David Carney has significant, varied experience in government enforcement, internal investigations, complex civil litigation and corporate compliance programs. David’s broad experience has honed his ability to identify issues quickly, acquire and prioritize relevant information and knowledge, creatively solve problems and mitigate collateral consequences in parallel proceedings.
Government Enforcement and Internal Investigations
David has successfully represented both individuals and companies facing investigations and enforcement proceedings by government agencies, including the Department of Justice, the Securities and Exchange Commission, the Public Company Accounting Oversight Board, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the General Services Administration and the U.S. Postal Service. In these matters, he has advised and counseled on financial reporting and disclosure, the Foreign Corrupt Practices Act, compliance with generally accepted auditing standards, the False Claims Act, safety and soundness compliance, fair lending, and suspension and debarment. David is a zealous advocate in his interactions with government agencies, and his context-specific advocacy adjusts to maximize the potential for the most advantageous result.
David has conducted internal investigations for an array of clients confronted by varying issues. He has represented, among others, global pharmaceutical concerns, manufacturers (including apparel, automobile, dental products), information technology firms, accounting firms, financial institutions and travel firms. His investigations have included allegations of corruption, finance and accounting fraud, disclosure misrepresentation, money laundering and breach of risk-mitigation controls, breaches of policies and procedures, non-compliance with study protocols in sponsored research studies, overriding risk management committee safety controls, data suppression and conflicts of interest. David endeavors to minimize business disruption that internal investigations may cause while efficiently and accurately building the factual record to provide clients with the best advice.
David managed an independent compliance consultancy for the U.S. Agency for International Development and one of its contractors. In this role, he designed and executed a testing program to periodically evaluate compliance, and reported findings and recommendations to the contractors executive and board leadership and to the Agency. In this role, David has emphasized collaboration and reasonable skepticism instead of the antagonism and overt disbelief that can characterize many monitorships and independent compliance consultancies.
During his two-decade career, David has asserted and defended civil litigation claims on behalf of a diverse group of clients, many of whom were confronting existential threats. From a travel technology company facing antitrust claims to a rabbi asserting personal injury claims for a traumatic brain injury, from debtor engineering and construction firms managing creditor claims to a family member in an intra-family dispute over control of an insurance firm, from a real estate concern addressing a third-party subpoena to a construction firm defending a personal injury claim, David has litigated claims involving many different subject matters. David has significant experience in securities class action litigation, which is often related to his government enforcement and internal investigations work. In these civil representations, David applies his skills and experience to the unique circumstances of his clients to position these matters for the most favorable outcome, even if that can only be achieved through trial.
Compliance Programs and Due Diligence
David designs, implements and assesses compliance programs, with an emphasis on anti-corruption programs, for clients in a range of industries, including fintech, crypto, government contracting, apparel, consumer products and nonprofits. He has used his experience and formal, certified training to develop right-sized, risk-based programs that clients can actually execute. He has led multi-disciplinary teams to evaluate whether client compliance programs satisfy Department of Justice guidance on effective compliance programs. He has used the findings of such evaluations to assist clients in the continuous improvement cycle by recommending program enhancements.
Clients have called upon David to conduct litigation and anti-corruption due diligence in some of the most challenging contexts. More than once, he has either performed anti-corruption diligence on a target that was the subject of a pending anti-corruption investigation or enforcement proceeding or identified heightened corruption risk through his work. His expertise in diligence and compliance programs has allowed him to fashion effective mitigation or remediation strategies that were creative or pragmatic, as the matter demanded.