Mark de Barros
Associate
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Mark de Barros is an associate in Ropes & Gray’s Litigation and Enforcement practice group. Mark is a U.S. and French qualified lawyer with broad experience in criminal law, comparative law, international litigation, and human rights. His current practice focuses on anti-corruption, anti-money laundering, export controls and trade compliance. Mark represents individuals and corporations in investigations and enforcement matters brought by various governmental authorities including the U.S. Department of Justice and the U.S. Securities and Exchange Commission, and advises on actions conducted by foreign entities such as Brazil’s Public Prosecution Service (Ministério Público Federal) and France’s Anti-Corruption Agency (Agence Française Anticorruption) and National Financial Prosecutor (Parquet National Financier).
Before joining Ropes & Gray, Mark served as a Legal Adviser for the Anti-Corruption Division and Working Group on Bribery of the Organization for Economic Cooperation and Development (OECD) in Paris, France. Prior to the OECD, Mark worked for the U.S. Department of Justice’s Criminal Division, Office of International Affairs, where he assisted with international investigations and prosecutions. Mark’s previous roles include teaching law and conducting research as a Fulbright scholar at the Université Paris II Panthéon-Assas, working as a Legal Fellow for Human Rights Watch, and clerking for a judge at the International Criminal Court in The Hague, Netherlands. Prior to law school, Mark served as a program director of a grassroots NGO in Rio de Janeiro, Brazil and taught high school in Montpellier, France.
A native of Brazil and the United States, Mark is admitted to practice law in New York, Washington, D.C. and Paris (avocat à la Cour) and is eligible to appear as assistant counsel in proceedings before the International Criminal Court.
Experience
- Served as core team member in support of Independent Compliance Monitor appointed by DOJ and SEC in connection with FCPA settlement.
- Acting as U.S. counsel to Brazilian executive in multijurisdictional criminal investigation conducted by the Brazilian Federal Prosecution Service (Ministério Público Federal) and the U.S. Department of Justice.
- Conducted internal investigations on behalf of client into allegations of bribery involving a pharmaceutical company in South America.
- Conducted internal investigation, including onsite interviews and transaction testing, on behalf of client involving allegations of bribery and violations of company policy in Sub-Saharan Africa.
- Advising Brazilian portfolio company of large private equity firm regarding the implementation and monitoring of its compliance program.
- Counseling Brazilian subsidiary of multinational energy company on anti-corruption compliance matters relating to the renewable sector in Latin America.
- Conducted deep dive in-country risk assessment and post-acquisition diligence for global energy company operating in high-risk market.
- Conducts proactive anti-corruption and anti-money laundering risk assessments for multinational companies seeking to identify, address, and mitigate risks across global operations.
- Regularly conducts anti-corruption and anti-money laundering training and risk assessments for French and Brazilian companies subject to U.S. and European jurisdiction.
- Regularly conducts pre-acquisition anti-corruption, anti-money laundering, and sanctions due diligence for large private equity firms and other clients in high-risk jurisdictions, including assisting with post-acquisition implementation of enhanced compliance controls.
- As a Legal Adviser for the OECD Working Group on Bribery, conducted on-site visits to Member countries of the OECD Anti-Bribery Convention to gather evidence on countries’ implementation and enforcement of the Convention, including co-coordinating and co-leading panels with prosecutorial, judicial and investigative authorities, as well as members of the private sector and civil society.*
- Co-coordinated efforts to develop and establish the Latin America and Caribbean Anti-Corruption Law Enforcement Officials’ Network (LAC LEN), the first-ever mechanism of its kind dedicated to bringing together anti-corruption prosecutors region responsible for investigating and prosecuting anti-bribery laws.*
- Advised the Government of Greece on the implementation of several components of its National Anti-Corruption Action Plan, including making recommendations for legislative reforms of Greece’s anti-corruption framework.*
- While at the DOJ, assisted U.S prosecutors and law enforcement agencies on international facets of a wide array of criminal prosecutions, including matters such as foreign bribery, fraud, sanctions, terrorism and violent crime.*
