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F. Joseph Warin

 
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F. Joseph WarinF. Joseph Warin
Partner
T: +1 202.887.3609
F: +1 202.530.9608
1050 Connecticut Avenue, N.W.
Washington, DC 20036-5306
USA

F. Joseph Warin is chair of the Washington, D.C. Office’s Litigation Department, which consists of over 125 attorneys.  Mr. Warin also serves as co-chair of the firm's White Collar Defense and Investigations Practice Group.  He served as Assistant United States Attorney in Washington, D.C. from 1976-83.  In that capacity, Mr. Warin was awarded a Special Achievement award by the Attorney General.  As a prosecutor, he tried more than 50 jury trials.

Mr. Warin's areas of expertise include white collar crime and securities enforcement – including Foreign Corrupt Practices Act investigations, False Claims Act cases, special committee representations, compliance counseling and complex class action civil litigation.  Mr. Warin has handled cases in more than 35 states.  His clients have included corporations, officers, directors and professionals in regulatory, investigative and trial matters.  These representations have involved federal regulatory inquiries, criminal investigations and Congressional hearings.  Recently, Mr. Warin successfully argued motions to dismiss in securities and consumer protection class actions in the Southern District of New York and the District of Columbia.

Mr. Warin’s civil practice includes representation of clients in complex litigation in federal courts and international arbitrations.  He has tried 10b-5 securities and RICO claim lawsuits, hostile takeovers, and commercial disputes.  Mr. Warin has handled numerous class action cases and is currently defending class actions in several district courts including the Southern District of New York, District of Columbia, Eastern District of Missouri and Northern District of California.  These representations include investment banking firms, Big 4 accounting firms, broker-dealers and hedge funds.

For many years, Mr. Warin has been hired by audit committees or special committees of public companies to conduct investigations into allegations of wrongdoing.  These investigations have been in a wide variety of industries including energy, oil services, healthcare, and telecommunications.

Mr. Warin has conducted FCPA investigations relating to business in 35 countries, including, Argentina, Austria, Bangladesh, Brazil, China, Croatia, Dubai/UAE, France, Germany, Great Britain, India, Iran, Iraq, Italy, Jordan, Kazakhstan, Korea, Lebanon, Libya, Mexico, Nigeria, Norway, Panama, Peru, Philippines, Poland, Qatar, Russia and Saudi Arabia, South Africa, and Yemen.  In connection with these investigations, Mr. Warin has provided advice to general counsels and senior management regarding company practices, enhancements to compliance programs, disciplinary action for company employees and remedial measures for improving compliance.  Some investigations have also prompted voluntary disclosures to the SEC and the Department of Justice, and Mr. Warin handled the Department of Justice and SEC investigations. 

Significant Representations include:

  • Defended executives of a top technology company and obtained dismissal of a derivative lawsuit alleging options backdating.
  • Defended large telecommunications company in a criminal investigation conducted by Southern District of New York U.S. Attorney’s Office and achieved a declination of prosecution.
  • Currently serve as FCPA counsel for first non-US compliance monitor in connection with largest ever FCPA settlement.
  • Represented the Audit Committee of a $2 billion hospital chain against allegations of financial misrepresentations.  Convinced the SEC and U.S. Attorney’s Office not to take any enforcement actions against client.
  • Represented the Audit Committee of Fortune 100 energy company relating to allegations of earnings management. 
  • Represented the largest truck-stop company in the United States in an antitrust case and obtained a $49.5 million settlement in favor of the client within two weeks of trial.
  • Defended the president of a hardware supply company in a criminal price fixing case.  The jury acquitted our client after a three week trial in St. Louis, Missouri.
  • Recently concluded serving as FCPA compliance monitor pursuant to a deferred prosecution agreement with Securities Exchange Commission and Department of Justice. 
  • Obtained dismissal of numerous lawsuits brought against the largest securities self-regulatory organization during course of almost 20 years.

