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David B. Robbins

Partner

drobbins@crowell.com
Phone: +1 202.624.2627
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

David Robbins is a partner in Crowell & Moring’s Washington, D.C. office. He is a member of the Government Contracts Group Steering Committee and a co-leader of the Firm’s False Claims Act Practice. David is also the primary author and editor of ABA Publication’s peer reviewed book The Procurement Fraud Guidebook: The System, Stakeholders, and Response Strategies.

David is a leading litigator and investigations lawyer practicing at the intersection of white collar defense and government contracts. His docket includes a broad range of litigation matters including civil False Claims Act, whistleblower reprisal defense, and prime/sub disputes. David also handles high stakes, complex internal investigations, strategic transactions, mandatory disclosures, claims, trade secrets litigation, ethics/compliance, conflicts of interest, fraud and public corruption defense, bid protests, GSA Schedule contracting, mandatory disclosures, Procurement Integrity Act, Anti-Kickback Act, and suspension and debarment matters.

Legal500 calls David "a key name when it comes to investigations, suspension and debarment." David’s government service enables him to offer strategic advice based upon managing and coordinating thousands of past investigations, procurement fraud matters, and suspensions/debarments. David’s service included:

  • Director of Procurement Fraud Remedies for the Department of the Air Force, and the only fraud remedies coordination official in private legal practice.
  • Air Force Suspending and Debarring Official (acting).
  • Co-chair Department of Defense and NASA Procurement Fraud Working Group, which focused on inter-agency coordination with the Department of Justice, Offices of Inspector General, and other government agencies to address procurement fraud

David frequently publishes, speaks, and serves as an expert witness on government contracts topics. He also co-hosts the “Fastest 5 Minutes, the Podcast Government Contractors Can’t Do Without,” which provides a biweekly summary of significant government contracts legal and regulatory developments. The podcast can be found at crowell.com/GovConPodcast.

Recent Representative Experience

FALSE CLAIMS ACT LITIGATION AND INVESTIGATIONS

  • Successfully defended a surety company in a nationwide False Claims Act investigation.
  • Successfully defended manufacturer in False Claims Act case alleging quality failures.
  • Successfully defended manufacturer in a False Claims Act case alleging pricing issues.
  • Investigated and defended False Claims Act allegations discovered by client during pre-sale diligence; investigated, mitigated, and resolved allegations permitting sale of company.
  • Successfully defended multiple qui tam actions filed against clients in the construction industry.
  • Active False Claims Act defense efforts include clients in services contracting, insurance/reinsurance, cybersecurity/information protection, healthcare, construction, manufacturing, insurance, and small business set-aside markets and industries.

LITIGATION

  • Ficarra v. SourceAmerica (EDVA 2019), motion to dismiss granted in whistleblower reprisal case.
  • Advanced Systems Technology and Management, Inc. v. Guan (EDVA 2018), preliminary injunction granted in theft of trade secrets case.
  • JBL System Solutions LLC v. Williams et al. (EDVA 2019), precedential decision that proposed debarments are sufficiently final agency action to confer jurisdiction under Administrative Procedure Act.

WHITE COLLAR CRIMINAL DEFENSE AND INVESTIGATIONS

  • Successfully defended company from allegations of criminal fraud in the disaster recovery contracting industry following issuance of target letter. No prosecution resulted. 
  • Successfully defended services contracting industry executive after receipt of target letter from U.S. Attorney’s office. Moved the executive from a target to a cooperating witness through multiple proffer sessions. 
  • Successfully defended several senior executives of services industry contractors following various allegations of criminal fraud.
  • Active white collar criminal defense matters include clients in the services contracting, manufacturing, parts supply, and foreign military sales markets and industries.
  • Routinely engaged as counsel to special committees of boards of directors to advise the board concerning risks in white collar matters.

