Joe Valenti

Joseph A. Valenti
Primary Office
Experience

Defense Against Government Investigations and Claims

Select representations include:

  • A trucking company and a commercial driver involved in an accident with a significant pedestrian injury, resulting in an acquittal at trial on the more serious of two criminal charges. During the pendency of an appeal, the convicted charge was further reduced via plea bargain. The personal injury claim brought by the injured pedestrian was also settled pre-complaint.
  • An industrial company and its owner charged with multiple felonies related to alleged theft of trade secrets, forgery, and embezzlement of over $10 million. After a vigorous defense, all charges were dropped, with related civil litigation settled for less than 5 percent of the amount claimed.
  • A financial institution defending against federal criminal investigations of Bank Secrecy Act (BSA) and related anti-money-laundering (AML) violations, resulting in a deferred prosecution agreement and restitution payment below the original government demand.
  • Multiple separate financial institutions in separate cases defending against federal and/or state criminal and civil investigations (and private tag-along class-action and/or individual claims/litigation) related to anti-fraud and consumer protection efforts.
  • An aviation industry client defending against federal investigations into an accident involving a plane that resulted in the closure of the investigation into the client while other potentially responsible parties remained under investigation for causing the accident.
  • A company executive charged criminally and civilly for participating in a $40 million fraud scheme.
  • A derivatives trader under criminal and civil investigation in multiple countries for allegedly rigging interest rate submissions, resulting in a plea agreement and sentencing under more lenient foreign law.
  • The lead defendants in a civil rights case arising from a fatal prison riot, resulting in successful dismissal of all clients/defendants.
  • The lead defendant in a civil rights case arising from a fatal police shooting during appeal in Zion v. Nassan, 12-3139 (3d Cir.) and at trial level (09-383, W.D. Pa.).

Investigations

Select representations include:

  • An industrial company during a federal criminal investigation of its employee for alleged theft of trade secrets and economic espionage using sophisticated means, directly engaging in and overseeing an extensive computer forensics investigation to assess the veracity of the allegations.
  • A telemarketing company experiencing unusual employment activity, resulting in the discovery and disruption of a large-scale fraud ring targeting the company by using stolen identities to obtain employment and payment for potentially ineligible workers.
  • Multiple Fortune 500 companies seeking to identify and criminally and civilly prosecute former employees or customers who made anonymous online threats and otherwise harassed current executives/employees and their families.
  • Companies across industries affected by computer hacking, business e-mail compromise (BEC), spoofed e-mails, check/wire fraud, or other theft of funds. Involved in over 50 cases.
  • Multiple international companies and subsidiaries with personnel or operations implicated in major international corruption scandals, such as Operation Car Wash in Brazil or 1MDB in Malaysia.
  • Charitable, health care and educational institutions in need of legal counsel to conduct, supervise or audit investigations into allegations of sexual assault, workplace harassment or caregiver/educator misconduct. Involved in more than 250 separate investigations.
  • Energy clients during government and internal investigations of death or injury at various sites. More than five separate clients/cases.

Compliance and Mitigation

Select representations include:

  • Clients in the security, financial, investment, insurance, health care, cannabis, technology, energy, chemical, manufacturing and other sectors in need of anti-corruption, sanctions-compliance and/or anti-money laundering (AML) due diligence investigations of current and prospective business partners, distributors, agents, acquisition targets, investors, customers and other payors or payees.
  • Financial institutions in need of advice on the effectiveness of various programs and internal controls designed to detect, prevent, and report illegal activity and promote compliance with the BSA, OFAC and FinCEN regulations.
  • Numerous clients in various industries in the drafting, implementing and updating of anti-fraud, anti-money-laundering, sanctions-compliance and anti-corruption policies.
  • Dozens of clients in the financial services and health care industries in need of counseling regarding federal and state wiretapping/consent laws and record retention requirements related to recording telephonic and computer-based conversations.
  • Dozens of financial institutions and health care entities in need of advice regarding data protection and consumer/patient-privacy obligations, including cybersecurity and physical security best practices.
  • Gaming entities in need of advice on federal and state licensing and wagering regulations.

