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Barbara Van Gelder

Senior Counsel

: Washington, D.C.
1200 19th Street, NW
3rd Floor
Washington, D.C. 20036
P: (202) 463-2516
TF: (800) 540-1355
F: (202) 861-1905

Barbara Van Gelder

Recent Publication:
Two New Department of Justice Memoranda Strengthen False Claims Act Qui Tam Action Defenses [Criminal Defense & Internal Investigations Alert]
Randy Seybold and Biz Van Gelder discuss the DOJs January 10 and January 25 memos and what they mean for FCA qui tam defendants.
More

Biz is a leader in the field of criminal defense and internal investigations focusing on white-collar defense and health care cases. Biz regularly represents clients in congressional and criminal fraud investigations as well as qui tam, Foreign Corrupt Practices Act (FCPA), False Claims Act (FCA), civil RICO, and employment litigation. She has counseled clients — including boards, audit committees, and management — on the development and implementation of internal compliance and ethics programs, the conduct of internal investigations, and Sarbanes-Oxley issues. Biz has also represented numerous companies and individuals in suspension and debarment matters as well as in congressional and inspector general investigations.

Biz’s extensive FCPA compliance experience includes leading numerous internal investigations in the United States as well as India, China, and Israel. Biz’s practice also includes clients who have been the targets of DOJ search warrants and grand jury investigations as well as parallel SEC investigations. She has had more than 100 jury trials and has counseled clients on the pros/cons of government plea arrangements, Deferred Prosecution Agreements (DPAs), Non-Prosecution Agreements (NPAs), and voluntary disclosures. Biz has also developed internal Codes of Conduct and Anti-Corruption compliance training for multinational corporations. She has spoken at various conferences on the FCPA as well as the new UK Bribery Act.

As Deputy Chief of the Civil Division of the U.S. Attorney’s Office for the District of Columbia, Biz was tasked with the formation of the office’s Affirmative Civil Enforcement (ACE) program. During her tenure at the U.S. Attorney’s Office, Biz was a member of the Department of Justices ACE Working Group and the Attorney General’s Healthcare Taskforce. Biz is in a small pool of FCA defense attorneys who have jury trial and appellate experience in qui tam matters, including U.S. ex rel. Totten v. Bombardier and Envirorac, Inc. and United States ex rel DRC, Inc. v Custer Battles.

Chambers USA noted that Biz is praised for her ability to be “really creative on behalf of her clients,” and one source enthused that “her representation is worth its weight in gold.” In naming her one of Washington, D.C.’s top criminal defense lawyers, Washingtonian magazine described Biz as someone to call if “you find yourself drawn into an awkward congressional investigation, or worse, a grand-jury investigation by the Justice Department or the U.S. Attorney’s office.”

Main Justice honored Biz with its Distinguished Service Award in the Zealous Advocates category in the first annual Main Justice Best FCPA Lawyers Client Service Awards.

Biz has taught evidence and trial practice as an adjunct professor at Georgetown University Law Center. She also has taught at National Institute for Trial Advocacy (NITA) trial and deposition workshops and at the Attorney General’s Advocacy Institute. In addition, she is a frequent speaker at the ABA Health Care Fraud and Qui Tam Institutes.

Since 2000, Biz has served as vice chair of the Procurement Fraud Committee of the American Bar Association, where she is currently a member of the Section on Public Contract Law. She is also a member of the National Association of Criminal Defense Lawyers and the Assistant U.S. Attorney Association.

Experience

False Claims Act

Acted as lead counsel in both trial and appellate qui tam and FCA cases.
Represented a client against allegations that the client had violated the False Claims Act by delivering allegedly defective rail cars and submitting invoices for payment from an account that included federal funds.
Secured dismissal of a qui tam action filed against our client, a provider of mortgage lender processing services, alleging violations of the federal False Claims Act, as well as those from almost two dozen states, stemming from allegedly faulty assignments created in connection with mortgage-backed-securities trusts. In dismissing the action, the federal district court accepted the argument that the relator had not offered specific facts necessary to plead that the allegedly fraudulent scheme resulted in the submission of specific false claims nor did she plead allegations sufficient to create a reasonable inference that false claims necessarily were submitted. This result was affirmed by the U.S. Court of Appeals for the Fourth Circuit.

