Barry H. Berke - Kramer Levin

Barry H. Berke
                                    Partner, Chair, Litigation

                                    New York

                                    T 212.715.7560
                                    F 212.715.7660

                                    bberke@kramerlevin.com

Barry H. Berke is a nationally renowned trial lawyer who is routinely recognized as one of the
leading trial lawyers and white collar criminal defense attorneys in the country. Barry represents
individuals and corporations in sensitive and high-profile trials, investigations, complex litigation
and internal investigations.

Barry recently served as chief impeachment counsel to the U.S. House of Representatives in the
Senate impeachment trial of the former president of the United States. During the trial, Barry
served as lead counsel and helped the House managers prepare and present a case that was widely
recognized for its precisely choreographed and persuasive presentment of the factual evidence and
constitutional arguments.

Previously, Barry served as special counsel to the Judiciary Committee of the U.S. House of
Representatives in connection with its first investigation and impeachment of the former president
of the United States. In addition to helping build the investigative framework and develop and draft
the articles of impeachment, Barry played a prominent public-facing role in the House
impeachment hearings, where he gave the opening statement for the committee and questioned
key witnesses to much acclaim. Among the recognition he received, The Washington Post named
him “Distinguished Person of the Week” on the basis of his cross-examination of the president’s
former campaign manager, which Slate described as “a cross-examination that should be
mandatory viewing for every law student in the history of time.”

Barry is widely recognized for his success and creativity as a trial lawyer and strategist, his ability to
connect with and persuade juries, and his skills in protecting his clients. Quoting his
peers, Chambers USA has described him as a “preeminent trial lawyer” and “the go-to criminal
defense lawyer in the country,” who is known for his “strategic ingeniousness,” “incredibly sharp
legal mind” and “great connection with juries.” He was also commended for having “a blend of real
legal smarts, common sense and a terrific courtroom presence,” being “absolutely masterful at
protecting his clients,” and being “very persuasive.” “In addition to being the strongest white-collar
trial lawyer out there,” said another Chambers source, “he has fantastic skills in dealing with

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distressed clients and navigating them through a crisis.” Legal 500 called Barry “phenomenal” and
“one of the most high-profile and sought-after white-collar attorneys in New York” and selected him
to be in its Leading Trial Lawyers Hall of Fame. Benchmark Litigation has consistently named him a
litigation star and “the go-to guy for white collar trial work.” Barry was named in 2010 and
2014 – 2021 as one of the Top 10 Lawyers in New York across all practice areas by Super Lawyers. He
was selected as the Am Law Litigation Daily’s Litigator of the Week for April 23, 2015, and May 27,
2011.

Barry’s 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 successfully representing the former mayor of New York City, Bill
de Blasio, in connection with federal and local investigations.

A fellow of the American College of Trial Lawyers, Barry 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, trial and other issues at a variety of other
law schools, bar associations and forums.

Barry is chairman of the board of directors of the Coalition for the Homeless and is a member and
former chairman (2014 – 2016) of the board of directors of the Federal Defenders of New York Inc. He
was also appointed by Mayor Bill de Blasio as his designee on Lincoln Center’s board of directors,
and is a member of the board of advisers of the Mayor’s Fund to Advance New York City.

Prior to joining Kramer Levin, Barry was a trial lawyer with the federal defenders office for the
Southern District of New York. 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.

Experience
 Represented CBS Corp. in the successful resolution of an arbitration dispute with former CEO
  Leslie Moonves, resulting in dismissal of the arbitration proceeding and a $120 million grantor
  trust reverting to CBS in its entirety.

 Represented former New York City Mayor Bill de Blasio in federal and local criminal investigations
  that were successfully concluded with no charges brought or any other actions taken.

 Represented 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, all charges against our client were dismissed.

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                        2

 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 2nd Circuit ruling in a related case, which 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 ten-week trial.

