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Barry Boss

Vice Chair, Commercial Litigation Department
Co-Chair, Criminal Defense & Internal Investigations

: Washington, D.C.
1200 19th Street, NW
3rd Floor
Washington, D.C. 20036
P: (202) 912-4818
TF: (800) 540-1355
F: (866) 413-0172

Barry Boss

Recent News:
Anemic Appetite for Using Wire Act to Prosecute Sports Betting
Barry Boss, co-chair of the firm’s Criminal Defense & Internal Investigations Practice, and Stephen Miller, vice chair of the firm’s Criminal Defense & Internal Investigations Practice are featured in GamblingCompliance.
More

Barry is co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, vice chair of the Commercial Litigation Department, and co-office managing partner of the Washington, D.C., office. Prior to joining Cozen O’Connor in April 2004, Barry was an assistant federal public defender in Washington, D.C. He focuses his practice on complex criminal matters, particularly involving allegations of white-collar crime in federal court.

Barry has extensive jury trial and appellate experience and has successfully defended individuals and corporations under scrutiny for a wide range of criminal activity throughout the country, including price-fixing, money laundering, fraud, environmental offenses, gambling, bribery, corruption, and racketeering. He also advises individuals, including senior and c-suite executives, in complex internal and government-facing investigations, often involving several multinational jurisdictions and authorities.

Barry has significant experience in sentencing and currently serves as a co-chair of the American Bar Association's Criminal Justice Section Sentencing Committee. Previously, he was a co-chair of the U.S. Sentencing Commission's Practitioners Advisory Group. Barry frequently writes and speaks about sentencing issues, and serves as a sentencing expert for national media organizations. The Washington Post referred to Barry as an "expert" on federal sentencing law.

Among other honors, Barry has been listed as one of the "Top 10" attorneys in Washington, D.C., by Super Lawyers magazine, has been recognized by Global Investigation Review's Who's Who Legal: Investigations and Business Crime Defense, as well as ranked by Chambers & Partners USA. Clients describe Barry as “a top rate lawyer with great judgment” and having "a great demeanor with clients and regulators, and is unflappable even in the most-tense situations." Additionally, an investigative TV journalist noted in a report that Barry is "considered one of the top white-collar crime attorneys in the country."

Barry co-authors Federal Criminal Practice, an 800-page treatise for criminal defense attorneys.

Barry earned his Bachelor of Arts from Bates College in 1982. He earned his law degree, with high honors, in 1985, from George Washington University, where he was a member of Order of the Coif.

Experience

Represented numerous high-level employees who were targets in federal criminal antitrust investigations.

Tried more than 30 federal cases involving a wide array of activities, including money laundering, import/export control violations, environmental crime, health care fraud, mail and wire fraud, and kickbacks.

Representing numerous senior executives and corporate clients in various ongoing internal investigations and enforcement matters which are confidential and/or sensitive, but involve allegations of money laundering, public corruption, obstruction of justice, mail, wire and bank fraud, illegal gambling, FCPA violations, securities violations, and tax fraud.

Successfully represented the Full Tilt Poker companies in a civil forfeiture matter brought by the Department of Justice in the United States District Court for the Southern District of New York; Also secured a dismissal of a putative class action in the Southern District of Illinois brought against the company seeking damages related to alleged gambling losses.

Negotiated the data privacy, criminal exposure and immunity, and other procedural considerations on behalf of various individuals involved in a high-profile cross-border matter.

Represented in federal court an indicted individual from outside the United States who ran a popular online poker and sports betting site and faced 20 years in prison and $150 million in forfeiture. Successfully negotiated a misdemeanor plea agreement involving no incarceration and a much-reduced financial obligation. The client was able to plead guilty and be sentenced without ever having to travel to the United States.

Defended a payment processor that allegedly processed payments for illegally operating online gaming companies in violation of, among other statutes, the Wire Act, in both the Southern District of New York and the Second Circuit.

Represented CEO of publicly traded health care company who was convicted at trial for his involvement in an alleged $85 million health care fraud scheme.

Defended the founder of a well-known internet gambling site against felony charges pursued over a five-year period by federal prosecutors. Ultimately, prosecutors dropped the felony charges in exchange for a guilty plea on a misdemeanor charge, resulting in a sentence of unsupervised probation and payment of a fine. The client also was able to reacquire a domain name that had been forfeited during the course of the prosecution. The resolution of the matter was covered by Forbes magazine here.

Represented an international supplier of automotive parts in connection with a federal antitrust investigation. We convinced the U.S. Department of Justice to drop the investigation without any charges filed against the client.

