Joseph W. Martini

Partner

Joseph W. Martini
Partner
offices Stamford
New York
Washington, DC
phone 203-363-7603
fax203-363-7676
emailjmartini@wiggin.com
view LinkedIn profile


Biography

Joseph W. Martini, is a Partner and Chair of the firm's White Collar Defense, Investigations and Corporate Compliance Group. In 2014, 2015 and 2016, the White Collar Group was awarded the Litigation Department of the Year for Government Investigations and Corporate Compliance by the Connecticut Law Tribune. Mr. Martini, a member of the firm's Executive Committee, maintains offices in New York, Stamford, and Washington, D.C.

A Fellow of the American College of Trial Lawyers, Mr. Martini is an accomplished trial lawyer. He has successfully represented public and privately held companies, government officials and individuals in sophisticated criminal and commercial matters in federal and state courts, and before arbitration panels. Mr. Martini regularly represents clients in investigations conducted by the Department of Justice (and U.S. Attorney's Offices throughout the United States), the Securities and Exchange Commission, FINRA, FAA and OSHA, and other federal and state regulators and prosecutors. Prior to joining Wiggin and Dana, Mr. Martini served for nine years as an Assistant United States Attorney in Connecticut, investigating and prosecuting a broad range of federal crimes.

Throughout his 30 year career as a prosecutor and defense attorney, Mr. Martini's criminal matters have involved allegations of health care and financial fraud, political corruption, insider trading and securities fraud, violations of the Foreign Corrupt Practices Act, RICO, tax, mortgage and bankruptcy fraud, mail and wire fraud, money laundering, currency transaction and Bank Secrecy Act matters, environmental crimes, theft of trade secrets, municipal corruption, fraud in the defense contracting industry and occupational safety and health (OSHA) matters.

Mr. Martini is often retained by entities facing crisis situations to conduct internal investigations, and has regularly done so in the financial, health care, manufacturing, construction and defense industries. Mr. Martini also has experience representing clients in matters involving the United Nations, and before hospital boards of directors and hearing panels in connection with disciplinary matters and other administrative proceedings. He also advises educational institutions in connection with Title IX investigations.

As a federal prosecutor, Mr. Martini received numerous awards and commendations, including the Department of Justice's prestigious Director's Award for Superior Performance as an Assistant U.S. Attorney. He was also an instructor at the FBI Sensitive Operations and Undercover School at the FBI Academy in Quantico, Virginia.

Mr. Martini has received an AV® Preeminent™ peer rating from Martindale-Hubbell (for more about the standards for inclusion in Martindale-Hubbell, please click here). Mr. Martini is individually listed in Chambers USA in the category of Litigation: White Collar Crime and Government Investigations. Chambers USA has listed Wiggin and Dana's litigation department in Band 1 and has listed Mr. Martini as a notable practitioner. Sources say he is "an excellent trial lawyer," and "very capable, bright and determined." (For more about the standards for inclusion in Chambers USA, please click here). Mr. Martini also has the distinction of having been chosen by his peers for inclusion in The Best Lawyers in America in the category of White Collar Criminal Defense (for more about the standards for inclusion in The Best Lawyers in America, please click here). Benchmark Litigation has recognized Mr. Martini as a Litigation Star in the area of White Collar Crime (for more about the standards for inclusion in Benchmark Litigation, please click here. Mr. Martini has also been recognized by Super Lawyers as a top rated attorney in the area of White Collar Crime.

Mr. Martini is also an accomplished appellate lawyer, having briefed and argued over 20 cases before the United States Court of Appeals and New York and Connecticut state appellate courts.

Mr. Martini frequently lectures on white collar matters before groups in the health care and defense industry, including the Society for International Affairs and the Connecticut Hospital Association.

Before joining the U.S. Department of Justice, Mr. Martini was a litigation associate in the New York office of White & Case LLP.

Mr. Martini is the editor of the American Bar Association, Business Law Section Newsletter, published by the White Collar Crime Committee, and he previously served for several years as the Editor-in-Chief of the American Bar Association, Section on Litigation, Committee on Criminal Litigation Newsletter. Mr. Martini is an active member of the Connecticut Bar Association, the National Association of Criminal Defense Lawyers, the Federal Bar Council and is a James W. Cooper Fellow of the Connecticut Bar Association. Mr. Martini serves on the District of Connecticut's Criminal Local Rules Committee. He is also a member of the Criminal Justice Act panel for the District of Connecticut, and served two terms as a member of the CJA Panel of the United States Court of Appeals for the Second Circuit.

