented JPMorgan Chase in the first bank-against-bank lawsuit arising out of the financial crisis, and won summary judgment of all claims asserted by Bank of America against the client’s asset management unit, in connection with a $4 billion collateralized debt obligation transaction in which Bank of America alleged that material adverse facts were improperly concealed.

    • Represented AIG Inc. in a variety of regulatory and law enforcement proceedings, including investigations by the U.S. Department of Justice and the Securities and Exchange Commission.

    • Represented Bernard Kerik, the former police commissioner of New York City, in a criminal corruption case in the Southern District of New York.

    • Represented a variety of other federal and state elected and appointed officials in a wide range of investigations.

    • Conducted internal investigations on behalf of boards of directors and audit committees of many public and private companies, including Moody’s, AIG, Bear Stearns and DoubleClick.

    • Represented the general counsel of a company charged with violating federal immigration and labor laws. Following successful motions to sever and limit the charges, all charges were dismissed on the eve of trial and the client has resumed the private practice of law.

    • Represented a lawyer who was charged with participating in a multimillion-dollar securities arbitrage fraud. Following a two-month trial, the jury returned a verdict acquitting his client on all 23 counts.

    • Represented the president of an investment company charged with engaging in a $60 million bond fraud. All charges were dismissed following the close of the government’s case at trial.

    • Represented an accountant and officer of a Fortune 20 company in an accounting fraud investigation by the SEC. Following the issuance of two Wells submissions, Barry successfully persuaded the SEC to not file any charges against his client.

    • Represented a doctor, who eventually avoided criminal prosecution, regained his medical license and resumed the practice of medicine, in a health care fraud case that received widespread media attention.

    • Represented the owner of a 1933 Double Eagle gold coin, believed to be the rarest and most valuable coin in the world, that the U.S. government claimed was stolen government property. After successfully persuading the government to dismiss criminal charges, Barry represented the coin dealer in a protracted civil forfeiture proceeding that resulted in a landmark settlement on the eve of trial, whereby the coin was auctioned for a record $7.6 million and the proceeds divided between his client and the government.

    • Represented a well-known law firm in an arbitration brought by a former partner, achieving a significant decision that upheld the enforceability of the firm’s partnership agreement and noncompete provisions.

    • Represented a businessman at the center of the state of Connecticut treasurer’s office corruption scandal and, with co-counsel, successfully persuaded the government to end its investigation and criminal prosecution of the client.

    • Represented a former officer of a leading investment bank alleged to have participated in a fraud involving hundreds of millions of dollars, and successfully persuaded the U.S. attorney’s office for the Southern District of New York to drop criminal charges against him.

    • Represented world-champion boxers and others in the boxing profession in high-profile arbitrations and court proceedings, all of which Barry won on behalf of his clients.

    Credentials

    Education

    • J.D., cum laude, Harvard Law School, 1989
    • B.A., summa cum laude, Phi Beta Kappa, Duke University, 1986

    Bar Admissions

    • New York, 1989

    Clerkships

    • Honorable Mary Johnson Lowe, U.S.D.C., Southern District of New York, 1989 - 1990

    Court Admissions

    • U.S.C.A., 2nd Circuit
    • U.S.D.C., Eastern District of New York
    • U.S.D.C., Southern District of New York

    Professional Affiliations

    • American College of Trial Lawyers, Fellow
    • Coalition for the Homeless, Chairman, Board of Directors
    • Federal Defenders of New York Inc., Board of Directors, former Chairman (2014 2016)
    • Lincoln Center, Board of Directors (New York City mayor Bill de Blasio's designee)
    • Mayor's Fund to Advance New York City, Board of Advisors
    • City Bar Fund, Board of Directors (2007 2010)
    • New York City Bar Association, Judiciary Committee (2002 2003); Committee on Criminal Advocacy (1999 2002); Special Committee on Representation in Capital Cases (1995 – 1998)
    • American Bar Association National Association of Criminal Defense Lawyers
    • New York State Association of Criminal Defense Lawyers
    • New York University, Adjunct Professor (2003 2007)
    • New York University, Adjunct Assistant Professor (1995 2003)