Mr. Warin has been listed in The Best Lawyers in America® every year from 2006 - 2014 for White Collar Criminal Defense.  He was selected by Chambers and Partners in its 2013 Chambers USA: America's Leading Lawyers for Business Guide as a Leading Lawyer in the areas of Securities Regulation Enforcement, Securities Litigation, and International Trade: FCPA Experts in the nation. He was also ranked as a Leading Lawyer in the areas of Securities Litigation and White Collar Crime and Government Investigations in the District of Columbia.  Benchmark Litigation named him a U.S. White Collar Crime Litigator Star and a Local Litigator Star in Washington, D.C. for White Collar Crime in both 2013 and 2014.  In 2013, Mr. Warin was awarded the Best FCPA Client Service Award by Main Justice.  He was also named to the publication’s FCPA Masters list.  In 2011, Mr. Warin was named a white collar law MVP by Law360.   He was selected as a Top Lawyer for Criminal Defense by Washingtonian magazine.  Mr. Warin was named a Special Prosecutor by the District of Columbia Superior Court in 1988.  He has appeared regularly on MSNBC and CNN in connection with current legal developments.

Professional Articles

  • “How to use company data efficiently to detect fraud and corruption,” (with Michael Diamant and Oleh Vretsona), Financier Worldwide (August 2013)
  • “Disclosing Pending FCPA Investigations,” (with Maura Logan), The Review of Securities & Commodities Regulation (March 20, 2013)
  • “FCPA Enforcement Trends,” (with John Chesley and Stephanie Connor), Director Notes (February 28, 2013)
  • “The Global Reach of American Criminal Law,” (with Peter Gray) (February 2013)
  • "Five Themes for General Counsel to Monitor with Respect to Dodd-Frank Whistleblowers and the FCPA," (with John W.F. Chesley), The FCPA Report (October 3, 2012)
  • “Understand The Risks,” (with Michael Farhang and Elizabeth Goergen), IFLR (February 2012)
  • "How to Deal with Business Corruption Risks in Mexico," (with Michael Farhang and Elizabeth Goergen),   International Financial Law Review (January 30, 2012)
  • “FCPA: Who is A Foreign Official?,” (with John W.F. Chesley and Jeremy Joseph), Compliance Reporter (August 8, 2011)
  • “Somebody’s Watching Me: FCPA Monitorships and How They Can Work Better,” (with Michael Diamant and Veronica Root), University of Pennsylvania Journal of Business Law (2011)
  • “The British Are Coming!: Britain Changes Its Law on Foreign Bribery and Joins the International Fight Against Corruption,” (with Charles Falconer and Michael Diamant), Texas International Law Journal (2010)
  • “Chinese Anti-Bribery Regulatory and Enforcement Landscape,” (with Jill Pfenning) The Review of Securities and Commodities Regulation (September 2010)
  • “FCPA Compliance in China and the Gifts and Hospitality Challenge,” (with Michael Diamant and Jill Pfenning) Virginia Law & Business Review (Spring 2010)
  • “Use of 'Conscious Avoidance' Doctrine in Frederic Bourke Conviction Expands Corporate Executives’ FCPA Exposure” (with Michael Diamant and Matthew Hampton) Securities Docket (July 2009)
  • “Go Directly to Jail: Sentencing of Individual Criminal Defendants in Foreign Corrupt Practices Act Cases,” (with Patrick Speice, Jr.) Bloomberg Law Reports Risk & Compliance (Volume 1, No. 6, September 2008)
  • “Stolt-Nielsen Ruling Offers Lessons on Negotiating Corporate Amnesty Agreements,” (with Peter E. Jaffe) Andrews Litigation Reporter on White-Collar Crime (Vol. 22; April 2008)
  • “FCPA Investigations:  Working Through a Media Crisis,” Andrews Litigation Reporter on White-Collar Crime (Vol. 22; December 2007)
  • “Deferred Prosecution Agreements: A View From The Trenches and A Proposal For Reform, “ 93 Va. L. Rev. In Brief 107 (June 2007)
  • “Audit Committee Oversight of A Major Independent Investigation,” The Review of Securities and Commodities Litigation (Summer 2007)
  • “Rolling the Dice in Corporate Fraud Prosecutions” American Bar Association: Section of Litigation (Vol. 33; Spring 2007)
  • “The Foreign Corrupt Practices Act: Developments, Trends, and Guidance,” Insights: The Corporate and Securities Law Advisor (Vol. 21; February 2007)
  • “To Plead or Not to Plead?  Reviewing a Decade of Criminal Antitrust Trials,” The Antitrust Source (July 2006)
  • “Acquisition Due Diligence: A Recipe to Avoid FCPA Enforcement,” The Oil, Gas and Energy Resources Law Report of the State Bar of Texas (Vol. 30; June 2006)
  • “Prosecute Corporations Only When They’re Rotten to the Core,” Corporate Crime Reporter Inc. (Vol. 20; March 2006)
  • “Foreign Corrupt Practices Act Due Diligence and Voluntary Disclosure,” Journal of Payment Systems Law (September 2005)
  • “The Deferred-Prosecution Jigsaw Puzzle: A Modest Proposal for Reform,” Andrews Litigation Reporter on White-Collar Crime (Vol. 19; September 2005)
  • “Recent Developments Under the Foreign Corrupt Practices Act,” Insights: The Corporate & Securities Law Advisor (Vol. 19; June 2005)
  • “Securities Enforcement Juries: A Beacon of Hope for Securities Fraud Defendants,” Referred Prosecution Insights: The Corporate & Securities Law Advisor (Vol. 18; August 2004)
  • “The Multiple Hats Dilemma: Application of the Attorney-Client Privilege to In-House Counsel,” Insights: The Corporate and Securities Law Advisor (Vol. 12; 1999)
  • “Deferred Prosecution: The Need for Specialized Guidelines for Corporate Defendants,” University of Iowa Journal of Corporation Law (Fall 1997)

