David L. Kirman’s combination of government and commercial experience—federal prosecutor, complex litigation counsel, first-chair trial lawyer, and boardroom advisor—makes him an in-demand lawyer for corporate boards, companies, and executives. David represents clients in litigation, internal investigations, government investigations, and often a mix of all three.
David handles matters involving fraud, illegal sales practices, money laundering, kickbacks, the Foreign Corrupt Practices Act, the Bank Secrecy Act, OFAC, securities laws, RICO, the False Claims Act, and workplace misconduct.
While David’s practice encompasses a wide range of industries, he is a recognized authority on fintech and life sciences. David’s fintech clients include leading blockchain and digital currency companies, which rely on him to defend against government investigations and advise on evolving federal and state laws.
David also has extensive experience in the health care and life sciences industries, where he frequently represents clients in internal investigations and government inquiries.
Before joining O’Melveny, David spent seven years at the US Attorney’s Office in the Central District of California, where he was a member of the Major Frauds Section and a Criminal Healthcare Fraud Coordinator.
He served as lead or co-lead trial counsel in jury trials, argued appeals before the Ninth Circuit, and directed complex grand jury and wiretap investigations.
David is a sought-after speaker on enforcement issues related to fintech and health care. He is also an adjunct professor at Loyola Law School, where he teaches a course on white-collar crime.
- Investigations Experience:
- Conducted board-driven independent investigation for a telecommunications giant into allegations that internet, cable television, and telephone customers around the country were overcharged for services they ordered or billed for services they never agreed to.
- Led defense of CEO of blockchain company in SEC investigation into alleged sales of unregistered securities.
- Led defense of multiple fintech companies in government investigations into potential violations of OFAC.
- Led internal investigation into health care providers related to potential violations of federal criminal laws.
- Serves as outside counsel to the leading enterprise blockchain solution for global payments on regulatory, corporate, and strategic legal matters.
- Conducted numerous board-level and company-level investigations into claims of sexual misconduct and harassment.
- Provided advice on federal and state anti-kickback (AKS) laws, the Foreign Corrupt Practices Act (FCPA), any willing provider (AWP) laws, freedom of choice (FOC) laws, generic drug substitution laws, the Affordable Care Act, the Sunshine Act and state spend laws, drug pricing, group purchasing organizations (GPO), pharmacy benefit managers (PBM), speaker programs, and the Sunshine Act.
- Complex Civil Litigation:
- Led defense of leading pharmaceutical company in whistleblower claims related to kickbacks and off-label promotion.
- Obtained complete dismissal of False Claims Act complaint filed against a subsidiary of one of Korea’s largest power corporations related to renewable energy projects in Oklahoma.
- Led defense of national religious organization accused of wrongful hiring and inadequate supervision of employees and volunteers.
- Defend educational company in nationwide class actions alleging violations of civil-RICO and other consumer protection laws.
- Defend world-class boxer in contract dispute regarding rights assigned to publishing company.
- Represented boxing promoter in dispute with boxer who attempted to nullify a personal services contract through bankruptcy.
- Served on trial team that represented a recreational vehicle manufacturer in a trial seeking damages from a manufacturer of composites used in RV fabrication.
- Public Sector Experience:
- Won convictions in numerous healthcare fraud and kickback trials, including the successful prosecution of a Los Angeles physician assistant in a $18.9 million Medicare fraud scheme and prosecution of six individuals, including two notable Los Angeles pastors, engaged in a $14 million Medicare fraud scheme.
- Conducted Food, Drug, and Cosmetic Act investigations.
- Conducted criminal–civil parallel investigations and evaluated False Claims Act complaints for allegations of criminal conduct.
- Financial Services:
- Prosecuted two financial institutions, their owners, and a compliance officer on Bank Secrecy Act and anti-money laundering charges—one of the first criminal indictments for willful failure to maintain an effective AML program.
- Successfully tried as co-lead counsel high-profile defendant for violation of the Bank Secrecy Act.
- Defense Industry:
- Prosecuted five defendants, including a procurement officer of a major defense contractor, for their roles in a decade-long bribery scheme related to millions of dollars in subcontracts for the manufacturing of satellite parts.
- Prosecuted defense contractor for paying gratuities to government officials.
Corporate & Government Experience:
- Captain, U.S. Army (1996–2001)
- Assistant United States Attorney, Central District of California (2008-2015)
- US Court of Appeal for the Ninth Circuit
- US District Court for the Central District of California
- US District Court for the Southern District of California
- University of California, Berkeley, J.D.: Managing Editor, California Law Review
- United States Military Academy, B.S.
- Honorable Robert J. Timlin, United States District Judge for the Central District of California (2004–2005)
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