Mr. Martini graduated cum laude with a B.A. from Gettysburg College and received his J.D. cum laude from Brooklyn Law School.

Experience

White Collar Criminal Defense

Mr. Martini has successfully defended a global defense contractor in a criminal and civil false claims case, Connecticut State legislators in public corruption matters, international construction firms in criminal OSHA cases, an officer of a Fortune 150 corporation in an accounting and securities fraud investigation, a reinsurance company executive in parallel criminal and civil litigation involving an insolvent reciprocal insurance company, an international franchisor in a criminal investigation of franchisee criminal activity, a pharmaceutical executive in an investigation of off-label promotion, healthcare professionals in health care fraud-related matters and numerous other individuals in tax fraud, mortgage fraud and Bank Secrecy Act matters.

Internal Investigations and Corporate Compliance

Conducting internal investigations is a regular part of Mr. Martini's practice. He has represented public and private entities in investigations involving whistleblower allegations, Ponzi schemes, breaches of data security, fraud in the defense and construction industries, fatal construction accidents, health care fraud, anti-competitive conduct, employee fraud, theft and embezzlement, and fraud by customers of financial institutions.

Mr. Martini also regularly advises clients on compliance issues, including the Foreign Corrupt Practices Act, the Sarbanes Oxley Act, the PATRIOT Act, export and OFAC compliance, health care and money laundering and currency transactions laws.

Civil Litigation and Arbitration

Mr. Martini regularly represents companies in complex commercial disputes, including matters in the aerospace, defense and manufacturing industries where sophisticated technological issues are often present and must be understood and explained to the trier of fact. Most recently, Mr. Martini represented an aerospace company in a federal jury trial concerning a supplier dispute. Before American Arbitration Association panels, Mr. Martini has obtained injunctive relief enforcing the terms and conditions of an asset purchase agreement that conveyed to his client significant intellectual property rights, and defeated wrongful termination claims brought against an assisted living facility. Mr. Martini has also represented the United States Marshal's Service in litigation to recover assets of a hedge fund forfeited to the government, commercial real estate entities in litigation involving allegations of kickbacks, larceny and breaches of fiduciary duty, a parent in an international child abduction matter, and an insurance brokerage firm in a matter involving allegations of trade secret theft.

Memberships

  • American Bar Association
    • Editor-in-Chief, Section on Litigation, Committee on Criminal Litigation Newsletter
  • Connecticut Bar Association
  • Federal Bar Council
  • National Association of Criminal Defense Lawyers

