David J. Leviss

Senior Counsel

David Leviss is a Senior Counsel in O’Melveny’s Washington, DC office and a member of the White Collar Defense and Corporate Investigations Practice.

David focuses his practice on defending corporations and individuals from whistleblower qui tam actions under the False Claims Act and civil and criminal enforcement actions based on the Anti-Kickback Statute and other provisions. He also represents corporations, institutions and individuals in high-profile congressional investigations.

Prior to joining O’Melveny in February 2011, David served as a Trial Attorney with the Civil Division of DOJ and then held high-ranking investigative positions on US House of Representatives committees, most recently as Chief Oversight Counsel and Deputy Chief Investigative Counsel for the Committee on Energy and Commerce, and prior to that as Senior Investigative Counsel for the Committee on Oversight and Government Reform.

As Chief Counsel, David was responsible for oversight of federal agencies, departments, and programs within the Energy and Commerce Committee’s jurisdiction, which includes health care, energy, environment, food and drug safety, consumer protection, auto safety, cyber security, privacy, and telecommunications. As Senior Investigative Counsel, David served as lead counsel on several high-profile investigations concerning waste, fraud, abuse, and deficiencies in corporate governance.

Congressional Investigations Experience

• The BP Deepwater Horizon oil spill, its potential causes, and impacts
• Business practices in the private health insurance market
• Regulation and safety of the food supply, including an outbreak of Salmonella in eggs
• Toyota, the effectiveness of the National Highway Traffic Safety Administration, and reported incidents of sudden unintended acceleration
• Causes and effects of the 2009 financial crisis, including the role of Alan Greenspan and other federal regulators; the collapse of Lehman Brothers; the public effects of various corporate executive compensation practices; and the events leading to the federal takeover of Fannie Mae and Freddie Mac
• The dissemination of misleading information about the death of Army Ranger Pat Tillman
• Allegations of serious misconduct by government officials within the Department of Justice, the Office of the Inspector General for the Department of State, the General Services Administration, and the Office of the Special Counsel
• White House violations of the Hatch Act and abuse of federal resources for partisan political gain
• Represent a financial services company in a congressional investigation involving a wireless broadband services provider that received a government loan to expand its operations and then filed for bankruptcy
• Counseling a national managed care health insurance company in a congressional investigation concerning drug rebates paid to pharmacy benefit managers
• Represent an investment bank in a congressional investigation into the bank’s role as a financial advisor to a bankrupt solar panel manufacturer that received a government loan guarantee
• Represent a national bank in responding to a congressional inquiry concerning residential mortgage foreclosure activities that allegedly violated the Servicemembers Civil Relief Act

As a Trial Attorney with the Civil Division of DOJ, David investigated and litigated civil fraud matters in federal courts nationwide, including whistleblower qui tam actions under the False Claims Act. Of his dozens of matters—many involving issues concerning health care reimbursement under Medicare and Medicaid, defense contracts, general procurement, and federally insured mortgages—David took several through mediation or trial. David’s work at DOJ was well-regarded: in 2003, he received a Special Commendation for his role in a landmark case against a national hospital chain, followed by an Award for Excellence in 2007 from the President’s Commission on Integrity and Efficiency for his work in a precedent-setting defective pricing case against a major software company.

False Claims Act Experience

• Recovered US$98.5 million from a global software company, resolving defective pricing allegations concerning GSA schedule contracts for software and related services. Largest civil settlement in the history of the Multiple Award Schedule program.
• Recovered US$41 million from a global bank, resolving allegations of false certifications concerning compliance with underwriting practices required for originating HUD-insured mortgages. Largest civil settlement in the history of the Federal Housing Administration.
• Recovered US$15 million from a Florida hospital and its physician owners, resolving alleged Medicare billing violations under the False Claims Act and the Anti-Kickback Statute.
• Recovered US$11.5 million from a technology company, resolving allegations of failure to implement mandatory quality-assurance processes in manufacture of military safety-critical jet engine components.
• Represented a global healthcare company in a False Claims Act investigation brought by the US Attorney’s Office, resulting in a declination by DOJ and dismissal of the qui tam complaint by the relator.
• Defending a national health insurer in a declined qui tam action alleging False Claims Act violations under the Medicare Advantage program.
• Defending two different financial institutions in qui tam actions against a number of banks and loan servicers alleging false claims to the government concerning the purchase of mortgages-backed securities by the US Treasury.

Prior to joining DOJ, David worked as an associate doing general business litigation at a New York law firm.

Professional Activities

Admitted to Practice, US District Court, New Jersey; US District Court, Southern District of New York; US District Court, Eastern District of New York
Clerkship, Honorable Colleen McMahon, US District Court, Southern District of New York
Member, American Health Lawyers Association
Speaker, “Collision at the Intersection of Managed Care and the Anti-Kickback Statute and False Claims Act," American Health Lawyers Association and Health Care Compliance Association's Fraud and Compliance Forum (Sept. 26, 2011); “Critical Components for Structuring, Implementing and Conducting Audits and Internal Investigations to Avoid Liability and Whistleblowers’ Suits,” American Conference Institute’s 11th National Conference (April 28, 2011); as well as various speeches over the past decade on civil fraud and congressional oversight topics
Co-Author, “Is Sorrell the Death Knell for FDA’s Off-Label Marketing Restrictions?” Journal of Health & Life Sciences Law (Feb. 2012)