 Represented the head of a multibillion-dollar investment fund, and succeeded in clearing him of
  all charges, in an indictment alleging that he conspired to bribe the president of Azerbaijan in
  connection with the privatization of the state-owned oil company, in violation of the Foreign
  Corrupt Practices Act.

 Represented JP Morgan Bear Stearns Asset Management in the first bank-against-bank lawsuit
  arising out of the financial crisis, and won dismissal of all claims prior to trial in the federal action
  brought by Bank of America seeking to recover $3 billion in losses.

 Conducted internal investigations on behalf of boards of directors and audit committees of many
  public and private companies, including Moody’s, AIG, Bear Stearns and DoubleClick.

 Represented the general counsel of a company charged with violating federal immigration and
  labor laws. Following successful motions to sever and limit the charges, all charges were
  dismissed on the eve of trial and the client has resumed the private practice of law.

 Represented a lawyer who was charged with participating in a multimillion-dollar securities
  arbitrage fraud. Following a two-month trial, the jury returned a verdict acquitting his client on
  all 23 counts.

 Represented the president of an investment company charged with engaging in a $60 million
  bond fraud. All charges were dismissed following the close of the government’s case at trial.

 Represented an accountant and officer of a Fortune 20 company in an accounting fraud
  investigation by the SEC. Following the issuance of two Wells submissions, Barry successfully
  persuaded the SEC to not file any charges against his client.

 Represented a doctor, who eventually avoided criminal prosecution, regained his medical license
  and resumed the practice of medicine, in a health care fraud case that received widespread
  media attention.

 Represented the owner of a 1933 Double Eagle gold coin, believed to be the rarest and most
  valuable coin in the world, that the U.S. government claimed was stolen government property.

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                           3

After successfully persuading the government to dismiss criminal charges, Barry represented the
  coin dealer in a protracted civil forfeiture proceeding that resulted in a landmark settlement on
  the eve of trial, whereby the coin was auctioned for a record $7.6 million and the proceeds divided
  between his client and the government.

 Represented a well-known law firm in an arbitration brought by a former partner, achieving a
  significant decision that upheld the enforceability of the firm’s partnership agreement and
  noncompete provisions.

 Represented a businessman at the center of the state of Connecticut treasurer’s office corruption
  scandal and, with co-counsel, successfully persuaded the government to end its investigation
  and criminal prosecution of the client.

 Represented a former officer of a leading investment bank alleged to have participated in a fraud
  involving hundreds of millions of dollars, and successfully persuaded the U.S. attorney’s office for
  the Southern District of New York to drop criminal charges against him.

 Represented world-champion boxers and others in the boxing profession in high-profile
  arbitrations and court proceedings, all of which Barry won on behalf of his clients.

Perspectives
Publications
 Co-author, President Biden Issues Executive Order Framing His Administration’s Approach to
  Regulating Digital Assets (March 16, 2022)

 Co-author, Cryptocurrency Firm BlockFi Reaches $100 Million Settlement with SEC over
  Cryptocurrency Lending Program (Feb. 22, 2022)

 Co-author, New SEC Enforcement Division Director Signals Policy Shifts, Including Potential
  Emphasis on Admissions of Wrongdoing (Oct. 26, 2021)

 Co-author, DOJ and SEC Release New Edition of FCPA Resource Guide (July 15, 2020)

 Co-author, Supreme Court Unanimously Overturns ‘Bridgegate’ Scandal Convictions, Declines To
  Endorse Broad Interpretation of Property Under Federal Statutes (May 11, 2020)

 Co-author, COVID-19 Legal Resource Guide, Oversight of the CARES Act: Regulatory and
  Litigation Issues to Consider (April 02, 2020)

 Co-author, COVID-19 Legal Resource Guide, Update: Massachusetts and Ohio Join New Jersey in
  Considering Expanded Business Interruption Insurance Coverage (April 02, 2020)

 Co-author, COVID-19 Update: Litigation Issues in the Midst of COVID-19 (March 25, 2020)