Government Contractors

Select representations include:

  • The independent directors on the board of a federal defense contractor after a search warrant was executed at the contractor's headquarters, resulting in an internal investigation, a proffer to the government, and issuance of a declination letter as to all potentially implicated parties.
  • A defense contractor in defending against False Claims Act litigation, resulting in no intervention by the government and a settlement with a private litigant claiming whistleblower retaliation.
  • A prime contractor for the U.S. Department of Energy that referred several compliance-hotline complaints related to procurement concerns to outside counsel for investigation, resulting in prompt and thorough investigation and reporting addressing each concern.
  • A municipal authority suing its information-technology and cybersecurity contractor for breach of contract and professional negligence, resulting in a settlement.
  • A state government contractor during an investigation into allegations that its employees provided illegal gratuities and improper gifts to state and local government employees, resulting in declination of prosecution for the contractor, federal charges against implicated government employees, and termination of implicated contractor employees.
  • Various government contractors under investigation for paying bribes, improperly giving gifts, or violating conflict-of-interest regulations connected to contracts.

Health Care

Select representations include:

  • A medical practice after it was targeted by a federal search warrant and related criminal investigation into COVID testing and treatment, resulting in a declination of prosecution within nine months of the search.
  • An ambulance company during an internal investigation arising out of allegations of improper billing practices. The matter resulted in updated policies/trainings and a voluntary administrative repayment of certain billings.
  • Over a dozen cases involving separate health care providers (including urgent-care centers, oncology practices, skilled nursing facilities, primary care practices, home health care providers, and pain-management clinics) in defending against federal criminal and/or civil investigations of allegedly improper billing practices resulting in purported False Claims Act violations. Most cases ended with no enforcement action and/or amicable settlements with impacted government and private payors.
  • A pharmacy benefit management organization in defending against class-action claims of unfair business practices, resulting in a prompt settlement of individual claims before class certification.
  • A hospital system during an investigation related to alleged misconduct by a staff doctor indicted for self-prescribing and abusing controlled substances.
  • The court-appointed independent monitor of a large pharmaceutical manufacturer in bankruptcy to investigate and evaluate compliance with an injunction addressing opioid aspects of the business.
  • Doctors, pharmacists and various other clients in the health care industry in defending against investigations and litigation, including cases involving allegations of health care fraud; false/improper advertising (including related to off-label uses, foreign manufacturing, weight-loss claims, and CBD); price-fixing; antitrust violations; improper recordkeeping; improperly prescribing, importing and dispensing prescription medicines; and violating the Controlled Substance Act.

Free Speech

Select representations include:

  • An advanced technology company in a dispute with a high-profile media entity, resulting in the media entity's abandonment of a plan to publish a damaging and misleading feature article about the company.
  • A chief executive officer of a publicly traded company in a successful challenge to overturn an order issued by a state officer banning certain forms and content of speech at polling places.
  • A public authority sued by a nuisance plaintiff, resulting in the dismissal of the initial case and settlement of abuse-of-process counterclaims.
  • A real estate developer suing a local newspaper for defamation and false-light claims, resulting in a monetary settlement and a published correction.
  • Multiple media entities in need of advice on the risks of litigation related to publishing content, including evaluating content for trademark, copyright, defamation, privacy and related issues.
  • Various clients in the negotiation of orders or contracts involving the receipt, use, and protection of highly sensitive information, such as government-classified information, Rule 6(e) grand jury information, critical infrastructure information, sensitive security information, sealed court documents, trade secrets, protected health information and private financial data.

Commercial Litigation

Select representations include:

  • A client in the international arbitration of claims arising from circumstances surrounding the purchase of an industrial company with undisclosed tax and other liabilities, resulting in the payment of a multimillion-dollar settlement to the client.
  • Various entities in numerous litigations (including class actions) and mediations (including with insurance companies and victims' funds) arising from abuse or workplace harassment within religious institutions.
  • A bank in class-action litigation arising from allegedly improper disclosures of fees to customers, which was successfully settled before class certification.
  • An institutional mortgage originator in the successful pre-arbitration settlement of disputes with its customer, its customer’s successor-in-interest, and a mortgage aggregator.
  • A prospective plaintiff energy client in need of counsel on the criminal ramifications and civil claims for abuse of process, civil conspiracy, commercial disparagement (trade libel), defamation, tortious interference and unfair competition arising from false reports to the government by potential defendants regarding client's business practices and products.
Experience quote