Successfully appealed a denial by the U.S. District Court for the District of Columbia of a claim of ineffective assistance of counsel. In reversing and remanding, the U.S. Court of Appeals for the D.C. Circuit agreed with our contention that the defendant's trial counsel's errors in the handling of a mental health expert in a sensitive criminal matter were sufficiently serious to support an ineffective assistance claim.

News

Anemic Appetite for Using Wire Act to Prosecute Sports Betting

July 13, 2018

Barry Boss, co-chair of the firm’s Criminal Defense & Internal Investigations Practice, and Stephen Miller, vice chair of the firm’s Criminal Defense & Internal Investigations Practice are featured in GamblingCompliance.

Washington, D.C. Super Lawyers Recognizes 15 Cozen O'Connor Attorneys

May 15, 2018

Fourteen Cozen O’Connor attorneys have been named 2018 Super Lawyers or Rising Stars by Super Lawyers Magazine Washington, D.C. edition, published by Thomson Reuters.

DC Big Law Leaders Judge Zuckerberg

April 13, 2018

Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice, spoke with The National Law Journal about latest on Mark Zuckerberg testifying before Senate.

White-Collar Pros Weigh Risks, 'Stigma' of Joining Trump Team

March 27, 2018

Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice, spoke with the National Law Journal about the president’s legal team.

Barry Boss and Barbara “Biz” Van Gelder named “Top Lawyers” by Washingtonian Magazine

December 13, 2017

Cozen O’Connor Criminal Defense & Internal Investigation Practice Group members Barry Boss and Barbara “Biz” Van Gelder have been named 2017 “Top Lawyers” by Washingtonian magazine.

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

Bodog, ‘Black Friday’ Cases Winding Down With A Whimper

August 03, 2017

Barry Boss discusses the conclusion of Bodog founder Calvin Ayre’s criminal case in GamblingCompliance.

Former Online Gambling Billionaire Calvin Ayre Pleads Guilty To Misdemeanor Charge

July 14, 2017

Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice, comments on the case outcome involving his client Calvin Ayres, former gambling billionaire and founder of Bodog Entertainment Group.

Cozen O’Connor Earns Client Recognition in 2017 Chambers USA Rankings

May 26, 2017

Chambers USA recognized 47 Cozen O’Connor lawyers as leaders in their respective fields; 14 attorneys were recognized nationally and 11 were ranked in the top band.

11 Cozen O'Connor Attorneys Recognized as Washington, D.C. Super Lawyers and Rising Stars

May 15, 2017

Selection to Super Lawyers is based on peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

Cozen O’Connor Earns Client Recognition in 2016 Chambers USA Rankings

May 27, 2016

Chambers USA recognized 41 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 11 were ranked in the top band.

Barry Boss Named Top 10 Lawyer in Washington, D.C.

May 13, 2016

Barry is the only criminal defense attorney in the D.C.-area on the list this year.

Fifty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 17, 2015

The current edition is based on more than five million detailed evaluations by the top lawyers of the country. This list will be included in dozens of city and regional publications in the United States including The Wall Street Journal, The New York Times, and The Washington Post.

Cozen O’Connor Earns Client Recognition in 2015 Chambers USA Rankings

July 06, 2015

Chambers USA recognized 37 Cozen O’Connor lawyers as leaders in their respective fields; 12 attorneys were recognized nationally and 10 were ranked in the top band.

Eleven Cozen O'Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

April 27, 2015

Washington, D.C., April 27, 2015 – The 2015 Washington, D.C., edition of Super Lawyers Magazine, published by Thomson Reuters, has named 11 Cozen O’Connor attorneys to its annual list of Super Lawyers and Rising Stars.

Barry Boss Discusses Sentencing Policies for White-Collar Crime in an AP Article

August 18, 2014

In an AP article titled ''Lighter Sentences Sought for Some Business Crimes,'' Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, discusses the U.S. Sentencing Commission's review of sentencing policies for white collar criminals.

Cozen O’Connor Earns Client Recognition in 2014 Chambers USA Rankings

May 30, 2014

Chambers USA recognized 29 Cozen O’Connor lawyers as leaders in their respective fields; six attorneys were recognized nationally and eight were ranked in the top band. Stanley Sher was named a “Senior Statesman” in the “Transportation: Shipping: Regulatory (outside New York)” industry, for the pivotal role Sher plays in the firm’s continued success in the transportation industry.

Barry Boss Discusses Federal Sentencing Guidelines in Two Pittsburgh Post-Gazette Articles

May 25, 2014

In an article titled ''Pleading guilty could cut defendant's sentence,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, discusses the factors considered in the federal sentencing guidelines for fraud conviction. In a related article titled "Rewards uneven in mortgage fraud cases,'' Barry discusses the difficulty of trying to harmonize sentencing breaks and the value of 5K1.1 motions for leniency.

