Joshua Sharp is a litigator and member of the Government Investigations & White Collar Defense practice group. He represents corporations and individuals in government investigations, enforcement actions and complex litigation.
My practice focuses on conducting internal investigations and representing corporations and individuals in regulatory inquiries, grand jury matters and criminal defense. I also litigate civil matters in state and federal courts.
I represent banks and broker-dealers in investigations and inquiries by the Department of Justice, the Securities and Exchange Commission, the Financial Crimes Enforcement Network, the Financial Industry Regulatory Authority and foreign regulators in matters relating to the Bank Secrecy Act, securities laws and tax matters. I also represent financial institutions in investigations related to anti-money laundering controls.
I represent life sciences companies and health care providers in internal matters as well as grand jury and other types of investigations by the Department of Justice. My substantive experience in this area includes the Anti-Kickback Statute, the physician self-referral law (the “Stark Law”) and the Food, Drug, and Cosmetic Act. In addition, the False Claims Act is a significant part of my practice, both in the health care space and in other government-facing industries.
I have extensive experience in corporate immigration fraud investigations related to business visas and work visas (e.g., B-1, H-1 and L-1) by the United States Attorneys’ Offices, the Civil Division of the Department of Justice, the Department of Homeland Security and the Department of State.
I conduct investigations of alleged violations of the Foreign Corrupt Practices Act (“FCPA”) and other relevant laws in jurisdictions around the world, including Mexico, India and Pakistan.
In addition to my investigations work, I regularly represent clients in state and federal courts in business litigation matters ranging from fraudulent misrepresentation to defamation and civil RICO.
There’s no shortage of developments in the government investigations space, but these are a few of the trends I’m keeping an eye on. The first is the government’s increased emphasis on implementing and maintaining an effective corporate compliance program. This is a cross-industry trend that affects most types of corporate malfeasance. I’m also following the government’s focus on holding individuals accountable for participation in corporate crime. Although this policy was outlined in a 2015 memo (the Yates Memo), we’re still learning how the policy affects the government’s investigations and corporate defendants’ responses to those investigations. The third trend, which is particular to the False Claims Act space, is the government’s increased willingness to dismiss deficient qui tam suits, as set forth in a January 2018 DOJ memo. Whether the government actually dismisses a significant number of qui tam suits remains to be seen, but this is an interesting development that may, to a small degree, ease the onslaught of False Claims Act litigation.
Harvard Law School, J.D., magna cum laude
Harvard College, A.B., cum laude, Phi Beta Kappa