Joseph Bargnesi represents clients in connection with white collar criminal and civil enforcement matters, domestic and cross-border investigations, and related litigation.
Joseph regularly advises private equity firms, corporations, boards of directors, and individuals on their most sensitive matters across a range of complex regulatory regimes. In connection with these representations, Joseph frequently handles high-profile investigations brought by the Department of Justice (DOJ), Securities Exchange Commission (SEC), Drug Enforcement Agency (DEA), Food and Drug Administration (FDA), Department of the Treasury, State Attorneys General, World Bank, and other regulators worldwide. He has particular experience in matters involving:
Bribery and corruption
Money laundering and terrorist financing
Accounting, securities, healthcare, and public procurement fraud
The Controlled Substances Act (CSA) and Food, Drug, and Cosmetics Act (FDCA)
Economic sanctions and export controls
Antitrust and unfair competition
Potential violations of company policies and procedures
Complementing his investigations and defense work, Joseph works with clients to mitigate enforcement risks by enhancing their corporate compliance programs. He draws on extensive experience to help clients:
Enhance international investigations processes
Draft policies and procedures
Conduct risk assessments
Develop training programs
Design and leverage innovative compliance monitoring and analytics
Joseph also regularly advises clients in connection with cross-border M&A, financing, and capital markets transactions, including due diligence, counseling, and related disclosures and litigation.
Joseph currently serves on the firm’s Equal Employment Opportunity (EEO) Review Board and as a Co-Lead of the firm’s Corporate Transparency Act Task Force.
Prior to joining Latham, Joseph 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
Joseph’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
Joseph’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
Qualifications
Bar Qualification
District of Columbia
New York
Education
JD, William & Mary Law School magna cum laude
BA, State University of New York, Geneseo with high honors
Partner Joe Bargnesi honored for helping clients resolve significant criminal and civil enforcement matters, including securing a global FCPA resolution for a client facing a bribery probe by the US Department of Justice.
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