Photograph of David B. Robbins

Government Experience

  • Department of Defense—U.S. Air Force: Office of the General Counsel (2009-2013): Suspending and Debarring Official (acting); Procurement Fraud Remedies Director; Counsel to Suspending and Debarring Official; Co-Chair Department of Defense/NASA Procurement Fraud Working Group, Deputy General Counsel (acting)

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

Admissions

  • District of Columbia
  • Maryland

Video Alert


David Robbins - Suspension & Debarment

Suspension and Debarment in Government Contracting
June 2016: In a three-part video series, David discusses suspensions and debarment and provides some tips on how best to navigate these challenging sets of circumstances. Click here to watch and access a transcript.

David B. Robbins, Partner Washington, D.C.
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 and a member of the firm's Government Contracts Group.

David is the only Procurement Fraud Remedies Coordination Official and is one of only a few former government Suspending and Debarring Officials in private legal practice. David also co-chaired the 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. Clients rely on David’s breadth of experience with procurement fraud, complex investigations, False Claims Act, ethics, compliance, disclosures, suspension and debarment matters to guide them through extremely complex, bet-the-company matters. His insider understanding of the way regulators address performance issues, misconduct, and integrity concerns helps clients tell the right story to the government, in the right way, to preserve customer relationships while proactively addressing and resolving investigations, enforcement actions, False Claims Act matters, and other inquiries.

Clients take comfort in David’s ability to offer comparisons to thousands of past investigations, debarments, and procurement fraud matters when crafting strategies toward successful outcomes and continued eligibility for new contracts and awards. Combining his experience as government contractor, his M.B.A. education, and his government-side acquisition and enforcement backgrounds, David finds common ground and achieves results in a wide range of matters. David is the co-host of 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.

REPRESENTATIVE EXPERIENCE

FALSE CLAIMS ACT INVESTIGATIONS

  • Investigated and successfully defended before the Department of Justice and U.S. Attorney’s Office allegations of major fraud and Civil False Claims Act violations in a parallel criminal and civil investigation; managed inquiries from multiple Offices of Inspector General and interactions with prosecutors and civil fraud attorneys.
  • Investigated and successfully defended allegations of Civil False Claims Act violations in the disaster services contracting industry.
  • Investigated and successfully resolved allegations of Civil False Claims Act violations (qui tam case filed) in construction contracting before the Department of Justice and U.S. Attorney’s Office.

CRIMINAL 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.

SPECIAL COUNSEL, BOARD COUNSEL, AND CORPORATE MONITORING

  • Engaged as special board counsel to conduct a procurement fraud investigation and advise on business ramifications.
  • Retained by senior management and board members to provide special counsel, strategic options, and practical business solutions to manage issues identified in internal investigations of multi-million dollar contracts by professional services firms.
  • Served as special counsel to ownership group and board of directors of an Intelligence Community contractor during parallel investigations by multiple Offices of Inspector General.
  • Monitored ongoing compliance with undertakings and representations made in connection with a non-prosecution decision following an investigation into SBA 8(a) Business Development Program eligibility.

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; among others.

EXPERT WITNESS TESTIMONY

  • Qualified as an expert in the application for, compliance with, and sanctions for noncompliance with personal security clearances and facility security clearances. Testimony assisted in obtaining a multi-million dollar verdict.

DISCLOSURES

  • Routinely leverage senior government and contractor experience to mitigate business risk in the Mandatory Disclosure process. Advising IT, Telecom, R&D, Manufacturing, and Professional Services firms.
  • Developed and implemented a successful, proactive disclosure strategy with DoD and civilian debarring officials, and Intelligence Community Inspector General organizations, that avoided suspension/proposed debarment. Preserved the client’s primary multi-year government contract worth nearly $100 million in annual revenue.

ETHICS AND COMPLIANCE

  • Regularly provide ongoing ethics and compliance counsel to contractors of all sizes and across industries, aligning with best practices. 
  • Provide training on ethics and compliance.
  • Develop and evaluate effectiveness of ethics and compliance policies and procedures.

TRANSACTIONS

  • Routinely advise buyers and sellers concerning government contracts aspects of corporate transactions.
  • Proactively prepare contractors for sale by reviewing contract compliance and preparing for diligence.
  • Investigate allegations of impropriety that arise during diligence, advising financial institutions, buyers, and sellers through this process.


Affiliations

Admitted to practice: District of Columbia, Maryland

Memberships

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


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Feb.22.2016 Former Government Suspending and Debarring Official and Procurement Fraud Remedies Coordination Official Joins Crowell & Moring