Barry H. Berke - Kramer Levin Naftalis & Frankel LLP

Barry H. Berke

Listed in Best Lawyers since 2007

Barry H. Berke, Co-chair of the Litigation department, is a nationally recognized trial lawyer who represents officers, directors, professionals and corporations in sensitive and high-profile investigations and proceedings. Mr. Berke 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. Mr. Berke also has represented prominent corporations in class action and other complex commercial litigation. Some of his 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. Mr. Berke is currently defending Jerome Valcke, the Secretary-General of FIFA, in connection with investigations by the U.S. Department of Justice and Swiss authorities.

Mr. Berke 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.

Mr. Berke is a member of the firm’s governing executive committee. In addition to his leadership roles within the firm, Mr. Berke serves as Chairman of the board of directors of the Coalition for the Homeless and Chairman 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 the Lincoln Center board of directors, and is a member of the board of advisors of the Mayor’s Fund to Advance New York City.

Prior to joining Kramer Levin, Mr. Berke was a trial lawyer with the Federal Defenders office for the Southern District of New York for four years. 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.

Additional Information

Court Admissions
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U.S.D.C., Eastern District of New York
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U.S.C.A., 2nd Circuit
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U.S.D.C., Southern District of New York
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, Mr. Parse will not have to face retrial and all charges against him will be dropped in a year.

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 Second Circuit ruling in a related case that 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 10-week trial.

 

Duke UniversityBA 1986Harvard Law SchoolJ.D. 1989
American College of Trial LawyersCoalition for the Homeless

Office Location

1177 Avenue of the Americas
New York, NY 10036
United States


Practice Areas

Bet-the-Company Litigation
Commercial Litigation
Criminal Defense: White-Collar (Litigation)
Litigation - Securities