Jim Bowman

Los Angeles

Jim Bowman, a partner at O'Melveny & Myers LLP, was a federal prosecutor and had roles such as deputy chief of the major frauds section and as the securities fraud coordinator in the U.S. Attorney's Office in Los Angeles. The experience equipped him with a deep understanding of public corruption, campaign finance and health care fraud matters.

More recently, he led the defense for private equity investor Tom Barrack in a high-profile federal criminal case where he was charged with acting as an undisclosed foreign agent for the United Arab Emirates. U.S. v. Al Shahhi et al., 1:21-cr-00371 (E.D. N. Y., filed July 16, 2021).

"Far from being a foreign agent, Barrack was an international businessman whose company relied on him to develop relationships with influential foreign investors -- precisely the conduct the government relied on for its charges," Bowman said.

After a seven-week trial, Barrack was acquitted on all counts last November.

This case was significant due to its unprecedented nature, involving a new interpretation of a law traditionally used for espionage and foreign influence cases, Bowman said.

The government's aggressive use of Section 951 in this instance set a precedent for its application in alleged foreign influence cases, he added. The jury's quick decision to acquit Barrack on all charges, including several false statement charges, underscores the importance of having a clear and incontrovertible record in such cases.

Bowman had to overcome numerous challenges, particularly the government's control over the timing of charges and public narrative. He successfully navigated the disadvantages posed by the government's early advantage, the restrictions on Barrack's pretrial preparation and the one-sided news accounts that initially framed the public perception of the case.

"As an indicted defendant, Barrack faced significant risks from any pretrial public statement disputing these allegations," Bowman said. "Accordingly, most news accounts of the charges were one-sided and credited unproven and inaccurate allegations made by the government. The government's approach thus gave it a major advantage early in the case -- with the court, with the public, and with restrictions on Barrack's ability to prepare for trial."

Looking ahead, Bowman anticipates continued aggressive prosecution by the DOJ in matters involving foreign relationships.

"We fully expect the government will continue to pursue criminal FARA and Section 951 charges aggressively, as it has demonstrated with several new indictments this year. In cases where the evidence establishes a foreign agency relationship or espionage, those statutes can be an important tool to protect our country from improper influence," he said. "But the DOJ's expanded use of these laws to address commercial interactions will likely increase the number of matters where no pre-indictment disposition is reached and charges are filed, as well as cases that go all the way to trial. This enforcement posture from DOJ also increases the need for C-suite executives involved in soliciting foreign investment, and who engage with foreign leaders, to seek counseling regarding actions and communications that may trigger DOJ scrutiny."