Evan T. Barr

Evan Barr represents individuals and companies in sensitive investigations and prosecutions by state and federal law enforcement and regulatory agencies.

Evan’s experience as a former federal prosecutor benefits clients seeking his representation in defense against the Department of Justice, various US Attorneys’ Offices, the SEC, the New York State Attorney General’s Office, FINRA and the Manhattan District Attorney’s Office, among others.

Evan has successfully defended clients facing allegations of every type of white-collar offense, including securities and commodities fraud, public corruption, money laundering, wire and mail fraud, FCPA, and antitrust violations. He has tried 12 criminal cases to verdict in federal court and has briefed and argued numerous cases before the US Court of Appeals for the Second Circuit. Evan has also convinced prosecutors and regulators in countless matters to abandon investigations and decline to bring civil, criminal, or administrative charges against his clients.

Evan has extensive experience in the area of asset forfeiture. Clients turn to Evan in connection with matters involving seizure of bank accounts, petitions for remission and filing third-party claims in ancillary proceedings. In 2015, he obtained an order from the Second Circuit vacating a US $1.3 million criminal forfeiture judgment imposed against a former SAC Capital Advisors portfolio manager in connection with insider trading charges. In addition, he has successfully litigated a variety of civil forfeiture cases involving claims made by private parties and foreign governments seeking to recover valuable stolen artworks and antiquities, including the landmark decision in United States v. An Antique Platter of Gold, 184 F.3d 131 (2d Cir. 1999).

Evan previously served as Chief of the Major Crimes Unit at the US Attorney’s Office for the Southern District of New York where he supervised approximately 25 federal prosecutors investigating and prosecuting white-collar criminal cases including large-scale financial schemes, healthcare fraud, FCPA violations and cybercrime. He also served on the Securities and Commodities Fraud Task Force, Public Corruption Unit and Asset Forfeiture Unit during his tenure in the US Attorney’s Office. In the Public Corruption Unit, he was responsible for the convictions of dozens of state, local and federal officials, leading to systemic reforms in the Hunts Point Terminal Produce Market, the New York City Department of Buildings, and the New York State Department of Motor Vehicles. Prior to his tenure at the US Attorney’s Office, Evan served as Deputy Special Counsel to the US Senate Committee on Foreign Relations where he conducted a high-profile bipartisan international investigation.

Chambers USA: America’s Leading Lawyers for Business praises Evan as an “extremely talented and capable white-collar lawyer” with a “flair for creative responses to difficult challenges” who “is renowned for inventive solutions.” He has also been recognized by Legal 500, Best Lawyers in America and New York Super Lawyers.

Evan is a recipient of the Department of Justice’s John Marshall Award for Outstanding Legal Achievement in Asset Forfeiture and the Director’s Award for Superior Performance as an Assistant US Attorney.

Evan has written extensively on issues of interest to the white-collar bar and has provided legal commentary for publications including The New York Times, The Wall Street Journal, the New York Law Journal, and Law360.

Evan has represented clients in some of the most important white-collar criminal cases over the past several years.

Work highlights:

Securities and commodities fraud

• two London-based traders in connection with an SEC investigation of alleged improper handling of pre-released American Depositary Receipts • the former Chief Administrative Officer of a major department store chain in connection with an accounting fraud investigation by the SEC
• the assistant treasurer of MF Global Holdings Ltd. in investigations by the SEC, CFTC and US Attorney’s Office regarding the company’s bankruptcy
• the former CEO of a global manufacturing company in connection with an investigation conducted by the SEC and the US Attorney’s Office for the Eastern District of New York related to insider trading allegations
• the former president of a global online recruitment company at trial in the Southern District of New York in connection with criminal stock options backdating charges
• a witness in an investigation by the SEC and US Attorney’s Office related to alleged fraudulent trading in commercial mortgage-backed securities
• a former investment banker in connection with SEC and DOJ investigations of alleged efforts to obtain fraudulent credit ratings on collateralized debt obligations
• a former senior executive of a major insurance company in an investigation by the SEC into the use of finite reinsurance contracts
• a New York hedge fund manager on insider trading charges filed in connection with the expert networking investigation in the Southern District of New York
• a trader in FINRA investigation regarding structuring of total rate of return swaps to obtain certain tax benefits