Advisories

08.09.2017Trusts in Divorce: The Connecticut Supreme Court Speaks in Ferri
04.08.2016DoJ's New FCPA Framework Encourages Disclosure of Employee Misconduct, Offers Significant Credit
02.18.2016CMS Issues Long-Awaited Final Rule on Reporting and Returning Overpayments
01.19.2016Foreign Corrupt Practices Act Enforcement 2016: In Like a Lamb, Out Like a Lion
11.23.2015Applying the "Common Legal Interest" Privilege In the Context of a Financial Transaction
11.13.2015DOJ Hires Compliance Expert: Now is the Time to Assess Your Compliance Program – Does it Have Teeth or is it Merely a Paper Tiger?
08.26.2015Key Lessons from the SEC's FCPA Enforcement Action Against BNY Mellon
08.19.2015Second Circuit Limits Government's Ability to Seize Assets Without a Warrant
06.22.2015Five Tips from Wiggin and Dana's Health Care Compliance and Enforcement Roundtable
05.01.2015Getting the Board on Board: The OIG Releases Practical Guidance for Health Care Governing Boards on Compliance Oversight
11.21.2014It's Time (Really!) To Prepare For Increased Whistleblowing Activity
10.06.2014DoJ's 10-Point Compliance Framework
09.18.2014Second Circuit Further Limits Restitution to Corporate Victims of Crime
08.13.2014FinCEN Provides Guidance to U.S. Financial Institutions on Creating a Strong BSA/AML Compliance Culture
08.12.2014Piercing the Attorney-Client Privilege: The Delaware Supreme Court Orders Wal-Mart to Turn Over Privileged Material Concerning Its Handling of an Internal FCPA Investigation
06.30.2014Canadian Authorities Charge American Executives With Foreign Corruption Violations
06.18.2014Export Basics For The UAV Industry
05.06.2014Staying One Step Ahead: Does Privilege Still Protect Internal Investigations?
03.13.2014Second Circuit Limits Available Restitution to Corporate Victims of Crime
01.30.2014EPCRA Tier II Reporting Changes Now in Effect
10.03.2013Know Thy Product: Are You Transacting in "Goods" Under the Uniform Commercial Code?
09.06.2013Second Circuit Limits Criminal Prosecution of Securities Fraud
06.28.2013Second Circuit Affirms Raj Rajaratnam Conviction; Addresses Important Issues of Law Regarding Wiretap Applications and Insider Trading Elements
05.13.2013Office of Inspector General Releases Guidance on Compliance with Exclusion List Screening
05.03.2013Two Recent FCPA Cases Highlight the Critical Importance of a Company's Response to the Discovery of Misconduct Within its Ranks
04.26.2013Office of Inspector General Revamps Self-Disclosure Protocol
03.04.2013Good E-Mail Practices May Make A Difference
11.19.2012The DOJ and SEC Release Important New FCPA Guidelines
11.15.2012The SEC's Second Annual Report On Its Whistleblower Program Reemphasizes The Need To Be Prepared For Increased Whistleblowing Activity
11.23.2011"Family Remittances" from U.S. to Iran Not Prohibited by Iranian Transactions Regulations
11.21.2011The SEC's Whistleblower Program: Are You Prepared?
09.22.2011New Laws Add More Muscle to Connecticut False Claims Act
02.03.2011Recent Developments Highlight The Breadth of OIG's Exclusion Authority
11.10.2010Summary of Wiggin and Dana's Third Annual Health Care Compliance and Enforcement Roundtable
09.20.2010Bureau of Industry and Security Seeking Comments on 7 New Best Practices
04.20.2010Health Care Reform's Quiet Boost for Program Integrity
03.26.2010A Rule Change and Amendments to False Claims Act Signal More Aggressive DOJ Civil Enforcement
11.04.2009Summary of Wiggin and Dana's Second Annual Health Care Compliance and Enforcement Roundtable
05.29.2009The Pharma-Physician Relationship: Physicians Now the Target of Enforcement Initiatives
03.11.2009Billing Federal Health Care Programs for Excluded Individuals and Entities is a Government Enforcement Priority
12.19.2008OIG Issues Supplemental Compliance Program Guidance for Nursing Facilities
09.29.2008New Data Privacy Law in Connecticut Imposes Stiff Penalties

