Jason Barclay is a partner in the firm’s Litigation Department, where he specializes in complex, high stakes, and often high profile civil and criminal matters. He has been named one of the top five “rising star” white collar criminal defense attorneys in the country by Law360. The Indianapolis Business Journal recognized him in its 40 under 40 list “as one of the state’s top trial lawyers” and Benchmark Litigation described him as one of the nation’s up and coming young litigators.
Barclay has defended Fortune 500 companies, senior executives and public officials at all stages from criminal investigation through indictment, sentencing and appeal. Barclay has tried cases across the country in state and federal court, including matters involving alleged violations of federal criminal tax, environmental, racketeering, antitrust, and securities laws, among others. His recent experience includes:
- Represented Midwest real estate executive in his full acquittal by a federal jury on 13 fraud charges
- Represented one of the nation's largest wholesale drug distributors in a civil forfeiture trial against the DEA in Detroit, Mich. that resulted in a $1 million judgment against the U.S. government
- Assisted in the acquittal of a Kentucky businessman and former Transportation Secretary following a high profile month-long public corruption and bid rigging trial in federal court.
- Helped secure the full dismissal of both a criminal indictment and a $100M civil forfeiture action against a Fortune 500 company in the state’s largest-ever racketeering case.
- A decision to not file criminal or civil fraud charges following a 2-year long defense of the nation’s largest telecommunications company in a U.S. Department of Justice investigation billed as the nation’s largest federal E-rate program fraud.
- Defense of a senior telecommunications executive in a wide-ranging joint Department of Justice and Securities Exchange Commission securities fraud investigation that resulted in the indictment of 7 other senior executives.
- Assisted in a Rule 29 dismissal following trial convictions in federal court for Food, Drug, and Cosmetic Act misbranding violations.
Barclay also regularly leads internal investigations into fraud or other misconduct, including managing due diligence investigations and the implementation of internal controls under the Foreign Corrupt Practices Act (FCPA). He often prosecutes civil lawsuits to recover stolen assets and protect company trade secrets and commercial information. He has served as special counsel to cities and universities investigating misconduct within their organizations.
Barclay was previously Special Counsel and Policy Director to Indiana Governor Mitch Daniels. Barclay was the Governor’s policy director and general counsel in his 2004 campaign and advised the Governor in his first term on public safety, gaming, and enforcement matters. He drafted legislation that created the first-ever Office of Inspector General with criminal jurisdiction in the country. He coordinated criminal justice and legal policy for former Presidential candidate Rudy Giuliani’s 2008 campaign. He has also served as legal counsel to the Indiana Republican Party.
Barclay currently serves on the Board of Directors of the Indiana Sports Corporation and as a member of the Indiana Horse Racing Commission. He chairs the Board of D.A.R.E. Indiana and previously was the first-ever chair of the State Athletic Commission. He has served on local organizing committees for Final Fours, the U.S. Track and Field Championship, and the National Golden Gloves Tournament and was a member of the Duke University Athletic Council.
Barclay is a graduate of Duke University and the University of Virginia Law School. He and his wife, Sarah, live in Indianapolis with their two children, Annie and William.