Barry Gross

White Collar Defense and Investigations

Barry’s practice includes the defense of white collar criminal investigations and prosecutions and the handling of internal corporate investigation for companies, professionals and business executives. In addition to defending criminal RICO cases, he has assisted clients in defending allegations of securities fraud, insider trading, public corruption, wire fraud, mail fraud, bank fraud, tax fraud, health care fraud, environmental crimes, antitrust violations, theft of trade secrets, and violations of the False Claim Act and Foreign Corrupt Practices Act (FCPA).

Commercial Litigation and RICO

Barry defends companies and individuals in complex civil litigation, including civil RICO cases and qui tam matters. In addition, Barry represents financial services clients in matters before the Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA). Barry also handles environmental matters, patent litigation and bankruptcy litigation.

Representative Experience

• Won an acquittal after a five-week jury trial in the U.S. District Court for the Eastern District of Pennsylvania of a prominent Philadelphia City Councilperson's wife, who was charged with honest-services fraud for allegedly accepting a bogus consulting contract as a conduit to bribe her husband. Her husband was also acquitted.
• Won an acquittal after a six-month jury trial in federal court in New Jersey for a prominent New York securities lawyer charged with RICO, conspiracy and securities fraud
• Represented an individual in a jury trial in federal court who was charged with RICO in a case involving a sitting U.S. Congressman
• Obtained a dismissal of a qui tam action in federal court in Ohio involving purported violations of the Davis Bacon Act
• Obtained a declination for a businessman in an alleged criminal insider trading case
• Obtained a declination from the Internal Revenue Service after the case had been referred to the Criminal Division
• Obtained a declination in an environmental case
• Obtained a declination in a criminal False Claims Act involving NASA and the United States Air Force
• Obtained a declination of charges for a dentist who was investigated for allegedly allowing his employees to participate in the unauthorized practice of medicine
• Represented a businessman based in Poland in a civil RICO case in the United States
• Represented the CEO of a company in an alleged theft of trade secrets case
• Provided representation during a criminal antitrust investigation involving allegations of price fixing by pharmaceutical companies
• Represented individuals and companies before the SEC in Philadelphia, Atlanta and San Francisco in insider trading cases
• Represented individuals and companies in FINRA matters
• Represented pharmaceutical companies, medical device companies and their executives in grand jury and civil proceedings
• Represented a company based in China and its CEO in federal court in a case involving import/export violations
• Represented the General Counsel of a firm in a FCPA prosecution in Washington, D.C.
• Represented the former Chairman of the Pennsylvania Turnpike Commission in a federal investigation
• Represented a company in a federal False Claims Act case involving alleged environmental violations
• Conducted an internal investigation of a CEO of a company
• Conducted an internal investigation involving alleged environmental violations
• Conducted an internal investigation for a large dental practice that led to the discovery of an embezzlement and the return of the embezzled funds
• Conducted internal investigations involving alleged embezzlement, securing the return of millions of dollars to victim companies
• Represented a large mechanical contractor in a federal civil RICO action
• Represented a national insurance company in civil RICO actions in federal court in the Eastern District of Pennsylvania, the Eastern District of Michigan and the District of Massachusetts

Federal Prosecutions

Barry previously served for 24 years as an assistant United States attorney in the Eastern District of Pennsylvania, following six years as an assistant district attorney in Delaware County, Pennsylvania.

While an Assistant United States Attorney, Barry:

• Acted as lead counsel and co-counsel in the investigations and racketeering trials of the Philadelphia Cosa Nostra family
• Led an extensive investigation of a public agency that resulted in the conviction of former high-ranking officials on charges of extortion, bid-rigging and related charges
• Handled one of the largest federal criminal trademark cases
• Handled numerous racketeering investigations and criminal tax investigations and trials
• Was the first to have criminal depositions taken in Belgium admitted as evidence in a U.S. court
• Tried the first Chinese human-trafficking case in the Eastern District of Pennsylvania
• Served as an instructor in Serbia for the U.S. Justice Department and U.S. State Department

Faculty Positions

• Integrated Trial Advocacy Program at Temple University, Beasley School of Law — Adjunct Professor
• Widener University School of Law — Adjunct Professor
• National Institute of Trial Advocacy (NITA)— Faculty Member