News

Without ‘Smoking Gun,’ Feds Face Tough Menendez Retrial

January 22, 2018

Biz Van Gelder, a member of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, discusses the challenges of convincing a jury when a case lacks “smoking gun” evidence in Law360.

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.

After mistrial, Menendez speaks of ‘resurrection,’ but joy may be short-lived

November 16, 2017

Biz Van Gelder, a member of Cozen O’Connor’s Criminal Defense & Internal Investigations Practice Group, discusses Senator Robert Menendez’s months-long bribery trial in The Washington Post.

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.

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.

Barbara Van Gelder Discusses Immunity in Hilary Clinton's Email Scandal Case

March 03, 2016

Biz Van Gelder, a member of Cozen O'Connor's Criminal Defense & Internal Investigations practice, discusses the use of immunity in Hilary Clinton's email scandal case in the New York Times.

Biz Van Gelder Mentioned In New York Times

February 12, 2016

Biz Van Gelder, a member of Cozen O'Connor's Criminal Defense & Internal Investigations practice, was mention in the New York Times following Dickstein Shapiro's merger with Blank Rome.

Veteran White Collar Defense Attorney Barbara “Biz” Van Gelder Joins Cozen O’Connor’s Growing D.C. Office

February 01, 2016

Cozen O’Connor is pleased to welcome Barbara “Biz” Van Gelder as a member of its growing Criminal Defense & Internal Investigations practice in Washington, D.C. She joins Cozen O’Connor from Dickstein Shapiro LLP, where she was senior counsel and leader of the firm’s Congressional Investigations Practice.

Barbara "Biz" Van Gelder and Nicole Sprinzen Mentioned in The Washington Post

January 31, 2016

Barbara "Biz" Van Gelder and Nicole Sprinzen, both members of Cozen O'Connor's Criminal Defense & Internal Investigations practice, were mentioned following their move to Cozen O'Connor.

Barbara "Biz" Van Gelder's Move to Cozen O'Connor Mentioned on Bloomberg.com

January 29, 2016

Biz Van Gelder, a member of Cozen O'Connor's Criminal Defense practice, was mentioned on Bloomberg.com following her move to the firm.

Barbara Van Gelder's Move to Cozen O'Connor Mentioned in Law360

January 22, 2016

Barbara "Biz" Van Gelder, a member of Cozen O'Connor's Criminal Defense practice, was mentioned in Law360 following her move from Dickstein Shapiro.

Barbara "Biz" Van Gelder's Move to Cozen O'Connor Mentioned in The National Law Journal

January 21, 2016

Barbara "Biz" Van Gelder, a member of Cozen O'Connor's Criminal Defense practice, was mentioned in the National Law Journal following her move to the firm.

Two New Department of Justice Memoranda Strengthen False Claims Act Qui Tam Action Defenses [Criminal Defense & Internal Investigations Alert]

January 26, 2018

Randy Seybold and Biz Van Gelder discuss the DOJs January 10 and January 25 memos and what they mean for FCA qui tam defendants.

FERC’s Enforcement Appetite Makes Compliance Key

December 19, 2016

Robert Fallon, Barbara Van Gelder and Nicole Sprinzen discuss recently released white papers from the Federal Energy Regulatory Commission in Law360.

The Memos and the Escobar Materiality Analysis	Washington, D.C.	02/28/2018
Corporate Counsel Conclave: Responding to Government Investigations	Washington, D.C.	04/03/2017
11th National Institute on the Civil False Claims Act and Qui Tam Enforcement	Washington, DC	06/08/2016

Practice Areas

Criminal Defense & Internal Investigations

Education

Emory University School of Law, J.D., 1976
Boston University, B.A., 1972

Awards & Honors

Chamber 2016-2017

Best Lawyer in America 2008-2018

“Top Lawyer” for criminal defense - white collar, Washingtonian magazine 2017

Bar Admissions

Court Admissions

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