Joseph M. Bargnesi

joseph.bargnesi@lw.com

+1.202.637.2114

Profile

Joseph Bargnesi advises clients in connection with domestic and cross-border investigations, white collar criminal and civil enforcement matters, and related litigation.

Mr. Bargnesi represents global companies and organizations, as well as high-profile individuals, in matters involving complex regulatory regimes. He has particular experience in matters involving:

The Foreign Corrupt Practices Act (FCPA)
Accounting and securities fraud
Money laundering
Sanctions
Antitrust and unfair competition
Healthcare fraud and abuse
Corporate misconduct

He leverages this experience to help clients navigate investigations and enforcement actions involving the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Federal Trade Commission (FTC), State Attorneys General, and other regulators worldwide.

Complementing his investigations and defense work, Mr. Bargnesi works closely with clients to mitigate enforcement risks by enhancing their corporate compliance programs. He draws on extensive experience to help clients:

Draft policies and procedures
Conduct risk assessments
Develop training programs
Leverage innovative compliance monitoring and analytics

Mr. Bargnesi also regularly advises clients in connection with cross-border M&A and capital markets transactions, including pre- and post-acquisition due diligence counseling and related disclosures.

Prior to joining Latham, Mr. Bargnesi worked as a law clerk for the United States Attorney’s Office for Western District of New York and United States Magistrate Judge F. Bradford Stillman on the United States District Court for the Eastern District of Virginia.

Experience

Investigations and Enforcement

Mr. Bargnesi’s investigations and enforcement experience includes representing:

Companies, as well as high-profile individuals in connection with DOJ and SEC FCPA investigations, including multiple cases in which investigations were closed without enforcement action
Several multinational companies in connection with internal anti-corruption investigations around the world, including field work in Africa, Asia, Central America, Europe, the Middle East, and South America
A state-owned entity in an investigation and related civil recovery stemming from a DOJ and SEC FCPA resolution in which the client was a victim of bribery and financial misconduct
Public companies, as well as their directors, officers, and employees, in SEC investigations related to accounting, financial reporting, internal controls, and other securities laws and regulations
Audit committees of boards of directors in conducting investigations related to financial restatements and similar matters
Special committees of boards of directors in connection with investigations into potential misconduct by senior executives
Multiple individuals in connection with DOJ and SEC insider trading investigations
An industrial pipe manufacturer in an FTC investigation of the ductile iron pipe industry involving allegations of violations of the Sherman Act
Multiple companies, including a leading pharmaceutical distributor, in criminal and civil investigations by DOJ related to the distribution of controlled substances

Compliance and Transactional Matters

Mr. Bargnesi’s compliance and transactional experience includes helping:

A multinational energy and infrastructure company design, implement, and test a global corporate compliance program
A multinational oil and gas company in designing and conducting a global anti-corruption risk assessment
A global technology company in building a best-in-class anti-corruption compliance program
Several multinational companies — including major private equity firms — in advising on anti-corruption risks and risk mitigation strategies associated with acquisition and investment decisions
Multiple private equity clients devise and implement processes, procedures, and training materials for conducting corporate compliance diligence in connection with strategic transactions
A global manufacturing company in conducting a post-acquisition risk assessment
Several trade associations and non-profit organizations in designing, implementing, and executing risk-based corporate compliance programs