Profile
David G. Barger focuses his practice on white collar criminal defense, government investigations, including Foreign Corrupt Practices Act (FCPA) investigations, corporate compliance, including FCPA compliance, criminal and civil tax and FBAR matters, and complex commercial litigation. His practice includes representing companies and individuals in civil and criminal government investigations often involving government contract issues; and handling complex civil litigation and trials, in both state and federal courts in such areas as commercial transactions, construction, government contracts, employment and real estate.
Mr. Barger is head of the Northern Virginia Litigation Practice. His representation has included corporations, corporate executives and professionals such as attorneys, accountants and physicians in fields such as environmental matters, FCPA matters, health care, criminal tax, public official investigations, copyright and trademark, securities and SEC matters, appellate representations, government contracts, and immigration. He has over 35 years of experience as a trial attorney in complex litigation and has tried well over 100 cases.
Mr. Barger was a federal prosecutor in the EDVA Fraud Section and the Department of Justice for approximately 16 years. He was lead counsel in hundreds of cases involving complex fraud issues.
While working as an assistant U.S. attorney, he handled fraud investigations and prosecutions throughout the district, including Alexandria, Norfolk and Richmond, Virginia. He also served as the coordinator for the Environmental Crimes Task Force for the district and the ethics officer and professional responsibility officer. From February 1998 to September 1999, he was detailed to the Office of the Independent Counsel, the Honorable Kenneth W. Starr, where he supervised the Alexandria Office from July 1998 to September 1999 and handled certain high profile investigations and prosecutions. Mr. Barger was the lead prosecutor and supervisor of the investigative and trial team in the criminal tax prosecution of United States v. Webster L. Hubbell, et al. From 1984 to 1989, Mr. Barger was a trial attorney for the Department of Justice, Tax Division, Criminal Tax Section where he investigated and tried numerous criminal tax cases throughout the U.S. From 1981 to 1984 he was an assistant professor of political science and law at James Madison University.
He is an adjunct faculty member of Catholic University’s Columbus School of Law and has taught criminal trial procedure since 1998.
Concentrations
- Litigation
- Government contracts litigation
- Complex Business Litigation
- Government & White Collar Investigations
- Foreign Corrupt Practices Act investigations, prosecutions, and compliance
- Tax Controversy
- Worksite Enforcement & Immigration Compliance
- Environmental Law & Climate Change
- Hospitals & Long Term Care
- Nursing Homes/Assisted Living Facilities/Other Residential Care Providers
- Physician Groups and Medical Staffs
- Construction
- Unfair Business Practices
Capabilities
Experience
- United States v. Webster L. Hubbell et al. - Independent counsel investigation of former Attorney General
- United States v. Cecil Jacobson, 4F.3d 987 - Prosecution of fertility doctor
- United States v. Aramony, 88F.3d 1369 - Prosecutor of former head of United Way
- United States v. Moore, 27F.3d 969 - Former EPA employee fraud prosecution
- United States v. Sullivan, 906 F.2d 1532 - Ill wind prosecution
- United States v. Bryan, 896 F.2d 68 - Multimillion dollar tax shelter prosecution
- United States v. Kilzpatrick, 726 F.Supp. 789 - 100 million dollar tax shelter prosecution
- United States v. Mitchell, 985 F.2d 1275 - Department of Interior scientist prosecution
- United States v. Hirschfield, 964 F.2d 318 - Prosecution of attorney on tax and securities fraud
- Successfully represented Lord & Taylor LLC as co-counsel in a dispute with White Flint, L.P. in Maryland federal court. The jury awarded $31 million in damages to Lord & Taylor for its lost profits. The award is believed to be the largest verdict in the federal court in Greenbelt, Maryland.
- Represented public and privately held corporations in federal government contract investigations.
- Represented corporations and executives in FCPA investigations and prosecutions and provided FCPA compliance analysis and advice, including high profile FCPA prosecution.
- Represented public officials in various high profile federal inquiries and cases.
- Represented companies and individuals in various federal environmental matters in the EDVA and WDVA in areas such as Clean Water Act and Clean Air Act.
- Represented public companies and individuals in SEC private and public inquiries and investigations.
- Represented Fortune 500 Automobile Finance Company in complex state and federal litigation.
- Represented Service Industry Company in copyright and unfair competition state and federal litigation.
- Represented Fortune 500 Construction Company in numerous state, federal and arbitration matters.
- Represented Fortune 100 banking and finance companies in federal lending litigation matters.
Recognition & Leadership
- Listed, The Best Lawyers in America, Criminal Defense: White-Collar, 2008-2024
- Listed, Super Lawyers magazine, Virginia Super Lawyers, 2007-2023
- Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2008-2022
- Team Member, a Law360 “Environmental Practice Group of the Year,” 2022
- Member, Winning Team, Global M&A Network’s Turnaround Atlas Awards, “Cross Border Special Situation M&A Deal (Small-Mid Markets)” for the Chapter 11 reorganization and asset sale of Premier Exhibitions, 2019
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Environmental Law, 2016
- Listed, National Law Journal, Top 100 Verdicts in 2015 – Lead Counsel for Lord & Taylor, LLC
- Listed, Chambers USA Guide, Litigation, 2009-2014
- Listed, Virginia Business magazine, "Legal Elite"
- Recipient, Numerous awards while with the Department of Justice and the United States Attorney's Office, EDVA
- Rated, AV Preeminent® 5.0 out of 5.0
- Member, American Bar Association, Criminal Justice and Taxation Sections
- Member, Bar Association of the District of Columbia
- Member, Maryland State Bar Association
- Member, Virginia State Bar, Criminal Law Committee, Chair, (2003-2004)
- Member, Arlington Diocese
- Member, Catholic University, Columbus School of Law - Adjunct Professor
- Former Coach, CYO Basketball
Credentials
- J.D., cum laude, University of Maryland School of Law
- M.S.J.A., University of Denver Sturm College of Law
- B.A., cum laude, University of Maryland, College Park
- District of Columbia
- Maryland
- Virginia
- Supreme Court of the United States
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. District Court for the District of Columbia
News, Insights & Events
David is a contributor to the Consumer Products Counselor Blog 