Speaking Engagements

  • Co-Presenter at Gibson Dunn webcast, “FCPA Trends in the Emerging Markets of China, India and Russia,” (January 2013)
  • Co-Presenter at Gibson Dunn webcast, “9th Annual Challenges in Compliance and Corporate Governance,” (January 2013)
  • Presenter, “FCPA Compliance Guidance Update,” webcast, part of the Global Issues Forum series hosted by the Washington Metropolitan Area Corporate Counsel Association (December 2012)
  • Panelist at the Fraud, Anti-Corruption, FCPA, Whistle Blowers & Cyber Crime: Latest Developments Conference, sponsored by Sandpiper Partners in New York, NY (October 2012)
  • Panelist, “Anti-Corruption Developments in the BRICS/Carbon Copy Prosecutions,” at the ABA 5th Annual National Institute on the FCPA in Washington, DC (October 2012)
  • Keynote Speaker, “US/External Perspective on In-house Legal Departments,” at the Statoil Legal Forum 2012 in London, UK (May 2012)
  • Speaker, “Anti-Corruption Enforcement,” at the FINRA Annual Conference in Washington, DC (May 2012)
  • Speaker at a Roundtable Discussion regarding the forthcoming guide on FCPA enforcement at the Department of Justice (April 2012)
  • Speaker, “Rethinking FCPA Compliance: The Latest Innovations in Compliance Structures, Detection Strategies and Training Directives,” at the 27th National Conference on the Foreign Corrupt Practices Act,” in New York, NY (April 2012)
  • Presenter, “FCPA Risks & Trends,” at Prudential Financial in Newark, NJ (April 2012)
  • Co-Presenter at Gibson Dunn webcast, “Congressional Investigations: How to Prepare for the Investigative Agenda in the New Year,” (February 2012)
  • Co-Presenter at Gibson Dunn webcast, “FCPA Trends in the Emerging Markets of China, India and Russia,” (January 2012)
  • Participant, Effective Anti-Corruption Compliance Strategies to Prepare for Increased Regulatory Scrutiny and Global Enforcement Conference in Munich, Germany (January 2012)
  • Speaker, “Navigating Compliance Issues in M&A and Private Equity Transactions - How to address successor liability risks and prepare for and resolve post acquisition disputes,”  at the 5th Annual German Edition on Anti-Corruption (with Dr. Thomas Altenbach) (January 2012)
  • Co-Presenter at Gibson Dunn webcast, “8th Annual Challenges in Compliance and Corporate Governance,” (January 2012)
  • Speaker, “Resolving Corporate Investigations with DPAs and NPAs: 2011 Year-End Review,”  webcast with Navigant Consulting, hosted by Securities Docket (January 2012)
  • Moderator, “Overcoming FCPA and Anti-Corruption Compliance Challenges – Defense & Aerospace,” Defense and Aerospace Session at ACI’s 26th National Conference on The Foreign Corrupt Practice Act (November 2011)
  • Panelist, “Developments, Trends and Expectations in Securities Fraud Investigations and Prosecutions,” Sixth Annual National Institute on Securities Fraud, (November 2011)
  • Speaker, “UK Bribery Act and Recent Developments in the Foreign Corrupt Practices Act,” at The AES Corporation (October 2011)
  • Speaker, “ Prosecutorial Reach and Overreach,” The Association of General Counsel Fall Meeting, (October 2011)
  • Speaker, “Global Multi-Jurisdictional Enforcement Initiatives,” at Sandpiper Partners LLC’s FCPA/Corruption Updated (October and September 2011)
  • Panelist, “Anti-Corruption Enforcement and Compliance Update,” an FCPA compliance webcast hosted by Securities Docket (September 2011)