 Co-author, COVID-19 Legal Resource Guide, Litigation Issues in the Midst of COVID-19 (March 25,
  2020)

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                      4

 Co-author, Is this the Beginning of the End for Trump? (Dec. 07, 2018)

 Co-author, What Cohen’s Deal Means for Trump (Nov. 29, 2018)

 Co-author, Considering collusion: A primer on potential crimes (Nov. 01, 2018)

 Co-author, Manafort folds. Now what? (Sept. 14, 2018)

 Co-author, Presidential obstruction of justice: The case of Donald J. Trump - 2nd edition (Aug. 22,
  2018)

 Co-author, What the Manafort Verdict Means (Aug. 21, 2018)

 Co-author, Why Trump is Wrong on the Comey Report (June 14, 2018)

 Co-author, Did Trump Obstruct Justice? (Jan. 05, 2018)

 Co-author, DOJ Policies on Corporate and Individual Prosecutions Should Be Reconsidered,
  Recalibrated (Dec. 11, 2017)

 Co-author, Manafort Indictment is Bad News for Trump (Oct. 30, 2017)

 Co-author, Presidential Obstruction of Justice: The Case of Donald J. Trump (Oct. 10, 2017)

 Co-author, An End to Cat-and-Mouse Discovery Games in Federal Criminal Cases? (July 10, 2012)

Speaking Engagements
 Panelist, Federal Bar Council’s The Rule of Law: Protecting the Life Cycle of Your Presidential Vote
  from Registration to Certification (May 08, 2021)

 Speaker, High Crimes and Misdemeanors: Impeachment 2.0 (April 08, 2021)

 Speaker, New York City Bar Association’s “Giants” of the Criminal Trial Bar: Winning Strategies
  Webcast (March 17, 2021)

 Moderator, New York City Bar Association: Corporate Counsel Symposium – What Lawyers Can
  Expect in the Next Presidential Term (Dec. 04, 2020)

 Speaker, New York Council of Defense Lawyers’ Special Event: An Insider’s Account of the
  Presidential Impeachment Process (Oct. 08, 2020)

 Speaker, New York City Bar Association: White Collar Litigation Trends (Jan. 23, 2019)

 Moderator, NACDL’s Defending the White Collar Case: In & Out of Court (Nov. 09, 2018)

 Speaker, Practising Law Institute's White Collar Crime 2017: Lessons Learned from Recent White
  Collar Trials (Oct. 04, 2017)

 Speaker, Second Circuit Judicial Conference (June 08, 2017)

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                      5

 Speaker, Sixth Annual White Collar Crime Institute (May 11, 2017)

 Moderator, NACDL’s 12th Annual White Collar Seminar: Defending the White Collar Case: In and
  Out of Court (Oct. 26, 2016)

 Moderator, White Collar Crime 2016: Prosecutors and Regulators Speak (Sept. 30, 2016)

 Speaker, Thomson Reuters Legal Executive Institute: Defending Corporations and Individuals in
  Government Investigations Conference (Dec. 10, 2015)

 Speaker, NACDL's 10th Annual White Collar Seminar: Defending the White Collar Case: In and Out
  of Court (Nov. 06, 2014)

 Speaker, PLI’s From the Trenches: High Profile Trials 2014: United States v. Michael Steinberg:
  Insider Trading Trial Alleging SAC Portfolio Manager Steinberg and Others Traded Based on
  Inside Information (Sept. 29, 2014)

 Speaker, PLI’s White Collar Crime 2014: Lessons Learned from Recent White Collar Trials (Sept. 23,
  2014)

 Speaker, ABA National Institute on White Collar Crime: Insider Trading (March 06, 2014)

 Speaker, ABA National Institute on White Collar Crime: Trial Tactics in White Collar Cases: The Jury
  (March 07, 2013)

