Joseph Bargnesi advises clients in connection with internal corporate investigations, white collar criminal defense and civil enforcement matters, and related litigation.
Mr. Bargnesi represents global companies and organizations, as well as high-profile individuals, in domestic and cross-border investigations, enforcement matters, and related litigation.
He regularly guides multinational clients through matters involving complex regulatory regimes, including:
- Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws
- US securities laws
- US antitrust laws
- Controlled Substances Act (CSA)
He skillfully leverages this experience to help clients navigate matters involving the Department of Justice (DOJ), Securities and Exchange Commission (SEC), Federal Trade Commission (FTC), and other regulators worldwide.
Complementing his investigations and defense work, Mr. Bargnesi works closely with clients to proactively mitigate enforcement risks by reviewing and 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.
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
- 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 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
- 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 anti-corruption compliance programs