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Jeffrey A. Cohen
Of Counsel

Jeffrey A. Cohen supervised ATF Attorneys in the East Region of the United States, ATF’s 10 Eastern Field Divisions from Boston through Miami as Associate and Assistant Chief Counsel for 30 years. During this period, he was ATF’s Senior Attorney assigned to tobacco enforcement matters including enforcement actions under the Prevent All Cigarette Trafficking (PACT) Act, 15 U.S.C. § 375 et. seq., and the Contraband Cigarette Trafficking Act, 18 U.S.C. § 2341 et. seq. He served as a Special Assistant United States Attorney in the Western District of New York, The District of Massachusetts, The District of New Jersey, The Eastern District of Virginia, The Eastern District of Kentucky, and The District of Nebraska on Federal tobacco enforcement. Actions. He worked with From 1997-2023, after there was dramatic increase in tobacco smuggling from the United States to Canada, he served as the Chairman of the Joint Intelligence Sub-Committee for the United States/Canada Cross Border Crime Forum. In this capacity he prepared and delivered threat assessments involving illegal tobacco, firearms and explosives trafficking for United States Attorney Generals Janet Reno and John Ashcroft and the Canadian Solicitor Generals.

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During his tenure at ATF, he participated in essentially all of ATF’s major tobacco enforcement actions. These cases included United States v.. Pasquantino, 544 US 349 (2005) (ATF properly used wire fraud and money laundering statutes in international alcohol/tobacco smuggling scheme); United States v. Maddux, 2015 U.S. Dist. LEXIS 135848 (E.D. Ky. 2015) affirmed 917 F.3d 437 (6th Cir. 2019) (ATF properly used wire fraud/Money laundering in international PACT Act internet cigarette sales case that he prosecuted as a SAUSA), New York v. Mtn. Tobacco, 942 F. 3d 536 (2d Cir. 2019) (drafted Government Amicus Brief where Second Circuit adopted ATF's interpretation of Interstate Commerce under the PACT Act); Gordon v. Holder, 85 F. Supp. 3d 78 (D.D.C. 2015) affirmed 2016 U.S. App. LEXIS 6175 (D.C. Cir 2016). (dismissing cigarette company's PACT Act challenge).  He also was one of the ATF Officials who met with Senator Kohl and Congressman Wiener’s staff prior to the enactment of the PACT Act, when ATF was seeking amendment and strengthening of the Jenkins Act and passage of the PACT Act which was designed to address the proliferation of remote internet cigarette sales particularly to American youth. He has taught Federal tobacco and firearm's law including the PACT Act at the Federal Law Enforcement Training Center in Brunswick, Georgia and the Justice Department’s National Advocacy Center in Columbia, South Carolina.

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Mr. Cohen successfully represented ATF in hundreds of Gun Control Act, Federal explosives and Federal Alcohol Administration Act licensing matters.  He was lead ATF Counsel in the cases which defined willful violations of the Gun Control Act and Federal Explosives licensing law in the Third, Fourth, Fifth Circuits as well as the definition of exclusion under the Federal Alcohol Administration Act.  As an ATF Attorney he was involved in Federal Forfeiture actions involving tens of millions of dollars under the Federal Money Laundering, Tobacco, Explosives Laws and the Internal Revenue Code.

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Jeffrey Cohen is licensed to practice law in the State of Massachusetts.

© 2025 The Foster Legal Group PC

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