- Member of team that represented European client in arbitration against Brazilian joint venture partner in a commercial dispute governed by Brazilian law.*
- As a Legal Fellow at Human Rights Watch, served as member of team that represented victims of crimes against humanity and war crimes committed during former Chadian President Hissène Habré’s rule.*
- Assisted in the successful representation of victims of human rights violations committed in Colombia in proceedings before the Inter-American Court of Human Rights.*
- Assisted in the drafting of decisions and orders issued by the Pre-Trial and Trial Chambers of the International Criminal Court, including in proceedings such as The Prosecutor v. Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi and The Prosecutor v. Jean-Pierre Bemba Gombo.*
* Experience prior to joining Ropes & Gray
Publications
- Co-author, “France’s National Bar Council Publishes Guidelines on Internal Investigations,” Ropes & Gray Alert (September 9, 2020)
- Co-author, “OECD Working Group on Bribery Assesses the Performance of Colombia and Costa Rica,” The Anti-Corruption Report (June 10, 2020)
- Co-author, “Garantindo compliance e integridade habituais, mesmo sem os negócios habituais na América Latina,” Ropes & Gray Alert (June 5, 2020)
- Co-author, “France’s Anti-Corruption Agency Publishes Guidance on Its Enforcement Activity During COVID-19 Crisis,” Ropes & Gray Alert (April 17, 2020)
- Co-author, “Costa Rica Enacts Corporate Criminal Liability for Acts of Bribery; Enforcement May Soon Follow,” Ropes & Gray Alert (October 4, 2019)
- Co-author, “France’s National Financial Prosecutor and Anti-Corruption Agency Issue Joint Guidelines on Corporate Settlement Mechanisms,” Ropes & Gray Alert (August 14, 2019)
- Co-author, “Firing on All Cylinders: What to Expect in the PDVSA Investigation and How Companies Should Respond,” The Anti-Corruption Report (May 1, 2019) (Part 2 of 2)
- Co-author, “Firing on All Cylinders: U.S. Enforcement Efforts Against Venezuelan State-Owned Oil Company PDVSA,” The Anti-Corruption Report (April 17, 2019) (Part 1 of 2)
- Co-author, AMLO in Office: A New Dawn in Mexico’s Fight Against Corruption?, Ropes & Gray Alert (January 8, 2019)
- Co-author, Implementing the OECD Anti-Bribery Convention: Phase 4 Report on Mexico, OECD Working Group on Bribery (2018)
- Contributing author, Integrity for Good Governance in Latin America and the Caribbean: From Commitments to Action, OECD (2018)
- Co-author, Anti-Corruption Guidelines on Compliance, Internal Controls and Ethics for Companies in Greece, OECD (2018)
- Co-author, Review of Legal and Regulatory Asset Recovery Framework in Greece, OECD (2018)
- Co-author, Les Inspections de Concurrence: L’Union Européene, France, Allemagne, Italie, Etats-Unis, Éditions Panthéon-Assas (2017)
- Co-author, Guidelines to Practitioners on Seeking Mutual Legal Assistance in Corruption Cases, OECD (2017)
- Assistant Editor, The International Criminal Court in Search of its Purpose and Identity, Routledge (2014)
Presentations
- Speaker, “On the Ropes: Enforcement Risk Roundtable: Perspectivas sobre o Combate à Corrupção no Brasil (Perspectives on the Fight Against Corruption in Brazil),” Ropes & Gray Podcast (October 15, 2020)
- Speaker, “COVID-19: Anticorrupção no Brasil: Uma Conversa com Autoridades do Ministério Público Federal e da Controladoria-Geral da União,” Ropes & Gray Podcast (June 16, 2020)
- Panelist, “O Impacto de uma Crise Global para Compliance Anticorrpção,” TRACE International Webinar (June 2020)
- Panelist, “Corruption in Relation to Economic Inequality and its Effect on Development in Latin America,” Edinburgh Latin America Forum, University of Edinburgh (February 2018)
- Moderator, “International Standards and Tools Relating to Asset Recovery,” OECD – Ministry of Justice of Greece, Training and Capacity-Building Workshop, Athens, Greece & Thessaloniki, Greece (November 2017)
- Panelist, “Getting the Evidence You Need: Essential Elements of MLA Requests,” OECD – Ministry of Justice of Greece, Workshop, Athens, Greece & Thessaloniki, Greece (June 2017)
- Presenter, “Direct International Cooperation, Spontaneous Exchange of Information and Informal Cooperation Tools,” OECD Working Group on Bribery - Latin America Law Enforcement Officials’ Meeting, Paris, France (June 2017)
Education
- LLM, Université Paris II Panthéon-Assas, 2014; Fulbright Research Scholar
- JD, The George Washington University Law School, 2012; George Washington Merit Scholar; Member, George Washington Journal of International Law in Domestic Courts; Student Attorney, International Human Rights Clinic
- Certificate in International Human Rights Law, University of Oxford, 2010
- BA (Political Science & French), summa cum laude with Honors, The University of Arizona, 2008; Phi Beta Kappa; University Honors College; Study Abroad in Ukraine
