Joseph Jay is a white collar defense and government investigations partner in the firm's Washington, D.C. office.
Areas of Practice
Joseph’s practice encompasses a broad array white collar defense, corporate investigations and international trade matters. His matters include defense of civil and criminal enforcement actions and investigations, compliance counseling and regulatory advice.
White Collar Defense & Corporate Investigations
Joe represents corporations, financial institutions, and individuals in criminal and regulatory matters before the U.S. Department of Justice, the Securities and Exchange Commission, the Commodity Futures Trading Commission, federal Inspectors General and U.S. Attorneys’ Offices. His recent matters include allegations of violations of the Foreign Corrupt Practices Act, securities and accounting fraud, trading practices, market manipulation, anti-money laundering, antitrust, export controls, conflicts-of-interest, bribery, procurement fraud and unlawful gratuities.
Joe has conducted numerous internal investigations involving a broad range of alleged or suspected misconduct. He regularly represents boards of directors, audit committees and other companies in complex independent and internal investigations around the world involving U.S. law enforcement, U.S. civil regulators and foreign criminal and civil authorities. His global practice has included matters around the world, including in Europe, Asia, Africa and North and South America, as well as within the U.S. He has broad experience in matters involving the World Bank and other multi-lateral development organizations.
Joe was a leader of the independent investigation and report on academic irregularities at the University of North Carolina and the investigation into certain conduct by enforcement staff at the National Collegiate Athletic Association. He remains a thought leader in the intersection of investigations and higher education. He has spoken and written widely on compliance and investigations in higher education.
International Trade, Economic Sanctions & CFIUS
Joe counsels financial institutions and corporations in matters involving export controls and U.S. economic sanctions laws and related regulations. On behalf of clients, he has prepared voluntary disclosures to the Office of Foreign Assets Control, the Directorate of Defense Trade Controls and the Bureau of Industry and Security at the Departments of the Treasury, State and Commerce respectively. He has also led internal investigations in these areas.
Joe also represents buyers and sellers in transactions before the Committee on Foreign Investment in the United States (CFIUS). He regularly prepares notifications, engages with CFIUS during its review processes and negotiates mitigation agreements, including proxy and special security agreements, as appropriate. Most recently, Joe represented two Chinese corporations, each of which received clearance for their acquisition of U.S. industrial assets.
Joe regularly counsels clients regarding organizational compliance programs and procedures. With a keen understanding of corporate business and an acumen of financial accounting and reporting, Joe has designed, developed, implemented and tested global compliance programs tailored to individualized risk-based assessments. These compliance programs have involved broad legal and regulatory matters, including anti-corruption programs and compliance with Sarbanes-Oxley, OFAC and AML regulations.
Joe earned his J.D. from the William & Mary School of Law, where he was honored with the Phoenix Award for his service to the university. He received his undergraduate degree, summa cum laude, from The College of William & Mary, where he was recognized for his leadership, scholarship and service by election to Omicron Delta Kappa. His alma mater has established an award in his honor to recognize outstanding community values, the A. Joseph Jay III Award for Service in Support of Our Community’s Values.
- Representation of broker dealers and other financial institutions in broad range of enforcement investigations and proceedings brought by the CFTC.
- Conducted independent investigation into allegations of academic irregularities at the University of North Carolina at Chapel Hill.
- Investigation of allegations of improper conduct by investigators in the National Collegiate Athletic Association's (NCAA) Enforcement Staff and a broader review and assessment of the environment, policies and procedures of the NCAA's Enforcement Staff operations.
- Representation of global financial institution in investigation of alleged commodities market manipulation by CFTC.
- Conducted internal investigation prompted by whistleblower’s allegations of hiring of unauthorized workers.
- Investigation and due diligence review on behalf of the World Bank Group and the International Finance Corporation into the anti-corruption and anti-collusion compliance programs of companies for projects in sub-Saharan Africa and South America.
- Representation of audit committee investigating potential accounting irregularities leading to restatement of prior earnings and presentations to SEC.
- Representation of financial services firm in CFTC investigation of allegedly fraudulent trading practices.
Defense & Advocacy:
- Representation of witness in Special Counsel Robert Mueller’s investigation, including interviews and grand jury testimony.
- Representation of individual indicted in foreign bribery and money laundering case.
- Representation of financial institution in various matters before the OFAC, SEC and FINRA.
- Representation of financial institution in money laundering investigation by the U.S. Attorney's Office for the Southern District of New York.
- Representation of Swiss banker in criminal tax prosecution in the Southern District of New York.
- Representation of former government official in criminal investigation into post-employment restrictions and kickbacks investigation.
- Representation of senior executive in criminal and civil investigations of potential violations of the Foreign Corrupt Practices Act.
- Representation of multinational defense contractor in criminal investigation of potential violations of the FCPA.
- Representation of government contractor in technology space involving potential allegations of fraud, gratuities, conflicts of interest and false claims.
- Representation of financial institution in voluntary disclosure to Office of Foreign Assets Control regarding potential violations.
- Representation of Fortune 500 industrial company into allegations of violations of the FCPA.
- Representation of senior executives of aerospace, defense and industrial Fortune 1000 companies in investigations by U.S. Department of Justice, Securities and Exchange Commission and other law enforcement agencies and regulators.
Compliance & Trade:
- Representation of industrial conglomerate in anti-corruption due diligence for acquisition of foreign company with global operations.
- Global compliance review, including due diligence of third-parties around the world, for defense contractor.
- Regular outside counsel to two separate global software companies on anti-corruption and international trade matters.
- Design and development of global anti-corruption, economic sanction and anti-money laundering compliance programs for numerous Fortune 1000 companies in the defense, industrial, financial and consumer products spaces.
- Representation of two different Chinese buyers of U.S. industrial assets in reviews by CFIUS.
Rising Star, Super Lawyers, 2015-2019
- Corporate Counsel, 11.25.2019
- Bloomberg Law, 08.05.2019
- Sheppard Mullin's Government Contracts & Investigations Blog, 07.31.2019
- Co-author with J. Aronie and D. Douglass, "From the Big Easy to the Big Ten, and Beyond," University Business, March 14, 2019
- Co-author with J. Aronie and D. Douglass, "From The Big Easy to The Big Ten, And Beyond," October 2018
- "How Colleges Can Avoid Title IX Pitfalls," University Business, March 28, 2017
- "5 Lessons For Colleges From Stanford Sexual Assault Case," Law360, August 18, 2016
- "Independent Investigations in Higher Education," Bloomberg BNA White Collar Crime Report, July 11, 2016
- "The Unique Aspects of Independent Investigations in Higher Education," American Journal of Trial Advocacy, March 31, 2016
- "The Stockman Decision: An Expansion of Indemnification and Advancement Rights in Limited Partnerships," Thomson Reuters, September 1, 2009
Global Trade Law Blog
- "One Higher Ed Requirement To Know Now," October 18, 2019
- "Comment Deadline Extended: Export Controls on Emerging Technologies," December 11, 2018
- "Client Alert: Iran Sanctions Return," May 11, 2018
Healthcare Law Blog
- The Washington Post, 04.22.2019
- Louisville Courier Journal, 04.11.2019
- Reuters, 03.22.2019
- Bloomberg Law, 03.22.2019
- Law360, 03.20.2018
- Government Contracts, Investigations & International Trade
- White Collar Defense and Corporate Investigations
- International Reach
J.D., William and Mary, School of Law, 2006
B.A., College of William & Mary, 2003, summa cum laude
- District of Columbia
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia