David Rybicki is the co-leader of the firm's Investigations, Enforcement, and White Collar practice group. His practice focuses on high-stakes white collar defense, internal and government-facing investigations, regulatory enforcement defense, congressional investigations, compliance assessments and risk management, and corporate counseling.
Drawing on his experience as a federal prosecutor, as a senior official in the Criminal Division of the U.S. Department of Justice (DOJ), and as U.S. Senate Judiciary Committee chief counsel, David represents corporations, audit committees, boards, and executives in matters involving corporate fraud, foreign bribery, the False Claims Act, securities and financial fraud, international money laundering, and in cross-border issues such as extradition and mutual legal assistance. He has deep and wide-ranging experience representing clients in criminal, civil, and regulatory investigations and enforcement matters involving the DOJ and its Fraud Section, FCPA Unit, Market Integrity and Major Frauds Unit, Money Laundering and Asset Forfeiture Section (MLARS), National Security Division (NSD), Drug Enforcement Administration (DEA), Civil Frauds Section, Consumer Protection Branch, Office of International Affairs (OIA), and U.S. Attorney’s Offices throughout the country; SEC headquarters in Washington, D.C., and the SEC’s regional offices; the U.S. Department of Treasury Office of Foreign Assets Control (OFAC) and Treasury Office of Inspector General (OIG); the U.S. Department of Commerce Bureau of Industry and Security (BIS); Internal Revenue Service Criminal Investigation (IRS-CI); the U.S. Food and Drug Administration Office of Criminal Investigations (FDA-OCI); the Department of Homeland Security (DHS); Customs and Border Protection (CBP); and state attorneys general throughout the country.
He also represents companies and individuals at all stages of investigations launched by House and Senate committees—from responding to information requests and subpoenas to preparing senior corporate executives for testimony at committee hearings. He has recently represented clients in inquiries involving the following committees: House Committee on Oversight and Accountability; House Energy and Commerce Committee; House Select Subcommittee on the Coronavirus Crisis; House Select Committee on the January 6th U.S. Capitol Attack; House Judiciary Committee and its Antitrust Subcommittee; House Homeland Security and Government Affairs Committee; House Select Committee on Strategic Competition between the United States and the Chinese Communist Party; Senate Commerce Committee; Senate Committee on Health, Education, Labor, and Pensions (HELP); Senate Committee on Finance; as well as inquiries from individual members of the House and Senate.
From 2017-2020, David served in the DOJ’s Criminal Division as Acting Principal Deputy Assistant Attorney General and Deputy Assistant Attorney General, the second- and third-highest ranking positions in the Division. In these senior leadership roles, he led the investigation, prosecution, and coordination of the Division’s most significant national and cross-border matters and initiatives involving corporate criminal enforcement, the Foreign Corrupt Practices Act (FCPA), securities and accounting fraud, the Bank Secrecy Act (BSA), cybercrime and cryptocurrencies, OFAC sanctions enforcement, transnational organized crime, healthcare fraud, civil and criminal RICO, public corruption, and gaming law.
Prior to joining the Criminal Division, David served as Counselor to the Attorney General of the United States and advised on the DOJ's top criminal enforcement initiatives. This work included revision of the Department's corporate enforcement and compliance policies, extension of the FCPA Pilot Program, “Going Dark” and other significant cybersecurity policy matters, Mutual Legal Assistance Treaties (MLATs), and creation of the Department's new civil asset forfeiture policies and regulatory guidelines.
In 2018, the Attorney General appointed David to serve on the United States Sentencing Commission, where he represented the DOJ with respect to all aspects of federal sentencing law and policy, including the drafting of amendments to the Federal Sentencing Guidelines for corporate fraud and other white collar crimes.
Earlier in his career, David served for six years as an Assistant United States Attorney (AUSA) in the United States Attorney’s Office for the District of Columbia. 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 complex civil litigation involving administrative, constitutional, and regulatory law, tort claims, and employment discrimination. He has first-chaired more than twenty 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.
David has also worked in several senior roles on the United States Senate Judiciary Committee. As a chief counsel and earlier as counsel to Sen. Charles Grassley, 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 DOJ, DHS 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, AML/CFT, 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.
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. David clerked for the Honorable Edith H. Jones of the U.S. Court of Appeals for the Fifth Circuit.
- 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, Government Investigations: Current Trends, Lessons Learned, and Best Practices, Association of Corporate Counsel Annual In-House Symposium (2023).
- Panelist, FCPA and National Security Series, “Task Force Kleptocapture: Enforcing Sanctions, Export Restrictions, and Economic Countermeasures Levied Against Russian Officials and Oligarchs,” American Conference Institute 39th International Conference on the FCPA (2022).
- Featured Speaker, Trends in Federal Enforcement and Compliance, Westinghouse Global Compliance Week (2022)
- Panelist, Cryptocurrency Fraud Risks, American Bankers Association & American Bar Association Financial Crimes Enforcement Conference (2022)
- 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 of 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 (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 (2019)
- Congressional Testimony, Pursuing Accountability for Atrocities, United States House of Representatives Committee on Foreign Affairs, Tom Lantos Human Rights Commission (2019)
- Panelist, Fraud Detection in the Evolving World of Technology, American Bankers Association & Financial Services Information Sharing and Analysis Center Webinar (2019)
- Panelist, Federal Criminal Enforcement and the Opioid Crisis, American Bar Association National Health Care Fraud Institute (2019)
- Keynote Speaker, Federal Response to the Opioid Epidemic, Alaska Wellness Summit 2.0 (2018)
- Panelist, Fine Tuning Your Elder Financial Exploitation Controls, American Bankers Association & American Bar Association Financial Crimes Enforcement Conference for AML and Fraud Professionals (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 (2018)
- Panelist, Federal Enforcement in the Opioid Crisis, American Bar Association National Health Care Fraud Institute (2018)
- Panelist, Cryptocurrency and the Global Reach of Money Laundering, American Bar Association National White Collar Institute (2018)
- Panelist, ECPA and Government Access to Communications-Related Data: The Present and the Future, Federal Communications Bar Association (2017)
- Panelist, Understanding the Corporate Defendant: Overcoming the Challenges and Risks of Building a Case Against Corporate Actors, International Corporate Responsibility Roundtable (ICAR) (2017)
- Keynote Speaker, Federal Opioid Enforcement Priorities, Drug Enforcement Administration & National Narcotic Officers’ Associations’ Coalition Drug Enforcement Forum (2017)
- Keynote Speaker, National Forensics Symposium, National Association of Attorneys General & National District Attorneys Association (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
- Mentioned, “Nuclear technology spat heads to Korean centre,” GlobalArbitrationReview.com, 18 November 2022
- 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