David Rybicki is a partner in the firm's Washington, D.C., office. He is a member of the investigations, enforcement, and white collar practice group. His practice focuses on criminal defense, cross-border and internal investigations, regulatory enforcement actions, congressional investigations, and corporate counseling. David represents public companies, financial institutions, and their boards and executives in a broad range of matters involving foreign bribery, sanctions violations, corporate fraud, congressional inquiries, and investigations led by federal OIGs and state attorneys general.
From 2017 to 2020, David served in the Criminal Division of the U.S. Department of Justice in Washington, D.C., as Acting Principal Deputy Assistant Attorney General and Deputy Assistant Attorney General, the second- and third-highest ranking positions in the Division. In these roles, David led the investigation, prosecution, and coordination of nationally significant matters and initiatives involving corporate fraud, money laundering, the Foreign Corrupt Practices Act (FCPA), cybercrime and cryptocurrencies, OFAC sanctions enforcement, transnational organized crime, healthcare fraud, consumer fraud, immigration fraud, civil and criminal RICO, public corruption, labor racketeering, and gaming law.
Prior to joining the Criminal Division, David served as Counselor to the Attorney General and worked on the Justice Department's top criminal enforcement initiatives. This work included revision of the Department's corporate enforcement policies, extension of the FCPA Pilot Program, “Going Dark” and other significant cybersecurity policy matters, Mutual Legal Assistance Treaties, marijuana enforcement and regulatory policy, and creation of the Department's new civil asset forfeiture policies and regulatory guidelines.
In 2018, David was appointed to serve as an ex officio member of the United States Sentencing Commission, where he represented the Justice Department with respect to all aspects of federal sentencing law and policy, including amendments to the Federal Sentencing Guidelines for corporate fraud and other white collar crimes.
Earlier in his career, David served in the Justice Department for nearly six years as an Assistant United States Attorney (AUSA) in Washington, D.C. As an AUSA, David conducted grand jury investigations and prosecuted and tried a broad range of criminal matters. David also defended federal agencies and officials in civil litigation involving administrative, constitutional, and regulatory law, tort claims, and employment discrimination. He has first-chaired dozens of jury and bench trials and argued frequently before the United States Court of Appeals for the D.C. Circuit and the D.C. Court of Appeals. In recognition of his superior interagency work, in 2012 David received the IRS Office of Chief Counsel's Mitchell Rogovin National Outstanding Support Award, the agency's highest honor for excellence in civil litigation.
David has also worked in several senior roles on the United States Senate Judiciary Committee. As a chief counsel and as counsel to the Chairman, he served as a senior legal, policy, and legislative advisor on matters involving cybersecurity, data encryption and privacy, intellectual property, bankruptcy restructuring, and criminal justice reform. He also advised on oversight and investigation of the Department of Justice, Department of Homeland Security, and United States Citizenship and Immigration Services regarding national security, immigration, whistleblower claims, and other consequential public policy matters.
David is a frequent speaker and panelist on issues pertaining to corporate compliance programs, anti-money laundering, healthcare fraud, and the Federal Sentencing Guidelines. He was previously a member of the American Bar Association's Criminal Justice Section Council and White Collar Dialogue Group, and is currently a member of the Edward Bennett Williams Inn of Court, an invitation-only professional organization specializing in white collar practice.
David served as law clerk to the Honorable Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit in Houston. He is a graduate of Stanford Law School, where he served as Executive Editor of the Stanford Law Review. He holds an M.Phil. from Cambridge University, where he was a Gates Cambridge Trust Scholar, and a B.A., magna cum laude, from Yale College.
- United States Sentencing Commission, Ex Officio Member (2018-2020)
- American Bar Association Criminal Justice Section Council, Member (2017-2020)
- Edward Bennett Williams Inn of Court, Barrister
- Panelist, New Legal Frontiers in Whistleblowing, American Bankers Association Webinar (2022).
