Barry Gross, a former federal prosecutor, is a partner in the firm’s White Collar Crime and Corporate Investigation Practice Group. He is regularly engaged to represent individuals and companies in high-stakes criminal and civil matters. He represents companies, professionals and business executives in investigations and trials. His practice includes the defense of white collar criminal investigations and prosecutions, internal corporate investigations, as well as complex civil litigation including civil Racketeer Influenced and Corrupt Organizations (RICO) cases and qui tam matters. He also handles matters before the Securities and Exchange Commission (SEC) and the Financial Industry Regulatory Authority (FINRA).
Barry has more than 35 years of experience conducting and handling investigations and high-profile cases. He has participated in the defense of criminal and civil RICO cases, and cases involving allegations of securities fraud, mail fraud, wire fraud, bank fraud, tax fraud, health care fraud, antitrust violations, theft of trade secrets, and violations of the False Claim Act and Foreign Corrupt Practices Act (FCPA). In addition he has handled environmental matters, patent litigation, and bankruptcy litigation. Barry has tried more than 200 Federal and State jury trials to verdict and has argued appeals, in the U.S. Court of Appeals and the Pennsylvania Supreme Court.
Prior to joining the firm, Barry served as an Assistant United States Attorney with the Eastern District of Pennsylvania from 1983-2007; and as an Assistant District Attorney in Delaware County, Pennsylvania from 1976-1983. He was recognized by the U.S. Department of Justice numerous times for his work and received the Director’s Award for Superior Performance and two Special Achievement Awards.
Barry served as an adjunct professor in the Integrated Trial Advocacy Program at Temple University - Beasley School of Law for ten years, as an adjunct professor at Widener University School of Law for ten years, serves as a faculty member for the National Institute of Trial Advocacy (NITA) and is also a Master in the University of Pennsylvania American Inn of Court. He is frequently asked to provide legal commentary to the media and his analysis has appeared in The Wall Street Journal, Newsweek, The Los Angeles Times, on NPR, FOX News, CBS, NBC, ABC, MSNBC and other national and local outlets.
Barry’s recent engagements include:
- 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.
- 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 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 and the District of Massachusetts.
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 resulting 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.
- Villanova University, J.D.
- Kenyon College, A.B., cum laude
Barry's Areas of Focus
- Commercial Litigation
- Health Care Litigation
- Securities and Corporate Governance Litigation
- White Collar Defense and Corporate Investigations
- SEC and Regulatory Enforcement Defense
- Foreign Corrupt Practices Act
- Public Corruption
- Tax Fraud
- Environmental Crimes
- False Claims Act/Qui Tam
- Procurement Fraud