  • Speaker, “Anti-Corruption Enforcement and Compliance Update,” Securities Docket webcast (September 2011)
  • Speaker, “Current Trends in FCPA Enforcement,” at the ABA Annual Meeting (August 2011)
  • Speaker, “Recent Developments: Anti-Corruption Compliance,” for Dow Corning (July 2011)
  • Co-Presenter at Gibson Dunn Webcast “The New SEC Whistleblower Rules: How to Prepare Your Company,” (June 2011)
  • Speaker, “Learning from the Private Sector: Panel of Compliance Monitors,” at the World Bank’s 12th Annual Conference of International Investigators (May 2011)
  • Panelist, “Independent Auditors as Gatekeepers for Investors:  The Legal Landscape in Our Global Financial Markets,” hosted by the DC Bar in Washington, DC (May 2011)
  • Speaker, “Foreign Corrupt Practice Act Compliance,” 2011 FINRA Annual Conference (May 2011)
  • Panelist, “The Intersection of FCPA and Corporate Governance: Dealing with Audit Committee & Board of Directors for FCPA Issues,” 25th National Conference on The Foreign Corrupt Practices Act, (April 2011)
  • Speaker, “International Bribery Enforcement,” OECD Roundtable (February 2011)
  • Co-Presenter at Gibson Dunn Webcast. FCPA Trends in the Emerging Markets of China, India, and the Middle East (January 2011)
  • Co-Presenters at Gibson Dunn Webcast, “Congressional Investigations 2011,” (January 2011)
  • Panelist, “Global Anti-Corruption Enforcement and Compliance: 2010 Year in Review,” Gibson Dunn and Deloitte Financial Advisory Services LLP, a Securities Docket Webcast  (January 2011)
  • Co-Presenters at Gibson Dunn webcast, “7th Annual Challenges in Compliance and Corporate Governance,” (January 2011)
  • Speaker, “FCPA, SEC, and DOJ Enforcement Programs,” Global Anti-Corruption Enforcement and Compliance – 2010 Year I Review, a Gibson Dunn hosted Seminar  (January 2011)
  • Speaker at the Third Annual FCPA Update program, with the Honorable Stanley Sporkin, hosted by the American Bar Association (December 2010)
  • Faculty, “Internal Investigations: and Government Enforcement Discussion using Hypothetical Scenario,” at the Practical Guide to the Foreign Corrupt Practices Act Conference, sponsored by the DC Bar and WMACCA (December 2010)
  • Speaker, “The Intersection of FCPA and Corporate Governance:  Dealing with Audit Committee & Board of Directors for FCPA Issues” at the American Conference Institute's 24th Conference on the FCPA (November 2010)
  • Speaker, “U.S. Foreign Corrupt Practices Act and Individual Prosecutions,” at the FCPA Enforcement: New Developments Steering Clear of Trouble: What is Good Enough Now? Conference (October 2010)
  • Speaker, “U.S. Foreign Corrupt Practices Act and Individual Prosecutions,” 8th Annual Anti-Corruption Conference of the International Bar Association (September 2010)
  • Panelist, “Challenges in Compliance and Corporate Governance, “ Ethisphere Webcast (July 2010)
  • Panelist, “FCPA and International Anti-Corruption Enforcement Trends 2010 -- Securities Docket Webcast,” Securities Docket Webcast (April 2010)
  • Speaker, “Foreign Corrupt Practices Act: Cases and Prosecution Double – Is Your Institution Protected?,” FIBA Web Seminar (March 2010)
  • Faculty, “Governance Implications of the FCPA Surge for Boards and Corporate Counsel,” PLI Conference (February 2010)