- Panelist, International Risk Series, The Biden Administration’s National Security Study Memorandum: Predictions on the Global Enforcement Aftermath & Evolving Risk Landscape, American Conference Institute 38th International Conference on the Foreign Corrupt Practices Act (2021)
- Panelist, COVID-19 Government Enforcement Trends & Developments, Medtrade West (2021)
- Featured Speaker, FCPA Enforcement Trends in the Biden Administration: 2021 and Beyond, American Chamber of Commerce (Bangkok, Thailand) (2021)
- Panelist, Managing Design & Construction Risk in the COVID-19 Environment, 7th Annual California Construction Seminar (2021)
- Panelist, Mitigating False Claims Violations: Cooperation Credits One Year Later, 8th Annual Advanced Forum on False Claims and Qui Tam Enforcement (2021)
- Panelist, Emerging National Security Considerations for AMCs and Research Universities: Foreign Influence Oversight and Enforcement Trends, K&L Gates Webinar (2021)
- Featured Speaker, 2021 Federal Enforcement & Regulatory Preview, Pearson Partners International (2021)
- Panelist, An Overview of Aviation Industry Stimulus in the Americas, K&L Gates Webinar (2021)
- Panelist, Global Investigations Review Interactive Regional Spotlight: North America (2020)
- Featured Speaker, Federalist Society Litigation Practice Group, Courthouse Steps Oral Argument Teleforum: Nestlé USA, Inc. v. Doe I (2020)
- Panelist, Protecting the Integrity of the Financial System, American Bankers Association & American Bar Association Financial Crimes Enforcement Conference Virtual Event (2020)
- Panelist, Medtrade 2020 Virtual Conference, COVID-19 Government Enforcement Update (2020)
- Moderator, K&L Gates COVID-19 Health Care Fraud Virtual Town Hall (2020)
- Panelist, Association of Corporate Counsel (Houston), The Basics for Companies Responding to a Government Investigation (2020)
- Panelist, COVID-19: PPP Forgiveness: What You Should Know About the Application and Instructions, K&L Gates Webinar (2020)
- Panelist, COVID-19: Virtual Town Hall on PPP Eligibility and Risks for Nonprofit Organizations, K&L Gates Webinar (2020)
- Panelist, COVID-19: Virtual Town Hall on PPP Eligibility and Risks, One Last Look Before the Safe Harbor Expires, K&L Gates Webinar (2020)
- Featured Speaker, U.S.-Asia Institute Rule of Law Program (2020)
- Panelist, Financial Institutions Partnering With Law Enforcement, American Bankers Association & American Bar Association Financial Crimes Enforcement Conference, Washington, D.C. (2020)
- Keynote Speaker, Financial Institution and Law Enforcement Collaboration: The DOJ Perspective, Association of Certified Anti-Money Laundering Specialists U.S. Capital Chapter Annual AML/CFT Forum, Washington, D.C. (2019)
- Congressional Testimony, Pursuing Accountability for Atrocities, United States House of Representatives Committee on Foreign Affairs, Tom Lantos Human Rights Commission, Washington, D.C. (2019)
- Panelist, Fraud Detection in the Evolving World of Technology, American Bankers Association & Financial Services Information Sharing and Analysis Center Webinar, Washington, D.C. (2019)
- Panelist, Federal Criminal Enforcement and the Opioid Crisis, American Bar Association National Health Care Fraud Institute, New Orleans, La. (2019)
- Keynote Speaker, Federal Response to the Opioid Epidemic, Alaska Wellness Summit 2.0, Anchorage, Ak. (2018)
- Panelist, Fine Tuning Your Elder Financial Exploitation Controls, American Bankers Association & American Bar Association Financial Crimes Enforcement Conference for AML and Fraud Professionals, National Harbor, Md. (2018)
- Featured Presenter, Investigating Transnational Cybercrime and Money Laundering, United Nations Convention on Transnational Organized Crime (UNTOC), Ninth Session of the Conference of the Parties, Vienna, Austria (2018)
- Panelist, Federal Enforcement in the Opioid Crisis, American Bar Association National Health Care Fraud Institute, Tampa, Fla. (2018)
- Panelist, Cryptocurrency and the Global Reach of Money Laundering, American Bar Association National White Collar Institute, San Diego, Calif. (2018)
- Panelist, ECPA and Government Access to Communications-Related Data: The Present and the Future, Federal Communications Bar Association, Washington, D.C. (2017)
- Panelist, Understanding the Corporate Defendant: Overcoming the Challenges and Risks of Building a Case Against Corporate Actors, International Corporate Responsibility Roundtable (ICAR), Oslo, Norway (2017)
- Keynote Speaker, Federal Opioid Enforcement Priorities, Drug Enforcement Administration & National Narcotic Officers’ Associations’ Coalition Drug Enforcement Forum, Washington, D.C. (2017)
- Keynote Speaker, National Forensics Symposium, National Association of Attorneys General & National District Attorneys Association, Washington, D.C. (2017)
- “Foreign Agents Registration Act Reform: On the 2022 Agenda?,” Just Security, 7 February 2022
- "DOJ Announces Major Changes to Corporate Criminal Enforcement Policies," Westlaw Today powered by Reuters, 8 November 2021
- "Key DOJ Health-Care Enforcement Trends to Watch," Bloomberg Law, 16 September 2021
- "House Subpoena Power Wins In McGahn Case, With Caveats," Law360, 6 August 2021
- "Ukraine’s Gaming Market Presents New Opportunities," GBB News, 14 April 2021
- Ex-US Atty Joins K&L Gates' Investigations Practice In NC, White Collar Law360, May 4, 2021
- “Should GCs Fear The DOJ’s Power To Bankrupt?” Law360, October 30, 2020
- “The outlook for US white-collar enforcement post election,” Global Investigations Review, October 29, 2020
- GIR 100 2020, Global Investigations Review, October 23, 2020
- “Manhattan Gains a US Attorney With a Reputation for Independence,” Financial Times, June 23, 2020
- “COVID Crimes: Feds Set to Boost White Collar Crisis Cases,” Law360, June 19, 2020
- “Banks Have PPP Protection but Still Must Identify Clear Fraud, Lawyers Say,” S&P Global Market Intelligence, May 11, 2020
- “K&L Gates Nabs DOJ and Senate Judiciary Alum,” Law360, April 7, 2020
- “Gearing Up for More Investigations, K&L Gates Hires High-Ranking DOJ Lawyer,” Law.com, April 6, 2020
- “Criminal Division Official Joins K&L Gates,” Global Investigations Review, April 6, 2020
- “Online Marketplace Linked to $530 Million in Fraud Shuts Down,” Wall Street Journal, February 7, 2018