 Speaker, PLI’s White Collar Crime 2012: Prosecutors and Regulators Speak: Trial Tactics (Oct. 02,
  2012)

 Speaker, New York City Bar Association 1st Annual White Collar Crime Institute: How to Win at
  Trial: What Can be Learned From Recent Defense Verdicts (May 01, 2012)

 Speaker, New York City Bar Association: How Changes in the Federal Sentencing Guidelines
  Impact White Collar Fraud Cases (Nov. 17, 2011)

 Speaker, New York Council of Defense Lawyers Annual Retreat: Enforcement Trends in
  International Criminal Investigations (Sept. 24, 2011)

 Speaker, Federal Bar Council Program: Current Developments in the Investigation, Prosecution
  and Defense of Insider Trading Cases (Feb. 10, 2011)

 Speaker, Kramer Levin Seminar: What to Do When the SEC Calls (June 08, 2010)

 Speaker, SCCE Utilities & Energy Compliance & Ethics Conference: FCPA Violations: When to
  Investigate, Self-Report and Mount a Defense (Feb. 28, 2010)

Recognition
 Legalease’s Legal 500 US (2009 – 2022)

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                                      6

 Law Business Research Limited, Who's Who Legal (2022)

 Jewish Theological Seminary: Judge Simon H. Rifkind Award (2022)

 Lawdragon 500 (2013-2018, 2021-2022)

 Chambers and Partners’ Chambers Global (2011 – 2022)

 Euromoney Institutional Investor PLC’s Benchmark Litigation (2009 — 2022)

 City & State’s Law Power 100 (2021 — 2022)

 Citizens Union: Gotham Greats Award (2021)

 New York Council of Defense Lawyers: Norman S. Ostrow Award (2021)

 The National Law Journal’s 2020 Trailblazers: Litigation (2020)

 Chambers and Partners’ Chambers USA (2008 - 2022)

 Thomson Reuters’ New York Super Lawyers, Top 10 Lawyers List* (2010, 2014 – 2021)

 Gideon’s Promise Champion of the Community Award (2018)

 UJA Federation of New York, for professional and philanthropic achievements (2018)

 Milton Gould Award for Outstanding Oral Advocacy (2017)

 Law Business Research Limited, Who's Who Legal (2016-2017)

 City & State New York, 25 Manhattan Influencers You Need to Know (2017)

 Am Law Litigation Daily, Litigator of the Week (2011, 2015)

 Law360’s Most Valuable Player List (2011)

 The American Lawyer, Young Litigators Fab Fifty (2007)

Credentials
Education
 J.D., cum laude, Harvard Law School, 1989

 B.A., summa cum laude, Phi Beta Kappa, Duke University, 1986

Bar Admissions
 New York, 1989

Clerkships
 Honorable Mary Johnson Lowe, U.S.D.C., Southern District of New York, 1989-1990

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                    7

Court Admissions
 U.S.C.A., 2nd Circuit

 U.S.D.C., Eastern District of New York

 U.S.D.C., Southern District of New York

Professional Affiliations
 American College of Trial Lawyers, Fellow

 Coalition for the Homeless, Chairman, Board of Directors

 Federal Defenders of New York Inc., Board of Directors, former Chairman (2014 – 2016)

 Lincoln Center, Board of Directors (New York City mayor Bill de Blasio's designee)

 Mayor's Fund to Advance New York City, Board of Advisors

 City Bar Fund, Board of Directors (2007 – 2010)

 New York City Bar Association, Judiciary Committee (2002 – 2003); Committee on Criminal
  Advocacy (1999 – 2002); Special Committee on Representation in Capital Cases (1995 – 1998)

 American Bar Association National Association of Criminal Defense Lawyers

 New York State Association of Criminal Defense Lawyers

 New York University, Adjunct Professor (2003 – 2007)

 New York University, Adjunct Assistant Professor (1995 – 2003)

KRAMER LEVIN NAFTALIS & FRANKEL LLP                                                            8