Nine Cozen O’Connor Attorneys Recognized as Washington, D.C., Super Lawyers and Rising Stars

May 01, 2014

Washington, D.C., May 1, 2014 – The 2014 Washington, D.C., edition of Super Lawyers Magazine, published by Thomson Reuters, has named nine Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.

46 Cozen O’Connor Lawyers Named to The Best Lawyers in America

August 28, 2013

Forty-six Cozen O’Connor lawyers from eight of the firm’s national offices have been selected for inclusion in The Best Lawyers in America. Attorneys were selected based on a rigorous peer-review of more than 4.3 million detailed evaluations. The list will be included in publications such as The Washington Post, Los Angeles Times, and New York magazine.

Barry Boss Quoted in The Wall Street Journal, The Washington Post, NPR and Numerous Other Publications

July 25, 2013

In an article titled ''Feds Charge Hedge Fund SAC Capital In NY Case,'' Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, Vice Chair of the Commercial Litigation Department and Office Managing Partner of the firm’s D.C. office, shares his insights into the SAC Capital Advisors indictment.

Barry Boss Featured in The Daily Report Regarding Recent MLB Drug Use

June 07, 2013

Barry Boss (Washington, D.C.) of the firm's Criminal Defense & Internal Investigations Practice Group in featured in the Daily Report regarding the most recent allegations of performance-enhancement drug use in major league baseball. The article titled, "Big Firms Score Baseball Drug Clients," notes Barry's representation of Detroit Tigers shortstop Jhonny Peralta.

Cozen O’Connor Earns Client Recognition in 2013 Chambers USA Rankings

May 26, 2013

PHILADELPHIA – May 26, 2013 – Chambers USA has recognized 29 Cozen O’Connor lawyers as leaders in their fields; five attorneys were recognized nationally and five were ranked in the top band.

Barry Boss Quoted in Bloomberg News

January 31, 2013

In an article titled, ''Ex-Jefferies Arrest Shows Market Lacking Transparency,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, comments on the arrest of Jesse Litvak, a former Jefferies & Co. mortgage-bond trader, and the likelihood that similar arrests will follow. ''He's the first, but won't be the last,'' said Barry.

Anne Madonia and Barry Boss Full-Tilt Settlement Featured in The Am Law Daily

August 28, 2012

Anne Madonia and Barry Boss Full-Tilt Settlement Featured in The Am Law Daily

Barry Boss Discusses Full Tilt Poker Transaction in The National Law Journal, The Legal Intelligencer, Law360 and Numerous Other Publications

August 03, 2012

Barry Boss Discusses Full Tilt Poker Transaction in The National Law Journal, The Legal Intelligencer, Law360 and Numerous Other Publications

Cozen O’Connor Represents Full Tilt Poker in Transaction with PokerStars and United States Department of Justice

July 31, 2012

Cozen O’Connor Represents Full Tilt Poker in Transaction with PokerStars and United States Department of Justice

Barry Boss Discusses the Insanity Defense in an NPR Article

July 24, 2012

In an article titled, ''Post-Hinckley Changes Make Insanity Defense Hard for Colorado Suspect,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, discusses whether James Holmes, the man accused of killing 12 people and wounding 58 at an Aurora, Colorado movie theater, will mount an insanity defense.

Cozen O’Connor Earns Client Recognition in 2012 Chambers USA Rankings

June 11, 2012

Chambers USA has recognized 28 Cozen O’Connor lawyers as leaders in their fields; five attorneys were recognized nationally and three were ranked in the top band.

Barry Boss Quoted in Bloomberg Businessweek

June 05, 2012

Barry Boss, co-chair of Cozen O’Connor’s Criminal Defense & Internal Investigations Department, discusses the rash of juror dismissals at the Roger Clemens perjury trial in Bloomsberg Businessweek article titled, ''Clemens Judge Weighs Dismissing Fourth Juror From Trial.''

Cozen O’Connor Earns Client Recognition in 2011 Chambers USA Rankings

June 16, 2011

Chambers USA has recognized 27 Cozen O’Connor lawyers as leaders in their fields.

43 Cozen O’Connor Lawyers Named to The Best Lawyers in America

February 09, 2011

Forty-three Cozen O’Connor lawyers from six of the firm’s national offices have been selected for inclusion in the 2011 edition of The Best Lawyers in America. Lawyers were selected for inclusion in the 2011 edition based on a rigorous peer–review of more than 3.1 million detailed evaluations.