Published Works

10.30.2017Restitution for the Corporate VictimConnecticut Law Tribune
07.17.2017Exploring the Boundaries of the Fifth AmendmentConnecticut Law Tribune
06.29.2017Fourth Amendment Exception Allows Customs to Search Personal DevicesConnecticut Law Tribune, May 24, 2017 edition
10.03.2016'McDonnell' and the Future of Political Corruption CasesConnecticut Law Tribune
04.25.2016Individuals Face New Challeneges Following Yates MemoNew York Law Journal
04.21.2016Contract Disputes and the International Sale of GoodsAmerican Bar Association, Commercial Law Newsletter
02.25.2016Foreign Corrupt Practices Act Enforcement in 2016: In Like a Lamb, Out Like a LionTerraLex Connections
09.10.2015Key Lessons From The BNY Mellon Internship Bribery CaseLaw360
07.07.2014Failure to Mitigate Damages as a Defense in Mortgage Fraud CasesNew York Law Journal
03.10.2014Termination for Convenience Under the Uniform Commercial CodeABA, Commercial Law Newsletter, Joint Newsletter of the Commercial Finance and Uniform Commercial Code Committees
10.09.2013Conscious Avoidance as a Basis for Criminal Supervisory Liability: A Viable Theroy?Criminal Litigation Newsletter, Vol. 13, Number 4, Summer 2013
04.08.2013Privilege Issues Arising in Prosecutions, InvestigationsNew York Law Journal
04.01.2013A Supplier's Guide to Requirements ContractsAmerican Bar Association, Commercial Law Newsletter, Spring 2013, Joint Newsletter of the Commercial Finance and Uniform Commercial Code Committee
06.29.2012SEC Whistleblower Program has Generated an Unexpected Volume of Tips From Foreign Countries TerraLex Connections, Volume IV, Issue II
06.22.2010HHS Should Expand Its Self-Disclosure ProtocolCriminal Litigation, the Newsletter of the ABA's Section of Litigation, Committee on Criminal Litigation, Spring 2010
06.01.2010Prepare for stepped-up enforcement of the Foreign Corrupt Practices ActCompliance & Ethics Professional, Vol. 7 / No. 3
04.01.2010Case Notes on Significant Federal Criminal Cases
05.28.2009Restitution for the Corporate VictimCriminal Litigation, the Newsletter of the ABA's Section of Litigation, Committee on Criminal Litigation, Spring 2009
05.01.2009Case Notes on Significant Federal Criminal Cases
11.01.2008Advancing Attorney Fees Through "Final Disposition" Includes Advancement Through AppealCriminal Litigation, the Newsletter of the ABA's Section of Litigation, Committee on Criminal Litigation, Fall 2008
08.29.2008Good E-Mail Practices Will Help to Avoid ‘Smoking Gun' E-MailsWhite Collar Crime Report - BNA, Inc.
07.30.2008The Need For Expert TestimonyConnecticut Law Tribune, Vol. 34, No. 21
07.16.2008Top Ten Considerations in Adopting, Revising, or Reviewing a Compliance ProgramCriminal Litigation, the Newsletter of the ABA's Section of Litigation, Committee on Criminal Litigation, Spring 2008
12.12.2007United States v. Stein - Was the Government's Conduct Outrageous?Criminal Litigation, the Newsletter of the ABA's Section of Litigation, Committee on Criminal Litigation, Fall 2007
10.05.2007Predicting Federal Probes Now A Job Requirement?Connecticut Law Tribune, Week of October 1, 2007 vol. 33, no. 40
09.30.2006Judge Kaplan's Second Stein Opinion: Will the Thompson Memo Remain a Viable Policy for Federal Prosecutors?Committee on Criminal Litigation Newsletter, ABA Section on Litigation, Fall 2006
03.30.2006Using Grants of Immunity to Gain a Tactical Advantage at Trial: Did the Government Go Too Far in the Ebbers Case?Committee on Criminal Litigation Newsletter, ABA Section on Litigation, Spring 2006
09.30.2005Sentencing Consequences of a Defendant's Trial TestimonyCommittee on Criminal Litigation Newsletter, ABA Section on Litigation, Fall 2005
03.30.2005Conflicts of Interest in Criminal Cases: Protecting the Sixth Amendment Right to Effective Assistance of CounselCommittee on Criminal Litigation Newsletter, ABA Section on Litigation, Spring 2005
04.01.2004Defending Your Client in the Court of Public OpinionThe Champion, a publication of The National Association of Criminal Defense Lawyers
12.01.2003These Days, Spin is InThe Connecticut Law Tribune, December 2003