  • Panelist, “6th Annual Challenges in Compliance and Corporate Governance,” hosted by Gibson Dunn & Crutcher LLP (January 2010)
  • Panelist, “FCPA and International Anti-Corruption Enforcement: 2009 Review and 2010 Trends,” hosted by Gibson Dunn & Crutcher LLP (January 2010)
  • Speaker, “Anatomy of a Ponzi Scheme: From Initiation to Detection,” The Fourth Annual National Institute on Securities Fraud Conference (October 2009)
  • Speaker, “The Foreign Corrupt Practices Act: Leveraging Your AML Program,” ABA/ABA Money Laundering Enforcement Conference (October 2009)
  • “Practical Guide to the Foreign Corrupt Practices Act,” DC Bar CLE Seminar (September 2009)
  • Speaker “After the Settlement: Selecting and Working with an Independent Compliance Monitor Pursuant to a DOJ/SEC Settlement,” sponsored by the American Conference Institute and C5's 5th European Forum  Anti-Corruption Compliance and Enforcement Conference (London, UK – June 2009)
  • Faculty, “Internal Investigations 2009: How to Protect Your Clients or Company,” PLI Conference (June 2009)
  • Panelist, “Addressing Corruption Risk – The Convergence of FCPA and AML Concerns for Financial Institutions,” co-sponsored by Deloitte and Gibson, Dunn & Crutcher (May 2009)
  • Presenter, “FCPA Due Diligence,” FINRA Annual Conference (May 2009)
  • Presenter, “Foreign Corrupt Practices Act: Coping with Heightened Enforcement Risks”  PLI Conference (April and May 2009)
  • Speaker, “When the Crimes Go Beyond Price-Fixing: How Fraud and Process Crimes Complicate the Defense,” ABA Section of Antitrust Law 57th Annual Spring Meeting (March 2009)
  • “The Paradigm Shift of 2008:  Recent Developments in FCPA Enforcement,” Securities Docket webcast (January 2009)
  • 5th Annual Briefing on Challenges in Compliance and Corporate Governance, Gibson, Dunn & Crutcher Webcast (January 2009)
  • “Preparing for and Managing an Investigation,” Legal Issues Facing Public Companies in 2009 hosted by Gibson, Dunn & Crutcher (January 2009)
  • “The Foreign Corrupt Practices Act: What You Absolutely Must Know,” LawCatalog.com webcast (October 2008)
  • Panelist, “Current Strategies For Corporate Cooperation with Government Investigations,” Annual Meeting of the ABA - 2008 Administrative Law Conference (October 2008)
  • Panelist, “Deferred Prosecutions and Corporate Monitors,”  2008 NAFUSA Annual Meeting (October 2008)
  • “Options backdating: Beyond the Apex of the Pyramid?,” ABACriminal Justice Section, the Section of Antitrust Law and the ABA Center for Continuing Legal Education - The Third Annual National Institute on Securities Fraud (October 2008)
  • “Disclosure and Accrual of Loss Contingencies,” Gibson, Dunn & Crutcher presentation to Experian (September 2008)
  • “The FCPA Staying Out of the Government’s Crosshairs,” Part I: FCPA Overview and Insights into Heightened SEC, DOJ Enforcement and Part II: Strategies for Avoiding Charges, Penalties, and Litigation, Legal Publishing Group of Strafford Publications – Teleconference Presentations (June 2008)
  • “Foreign Corrupt Practices Act (FCPA) in China: Compliance Strategies Given China’s Unique Cultural and Governmental Intricacies,” Strafford Publications – Legal Teleconference Presentations, (April 2008)
  • “Managing the PR Impact of an Investigation or Voluntary Disclosure,” American Conference Institute (ACI) 19th National Conference on the Foreign Corrupt Practices Act (March 2008)