INTERNAL INVESTIGATIONS

  • Investigated allegations of accounting, pricing, and expense related misconduct in multi-year contract. Successfully resolved matter through contract modification and ratification of prior conduct, including payment to contractor of outstanding invoices.
  • Investigated allegations of improper use of foreign nationals and non-U.S. citizens on government contracts. Successfully resolved allegations through contract administration and ratification of prior conduct. 
  • Conducted multiple investigations into allegations of bribery and Anti-Kickback Act violations, successfully preventing company liability in each instance. 
  • Investigated allegations of misconduct and human trafficking in international contracting. 
  • Investigated various matters alleging misconduct in supply chains, including suspected Anti-Kickback Act violations, sham suppliers, counterfeit parts, supplier cost and pricing misconduct, among others.  
  • Investigated allegations of Foreign Corrupt Practices Act and United Kingdom Bribery Act violations by foreign subsidiaries of U.S.-based companies. 
  • Investigated and successfully defended whistleblower reprisal allegations before multiple agencies including Department of Defense and NASA. 
  • Investigated and defended allegations of collusion in contract formation in construction-related contracts for civilian agencies.
  • Investigated and defended allegations of Buy America Act and Trade Agreements Act violations in military department contracts.

SUSPENSION/DEBARMENT DEFENSE

Successfully resolved dozens of suspensions and proposed debarments. Managed advance communications (including proactive disclosures as well as responding to Show Cause Letters and Requests for Information) with DoD and Civilian Debarring Officials concerning internal investigations, including allegations involving key senior executives. Successful representations include matters before: Departments of the Air Force, Navy and Army; Department of Homeland Security; Defense Logistics Agency; General Services Administration; Environmental Protection Agency; various Intelligence Community agencies; Department of Education; Department of Energy; Federal Highway Administration; Federal Transit Administration; and the World Bank, among others.

Education

  • University of Maryland School of Law, J.D.
  • University of Maryland, College Park, M.B.A., Robert H. Smith School of Business
  • Yale University, B.A.
  • Air War College, Professional Military Education

Affiliations

Admitted to practice: District of Columbia, Maryland, U.S. District Court for the District of Maryland, U.S. District Court for the District of Columbia

Memberships

  • Co-Chair, American Bar Association Public Contract Law Section, Ethics, Compliance & Professional Responsibility Committee
  • Chair, Montgomery County Council's Procurement Task Force, 2015

View More

"Fastest 5 Minutes: CMMC, GSA Schedule, and Cost Accounting News (February 14)," Podcast: Fastest 5 Minutes in Government Contracts (February 14, 2020). Contacts: Peter Eyre, David B. Robbins
Client Alert / Newsletter
"What Will the New Year Bring for Government Contractors?" Crowell & Moring Webinar (January 29, 2020). Presenters: Crowell & Moring Government Contracts Group.
Speech/Presentation
"Fastest 5 Minutes: ITAR, FCA, Bid Protest News (January 17)," Podcast: Fastest 5 Minutes in Government Contracts (January 17, 2020). Contacts: David B. Robbins, Peter Eyre
Client Alert / Newsletter
"Emerging False Claims Act Risks for 2020 and Beyond," Crowell & Moring Webinar (January 15, 2020). Presenters: Crowell & Moring Government Contracts Group.
Speech/Presentation
"DOJ Announces $3B in False Claims Act Recoveries," Health Care Alert (January 10, 2020). Contacts: Brian Tully McLaughlin, Jacinta Alves, Troy A. Barsky, David B. Robbins
Client Alert / Newsletter
"Fastest 5 Minutes: CMMI, Employment Enforcement, OCI News (January 3)," Podcast: Fastest 5 Minutes in Government Contracts (January 3, 2020). Contacts: Peter Eyre, David B. Robbins
Client Alert / Newsletter
"Government Contacts Bullet Points: Federal Guidance ," Westlaw (December 16, 2019). Authors: Rebecca Monck Ricigliano, David B. Robbins, Nimrod Haim Aviad, Richard Stella and Gabrielle Trujillo.
Publication
"Fastest 5 Minutes: Nonconforming Items, Size Standards, EEO-1 News (December 13)," Podcast: Fastest 5 Minutes in Government Contracts (December 13, 2019). Contacts: David B. Robbins, Peter Eyre
Client Alert / Newsletter
Latest Case Of Procurement Fraud At VA Involved 10 Employees Federal News Network (December 13, 2019)
In the News
"DOJ’s New Procurement Collusion Strike Force: What it Means for Contractors and How to Manage this Emerging Antitrust Enforcement Risk," McLean, VA (December 10, 2019). Presenters: Shawn R. Johnson, David B. Robbins, Gail D. Zirkelbach, and Alexis Victoria DeBernardis.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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