David V. Harbach II


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David Harbach

David Harbach is a skilled trial lawyer and former senior federal prosecutor. David has tried more than 35 cases to verdict in federal and state courts, including some of the nation’s highest-profile public corruption cases. He served for more than 13 years as an Assistant US Attorney and prosecutor with the Department of Justice’s Criminal Division, where he led complex white collar cases and investigations involving financial fraud, corruption, RICO allegations, campaign finance violations, and large-scale narcotics and violent crime. As a member* of the firm’s White Collar Defense & Corporate Investigations practice, David represents corporations and their boards and executives in high-stakes criminal and civil investigations and litigation.

Prior to joining O’Melveny, David was with the Kosovo Specialist Prosecutor’s Office in The Hague, Netherlands, where he co-led an investigation into crimes against humanity and war crimes committed during the Kosovo conflict in the late 1990s. Prior to that role, he served as an Assistant US Attorney in the Eastern District of Virginia, and as Managing Assistant US Attorney and Criminal Supervisor of the Richmond Division office, overseeing 21 prosecutors. From 2014 to 2015, David was on detail as Special Counsel to FBI Director James Comey. Before his work with the FBI, he served as a Trial Attorney in the DOJ Criminal Division’s Public Integrity Section, earning the Deputy Chief title after two years. He was an Assistant US Attorney in the Southern District of New York from 2005 to 2010.


Corporate & Government Experience

  • Prosecutor, Kosovo Specialist Prosecutor's Office
  • Assistant US Attorney, US Attorney’s Office, Eastern District of Virginia 
  • Special Counsel, Office of the Director, Federal Bureau of Investigation 
  • Deputy Chief, Public Integrity Section, Criminal Division, US Department of Justice 
  • Assistant US Attorney, US Attorney’s Office, Southern District of New York
  • Assistant District Attorney, Harris County District Attorney’s Office, Houston, Texas 

Honors & Awards

  • Fellow, American College of Trial Lawyers
  • Attorney General’s Award for Distinguished Service 
  • Assistant Attorney General’s Award for Exceptional Service


Bar Admissions

  • Texas

*Admitted only in Texas; supervised by principals of the firm.


  • Harvard University, J.D., 1998
  • Duke University, B.A., Political Science and Mathematics, 1993: magna cum laude; Phi Beta Kappa

Professional Activities


  • Richmond Bar Association, Richmond, Virginia