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DCG Hires Trump Former Attorney to Fight NY Lawsuit

2 mins
Updated by Geraint Price
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In Brief

  • The Digital Curency Group enlisted one of the most esteemed white-collar lawyers to defend against allegations it defrauded investors.
  • Barry Berke was involved in both Donald Trump impeachment trials and has successfully defended prominent individuals with novel ideas.
  • In a recent Deutsche bank broker case, Berke used role-playing to undermine the prosection's case during a four-day questioning stint.
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Digital Currency Group has tapped former Donald Trump impeachment lawyer Barry Berke to fight a lawsuit filed by the New York Attorney General (NYAG). Berke was involved in both Trump impeachment trials.

Berke was appointed two weeks after NYAG Letitia James sued DCG, its subsidiary Genesis, and Gemini exchange for an alleged $1.1 billion fraud. DCG has denied the allegations and vowed to contest them.

Ex-Trump DCG Lawyer Berke’s Resume

According to a source from the US legal ranking firm, Chambers USA, Berke is a skilled defense lawyer who excels at protecting his clients and helping them manage a crisis. In the second Trump impeachment, he built an investigative framework that saw Trump impeached for alleged collusion with Ukraine to investigate former vice-president Joe Biden.

Berke also defended former New York City Mayor Bill de Blasio against federal and local charges in 2017. He recently secured the dismissal of bribery and fraud charges against former New York Lieutenant Governor Brian Benjamin.

Berke is the second high-profile DCG hire after its digital asset subsidiary Grayscale Investments (Grayscale) hired ex-Obama lawyer Donald B. Verrilli Jr. Verrilli successfully argued that the US Securities and Exchange Commission’s rejection of Grayscale’s Bitcoin exchange-traded fund (ETF) application was arbitrary and capricious.

Read more: Who Is Barry Silbert, Founder of Digital Currency Group (DCG)?

Berke Flair Could Unsettle NYAG Case

The judge in the Grayscale case scolded the SEC for using poor legal reasoning in denying the fund’s ETF application. Similarly, If the NYAG doesn’t prepare well, Berke’s novel questioning methods could dismantle the case within days.

New York and California lead crypto litigation
New York and California lead crypto litigation (Late 2022) | Source: Yale Journal on Regulation

In 2011, Berke defended a former Deutsche Bank broker against charges of marketing fraudulent tax shelters. Berke engaged state witnesses in role-playing-type questioning over four days to successfully undermine the prosecution’s case.

Read more: How to Reduce Your Crypto Tax Liability: A Comprehensive Guide

The prosecution successfully convicted those Berke did not represent. According to Paul H. Schoeman, who worked with Berke on the case,

“He is really creative and inventive in his thinking, and he combines that with incredible preparation and hard work. It’s not just a good idea; it’s well executed.”

Do you have something to say about DCG hiring Trump lawyer Barry Berke for its NYAG lawsuitor anything else? Please write to us or join the discussion on our Telegram channel. You can also catch us on TikTokFacebook, or X (Twitter).

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David Thomas
David Thomas graduated from the University of Kwa-Zulu Natal in Durban, South Africa, with an Honors degree in electronic engineering. He worked as an engineer for eight years, developing software for industrial processes at South African automation specialist Autotronix (Pty) Ltd., mining control systems for AngloGold Ashanti, and consumer products at Inhep Digital Security, a domestic security company wholly owned by Swedish conglomerate Assa Abloy. He has experience writing software in C...
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