Barry Boss Comments on Loughner Shooting

January 20, 2011

In an article titled, ''Insanity Defense Could Be A Tough Sell For Loughner,'' Barry Boss, co-chair of Cozen O'Connor's Criminal Defense & Internal Investigations Practice Group, comments on the attempted assassination of Rep. Gabrielle Giffords, specifically regarding an insanity defense. Boss states, ''The defense now has to prove by clear and convincing evidence, which is an extremely high burden ...that the defendant did not understand the wrongfulness of his conduct.''

Cozen O’Connor Earns Client Recognition in 2010 Chambers USA Rankings

June 18, 2010

Chambers USA has recognized 18 Cozen O’Connor lawyers as leaders in their fields. The annual rankings are based on client and peer references, as well as information gathered from Chambers’ own independent research. Given both nationally and regionally, the rankings are based on qualities including technical legal ability, professional conduct, and client service.

Forty-Two Cozen O’Connor Attorneys Honored as Best Lawyers in America

September 29, 2009

Forty-two Cozen O’Connor attorneys from seven of the firm’s national offices have been selected for inclusion in the 2010 edition of The Best Lawyers in America.

Cozen O’Connor Attorneys Designated 2009 Washington, D.C., Super Lawyers By Law & Politics

March 25, 2009

Cozen O’Connor Attorneys Designated 2009 Washington, D.C., Super Lawyers By Law & Politics

Cozen O'Connor Members Barry Boss and Hayes A, Hunt Lecture on Essential Trial Skills

March 16, 2009

Cozen O’Connor members Barry Boss and Hayes A. Hunt recently lectured on ''Witness Preparation and Direct Examination,'' as part of the District of Columbia Bar’s Essential Trial Skills Series. Boss and Hunt examined techniques and strategies for effective witness preparation and direct examination, including maximizing a witness' potential, while minimizing his or her weaknesses. They also discussed ethical issues in the context of witness preparation and direct examination.

Cozen O’Connor Attorneys Designated 2008 Washington, D.C., Super Lawyers by Law & Politics

April 08, 2008

Cozen O’Connor Attorneys Designated 2008 Washington, D.C., Super Lawyers by Law & Politics

Cozen O’Connor Members Barry Boss, Bernard S. Grimm And Hayes A. Hunt Lecture on Trial Skills for D.C. Bar

March 20, 2008

Cozen O’Connor Members Barry Boss, Bernard S. Grimm And Hayes A. Hunt Lecture on Trial Skills for D.C. Bar

Cozen O’Connor Forms New Practice Group to Address Credit Market Crisis

January 16, 2008

Cozen O’Connor Forms New Practice Group to Address Credit Market Crisis

Understanding the DOJ's Airlines Antitrust Investigation [Corporate Counsel]

August 03, 2015

Barry Boss, Stephen Miller, and Rebecca Brodey discuss the U.S. Department of Justice Antitrust Division’s latest investigation – airline capacity restrictions.

Employers May Fire Employees for State-Licensed Medical Marijuana Use, Colorado Supreme Court Holds [Labor & Employment Alert]

June 18, 2015

While the case highlights the growing tension between state and federal marijuana law, it is also welcome relief for employers who have or are considering a zero-tolerance drug policy based on federal law’s continued classification of marijuana as an illicit drug.

Immaculate Suspension: Non-Analytical Positive Doping Violations from USADA to MLB [Entertainment and Sports Lawyer]

March 31, 2014

In an article titled “Immaculate Suspension: Non-Analytical Positive Doping Violations from USADA to MLB,” Barry Boss and Rebecca Brodey, of the Criminal Defense & Internal Investigations Practice Group, discuss a new era of combating drug use in baseball and other sports, one where athletes are increasingly suspended for doping violations not because of a positive drug test, but based on non-analytical evidence.

Department of Justice and the Wire Act [Gaming Law Review and Economics]

February 16, 2012

Department of Justice and the Wire Act - Gaming Law Review and Economics - Barry Boss of the Commercial Litigation Group was featured in a roundtable discussion, hosted by the Gaming Law Review and Economics, to discuss the Department of Justice’s recent pronouncement on the Wire Act. Moderated by Sue Schneider, the panel dissects the Wire Act, providing a brief overview of its history, the various ways it has been applied in the past, and what the DOJ’s new policy implicates for future interpretations of the Act.

Federal Criminal Practice [James Publishing]

January 01, 2012

Pretrial release strategies, alternatives to prosecution, discovery angles, plea bargaining and agreement suggestions, sentence negotiation tactics, recent case-based examples, dozens of pretrial motions with memoranda, hundreds of practice tips, and much more.