Antitrust

• a former trader in connection with the DOJ Antirust Division’s investigation of alleged price-fixing, bid-rigging and collusion in the foreign currency (FX) market
• the president of a large Scandinavian shipping company in connection with criminal charges filed by the DOJ Antitrust Division regarding alleged collusion and price-fixing in the international maritime car transport industry
• a subject in a DOJ Antitrust Division investigation of alleged price-fixing in the generic pharmaceutical industry
• a construction firm and its principal charged by the DOJ Antitrust Division in connection with alleged bid-rigging and fraud scheme relating to New York area hospitals
• a Frankfurt-based trader in connection with investigations by UK, US and European Union authorities into alleged collusion in the supranational, sub-sovereign and agency bond markets
• a trader in connection with a DOJ Antitrust Division investigation of alleged collusion in the US agency bond market

Public corruption and FCPA

• a high-ranking New York City official in connection with a federal investigation into alleged pay-to-play and campaign fundraising improprieties in the de Blasio Administration
• conducting an internal investigation of potential FCPA violations for a large consumer products company conducting business in China
• a former New York gubernatorial candidate in a public corruption investigation conducted by the Attorney General’s office which concluded with no civil or criminal charges filed against our client
• a former wealth manager charged by the Department of Justice with federal campaign finance violations in connection with contributions made during the 2008 presidential election; the case was concluded with a probationary sentence for our client
• a New York City Council member in connection with a federal investigation into allegations of fraud and misuse of public funds

Asset forfeiture and money laundering

• a large Middle Eastern bank in forfeiture litigation filed in the Southern District of New York involving alleged money laundering and trade embargo violations
• a New York corporation in connection with the civil forfeiture of its interest in a 36-story office building in midtown Manhattan based on alleged violation of Iranian trade sanctions
• the former chairman of Neteller in connection with an investigation by the US Attorney’s Office relating to online gambling
• a large New York hedge fund with a lien against residential property belonging to Conrad Black in connection with criminal forfeiture proceedings in the Northern District of Illinois
• a witness in connection with the alleged laundering of bribery proceeds from Taiwan through the purchase of high-end residential real estate in the US
• the former president of a publicly-traded company in successfully overturning, on appeal to the Second Circuit, a US$6.3 million criminal forfeiture judgment
• a former Portfolio Manager at SAC Capital Advisors in successfully overturning, on appeal to the Second Circuit, a US$1.2 million criminal forfeiture judgment

Arts and antiquities

• Nancy Wiener, a well-known New York art dealer, in connection with criminal charges filed by the Manhattan District Attorney’s Office related to alleged trafficking in stolen and looted Asian antiquities; the case was successfully concluded with a time-served no-jail, no fine sentence
• a prominent New York auction house in providing enforcement and regulatory advice
• a non-profit charitable foundation against claims lodged by a foreign entity seeking artwork in the foundation’s collection
• a private collector in civil litigation regarding an artwork alleged to have been stolen during World War II
• the president of a well-known art gallery in connection with a sales tax investigation by the Manhattan District Attorney’s Office

Other white collar

• various student loan companies in connection with the New York Attorney General’s investigation of direct marketing practices
• a private Swiss bank in connection with the DOJ Tax Division’s voluntary disclosure program • the president of a technology company in connection with federal computer hacking charges; the case was resolved with our client receiving a probationary sentence
• the medical director of a healthcare facility in connection with a DOJ investigation into alleged bribery, graft and kickbacks associated with the selection of a pharmaceutical benefits manager
• an athletic coach in connection with the investigation of alleged fraud and bribery in the college admissions process being conducted by the US Attorney’s Office for the District of Massachusetts
• an individual charged in the Southern District of New York with racketeering and other violations in connection with his alleged participation in a large-scale internet sports gambling operation; the case was resolved with a non-jail probationary sentence for our client
• a subject in the investigation of an alleged scheme to defraud investors in the Fyre Festival event
• a managerial employee of a general contracting firm in connection with the Manhattan District Attorney’s Office investigation of alleged bribery and kickbacks in the construction industry
• a building supply firm executive in connection with Manhattan District Attorney’s Office investigation of Disadvantaged Business Enterprise (DBE) fraud allegations related to the use of subcontractors on various major public construction projects
• conducting an internal investigation for a global financial services company regarding the filing of a potentially improper claim made on behalf of one of the bank’s proprietary accounts