  • “Selected Trends in FCPA Enforcement,” SEC FCPA training (December 2007)
  • “FCPA Investigations Working Through a Media Crisis” ACI 18th National Conference on the Foreign corrupt Practices Act (November 2007)
  • “The FCPA: An Overview and Recent Enforcement Trends,” Strafford Publications – Legal Teleconference Presentations, Foreign Corrupt Practices Act: Staying Out of the Government’s Crosshair (September 2007)
  • “Deferred Prosecution Agreements: A View from the Trenches and a Proposal for Reform,” Washington Legal Foundation, (September 2007)
  • “Building an Internal Culture of Reporting: How to Learn about WrongDoing,” ACI, Minimizing the Risk of Improper Payments in an Era of Increased International Enforcement (London, UK - June  2007)
  • “Special Problems Concerning the Foreign Corrupt Practices Act in the People’s Republic of China,” U.S. Department of Justice FCPA Panel Presentation (May 2007)
  • “Working with the Audit Committee Where Wrongdoing is Found,” ACI – 5th Annual Corporate Counsel's Forum, Conducting and Responding to Investigations (April 2007)
  • “Handling a Litigation or Regulatory Crisis – Managing Risk,” External and Internal Communications, 2007 SIA Compliance & Legal Division's Annual Conference (March 2007)
  • “International Trade and Legal Issues for Corporate Counsel: Understanding the Foreign Corrupt Practices Act,” CLE Options Network (September 2006)
  • “Avoiding Missteps When Probing Into Alleged Employee Misconduct,” ACI – 4th Annual Corporate Counsel's Forum on Conducting and Responding to Internal & Government Investigations (June 2006)
  • “Current Trends in Foreign Corrupt Practices Act Enforcement,” Strafford Publications Webcast (April 2006)
  • “Challenges in Compliance and Corporate Governance,” Association of Corporate Counsel (March 2006)
  • “Mastering SOX Compliance and Establishing Time-Efficient Processes,” ACIDefense Industry Compliance (March 2006)
  • “Erosion of the Attorney-Client Privilege: What Does the Future Hold?” National Chamber Foundation and the U.S. Chamber of Commerce on a Proposed Sentencing Guideline Amendment (November 2005)
  • “Challenges in Compliance and Corporate Governance,” Gibson, Dunn & Crutcher Webcast (November 2005, January 2007, January 2008)
  • “Hot Topics in Criminal Antitrust” ABA – Criminal Justice Section, the Section of Antitrust Law and the ABA Center for Continuing Legal Education Webcast (October 2005)

Mr. Warin graduated in 1975 from the Georgetown University Law Center, where he was Editor of Law and Policy in International Business.  He received his Bachelor of Arts degree cum laude from Creighton University in 1972, where he was student body president.  After graduation he served as a law clerk for United States District Court Judge J. Calvitt Clarke, in the Eastern District of Virginia.  Mr. Warin has been a member of the American Bar Association's White Collar Criminal Law Committee since 1988 and served as president of the Assistant United States Attorneys Association.  Mr. Warin has been selected to serve on insurance company panels for securities class actions.  He is a member of the Board of Directors of the Washington Lawyers Committee for Civil Rights.

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