
David Rhinesmith 合伙人, 政府调查与执法行动, False Claims Act
Washington, D.C.
Washington, D.C.
Washington, D.C.
David represents clients in matters involving the False Claims Act (FCA), the Anti-Kickback Statute, the Foreign Corrupt Practices Act (FCPA), federal securities laws, and the Food, Drug, and Cosmetic Act, among others. He has particular experience handling government investigations and complex civil litigation arising under state and federal false claims acts, including whistleblower-initiated FCA suits. His litigation experience includes oral argument before the First Circuit and state appellate courts, leading briefing in federal and state trial and appellate courts, and deposing senior government officials.
David routinely leads internal investigations relating to a range of ethics, fraud and corruption issues, including bribery, corruption, accounting fraud, revenue recognition, embezzlement, and other misconduct. David also has extensive compliance experience. He served as Global Investigations & Compliance Counsel at a leading medical device company, and served as Counsel with the Legal Compliance & Investigations team at one of the world's largest technology companies (both client secondments). He played a key role in multiple DOJ- and SEC-appointed corporate compliance monitorships, as both counsel to the Monitor and helping clients successfully navigate monitorships. He routinely works with clients to develop and enhance their compliance programs.
David previously worked as an Assistant Attorney General in the Massachusetts Attorney General’s Office, serving as lead counsel in more than a dozen criminal and civil matters at all levels of federal and state court.
David is the hiring partner for the Washington, D.C. office and partner in charge of Orrick's D.C. summer program. He serves as firm-wide staffing partner for his practice group and is a member of the practice's professional development committee. He is deeply committed to associate development and mentoring.
In 2017, 2018, 2019, and 2020 David was selected to the Washington, D.C. Super Lawyers Rising Stars list.
Washington, D.C.
In private practice, Joe represents companies and executives in FCPA internal investigations, enforcement actions, compliance and defense matters before the U.S. Securities and Exchange Commission (SEC), the Office of Foreign Assets Control (OFAC), the US Department of Justice (DOJ), the UK’s Serious Fraud Office and similar authorities. While at DOJ, Joe was a member of several task forces, including the Securities Fraud Task Force and DOJ’s Task Force into corruption allegations relating to the award of the Winter Olympics to Salt Lake City. Joe also acted as lead prosecutor on several high-profile matters, such as the first-ever joint FCPA enforcement action between the SEC and the DOJ against KPMG and Baker Hughes (which is now the template for FCPA enforcement); an insider trading matter against the former CFO of a waste removal company; and a tax fraud prosecution involving an executive of the U.S. Olympic Committee.
Joe provided counsel in high-profile matters, including leading the internal investigation for HealthSouth (relating to the first criminal indictment under the Sarbanes-Oxley Act); representing an executive for Credit Suisse under indictment for allegations related to tax evasion by U.S. citizens; working on notable FCPA investigations and representing financial institutions in enforcement matters with the Consumer Finance Protection Bureau and the Federal Deposit Insurance Corporation. Joe was appointed by the DOJ and the SEC to be the FCPA Compliance Monitor of Weatherford International Ltd., a large multinational corporation in the oil and gas industry, to monitor its FCPA Compliance Program in connection with a deferred prosecution agreement and settlement with those agencies. Joe has acted as Counsel to the monitor for FCA US LLC in the first-ever appointment of a monitorship by the Department of Transportation’s National Highway Traffic Safety Administration.
Joe also represents boards of directors, audit committees, officers, senior management and employees of global corporations in enforcement and criminal matters around the world and he frequently conducts internal investigations and due diligence for global clients. Such matters have included allegations of FCPA violations, healthcare fraud, qui tam and False Claims Act actions, insider trading and similar matters. These matters have included such locations as Brazil, China, France, India, Indonesia, Korea, Kyrgyzstan, Malaysia, Nigeria, Pakistan, the Philippines, Russia, Singapore, Switzerland, Thailand, Turkestan, Turkmenistan, the UK, the United Arab Emirates and Uzbekistan.