Hold ’Em or Draw: The Strange Case of U.S. Enforcement Efforts Against Internet Gambling and Peer-to-Peer Poker [White Collar Crime Report]

March 11, 2011

Hold ’Em or Draw: The Strange Case of U.S. Enforcement Efforts Against Internet Gambling and Peer-to-Peer Poker - White Collar Crime Report - While federal and state legislators around the nation parse bills to regulate Internet poker, federal prosecutors have been quietly forfeiting Internet gaming proceeds under federal forfeiture statutes. These efforts follow several notable recent prosecutions of individuals for dealing with Internet gaming proceeds.

Money Laundering Defense After Santos And Regalado Cuellar [NACDL's Champion Magazine]

September 01, 2008

Money Laundering Defense After Santos And Regalado Cuellar - NACDL's Champion Magazine - For some time, prosecutors and money laundering
charges have had a romantic relationship. For many years, the breadth of the statute was matched only by its draconian sentencing guideline ranges. In 2001, the Sentencing Commission amended U.S.S.G. § 2S1.1 to tie offense levels for money laundering more closely to the underlying conduct that was the source of the criminally derived funds.2 Many expected that this amendment would eviscerate the plea

Summer 2008 [Sports and Entertainment Observer]

August 14, 2008

The summer is almost over, and the entertainment industry has made it through the Writers Guild of America's strike, which we previously outlined in the Fall 2007 issue.

But Wait, the Wire Act! How Does the Wire Act Impact the Legality of Sports Betting?	Webinar	07/12/2018
2018 Corporate Counsel Conclave	Washington, DC	04/27/2018
2017 Philadelphia White Collar Bar Reception	Miami Beach, FL	03/08/2017
6th Annual West Coast White Collar Conference	San Diego, CA	06/16/2016
25th Annual Federal Sentencing Seminar	Orlando, FL	06/01/2016
The Enforcement Maze: Over-Criminalizing American Enterprise	Washington, D.C.	05/26/2016
2016 Sports Law for Rookies and Veterans	New York, NY	04/15/2016
30th Annual National Institute on White Collar Crime	San Diego, CA	03/03/2016
DC Bar's Litigation Basics Series: Cross Examination	Washington, DC	01/07/2016
NACDL's 11th Annual White Collar Seminar and Fall Board Meeting	New York, NY	10/21/2015
CPI's Over-Criminalization Symposium	Arlington, VA	06/11/2015
Fourth Annual White Collar Criminal Defense College at Stetson	Gulfport, FL	03/12/2015
2015 Sports Law for Rookies and Veterans	Miami Beach, FL	03/05/2015
Essential Trial Skills Series: Cross Examination	Washington, D.C.	02/24/2015
ABA Criminal Justice Section – The Seventh Annual Fall Institute	Washington, D.C.	10/23/2014
Third Annual White Collar Criminal Defense College at Stetson	Gulfport, FL	03/19/2014
ABA Criminal Justice Section – The Sixth Annual Fall Institute	Washington, D.C.	10/31/2013
NACDL’s 9th Annual Conference: Defending the White Collar Case	Washington, D.C.	10/24/2013
Criminal Justice Act Panel Training Program	Greenbelt, MD	11/09/2012
NACDL and Fordham Law School's 8th Annual "Defending the White Collar Case: In & Out of Court" Seminar in New York	New York, NY	11/01/2012
American Bar Association Criminal Justice Section 2012 Fall Conference	Washington, DC	10/26/2012
Webinar: Hold 'Em or Draw: The Strange Case of U.S. Efforts Against Internet Gambling and Peer-to-Peer Poker	Webinar	04/07/2012
NACDL White Collar Criminal Defense College at Stetson	St. Petersburg, FL	03/15/2012
DC Bar Essential Trial Skills Series, Part 4	Washington, DC	02/01/2012
20th Annual National Seminar on Federal Sentencing Guidlines	Lake Buena Vista, FL	05/04/2011
Responding to Government Investigations: What to Do When the Government Comes Calling	Philadelphia, PA	04/26/2011
14th Annual Symposium on Antitrust Law	Washington, D.C.	02/09/2011
Essential Trial Skills Series	Washington, D.C.	02/01/2011
18th Annual Federal Sentencing Guidelines Conference	St. Petersburg, FL	12/01/2009
Food Claims and Litigation Conference	Palm Springs, CA	01/01/2009
Warriors for the Defense: Trial Techniques from the Masters	New York, NY	12/01/2008
Winning Strategies For Defending Federal Criminal Cases	San Francisco, CA	05/01/2008
After Gall and Kimbrough: The Impact on Judicial Discretion in Sentencing	Washington, DC	01/01/2008