News

10.24.2017Benchmark Litigation 2018 Ranks Eight Wiggin and Dana Partners "Litigation Stars" and Five Partners as "Future Stars"
09.22.2017Six Wiggin and Dana Partners Recognized as New York Best Lawyers 2018
08.15.2017Best Lawyers in America Recognizes 30 Lawyers from Wiggin and Dana
06.05.2017Chambers USA 2017 Recognizes Wiggin and Dana Practices and Lawyers
03.17.2017Wiggin and Dana Partner Joseph W. Martini Admitted to American College of Trial Lawyers
10.28.2016Super Lawyers Recognizes 40 Wiggin and Dana Attorneys
08.15.2016Best Lawyers in America Recognizes 30 Lawyers from Wiggin and Dana
05.31.2016Chambers USA 2016 Recognizes Wiggin and Dana Practices and Lawyers
02.12.2016Benchmark Litigation Names Wiggin and Dana's Litigation Department as The 2016 Connecticut Litigation Department of the Year
10.27.2015Benchmark Litigation 2016 Highly Recommends Wiggin and Dana
10.20.2015Wiggin and Dana Partners Honored with the Patriot Award
10.20.2015Super Lawyers Recognizes 38 Wiggin and Dana Attorneys
10.01.2015Wiggin and Dana Announces New Managing Partner and Executive Committee Members
08.17.2015Best Lawyers in America Recognizes 31 Lawyers from Wiggin and Dana
05.28.2015Wiggin and Dana Receives Litigation Department of the Year Award for White Collar and Government Compliance Practice
05.21.2015Chambers USA 2015 Recognizes Wiggin and Dana Practices and Lawyers
03.16.2015Wiggin and Dana Awarded Litigation Department of the Year for Product Liability and for White Collar/Government Compliance
10.29.2014Super Lawyers Recognizes Wiggin and Dana Lawyers
08.19.2014Best Lawyers in America Recognizes 33 Lawyers from Wiggin and Dana
05.02.2014Wiggin and Dana Awarded Litigation Department of the Year for Government Investigations and Corporate Compliance
10.01.2013Wiggin and Dana Achieves Significant Relief in the Connecticut Appellate Court, RBCA v. SKF USA, Inc.
08.15.2013Best Lawyers in America Recognizes 35 Lawyers from Wiggin and Dana
02.14.2013Wiggin and Dana Announces Leadership Appointments
10.21.2011Super Lawyers® Recognizes Wiggin and Dana Lawyers
09.13.2011Best Lawyers in America Recognizes 32 Lawyers from Wiggin and Dana
04.29.2011Wiggin and Dana Lawyers Travel to United Kingdom for Trade Mission
09.21.2007Ex-Prosecutors Find New Home In Private Practice
09.10.2007Wiggin and Dana Expands White-Collar Group as James I. Glasser and Joseph W. Martini Join as Partners
07.09.2007Joseph W. Martini Joins Wiggin and Dana's Expanding White Collar Group as a Partner

Events

11.08.2017Health Care Roundtable: Ethics in Internal Investigations and Medical Malpractice Update
10.19.2017Cyber Breach - When the Worst Happens: Tactical and Legal Responses
09.15.2017Wiggin and Dana Rooftop Cocktail Party - NACDL 2017 White Collar Seminar Closing Reception
09.14.2017Hey Siri, You've Been Served: White Collar and the 4th Amendment
03.28.2017Managing the High-Risk Corporate Crisis: A Nuts & Bolts Approach to Corporate Crisis Intervention
04.11.2016A Risk Professional's Guide to Using the SEC Whistleblower Program to Strengthen Culture and Loyalty
09.19.2015Cyber Criminals: What They Do, How They Do It, and How it Affects Your Company
05.14.2015The Seventh Annual Health Care Compliance and Enforcement Roundtable
09.30.2014Are You Ready for the Agency Audit?
02.04.2014Negotiating Long-Term Requirements Contracts with Suppliers
09.17.2013Requirements Contracts: Clarifying Ambiguities to Create Win-Win Deals
04.05.2013Navigating the U.S. Attorneys' Office
10.26.2012Does the New Regulatory Environment and Developing Culture of Whistleblowing Create a Perfect Storm for Corporate Exposure?
04.27.2011Active Enforcement and New Techniques
04.08.2011Smoking Gun Emails
03.25.2011Attorney Client Privilege in the Corporate Setting
02.10.2011Responding to a Government Investigation Involving Violations of the Export Laws
04.20.20102010 Corporate Compliance Conference
04.16.2009E-Mail -- Beware the Smoking Gun
11.14.2008Enforcement Trends and Legal Developments
09.08.2008Anatomy of an Investigation
04.03.2008Compliance Insiders: Industry Best Practices and Effective Tools

offices Stamford
New York
Washington, DC
phone 203-363-7603
fax203-363-7676
emailjmartini@wiggin.com
view LinkedIn profile

PRACTICE GROUPS

EDUCATION

  • Brooklyn Law School, J.D., 1985, cum laude
  • Gettysburg College, B.A., 1982, cum laude

BAR ADMISSIONS

  • Connecticut
  • New York
  • Washington, D.C.

COURT ADMISSIONS

  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Second Circuit
  • US District Court (District of Connecticut)
  • US District Court (Eastern District of New York)
  • US District Court (Southern District of New York)
  • US Supreme Court


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