John S. Davis is a member of the Litigation Section and serves as co-chair of the White Collar and Investigations Team and co-chair of the Whistleblower Defense Team and also practices with the firm’s Appellate Team.

John S. Davis is a member of the Litigation Section and serves as co-chair of the White Collar and Investigations Team and co-chair of the Whistleblower Defense Team and also practices with the firm’s Appellate Team.

Mr. Davis is a former Assistant U.S. Attorney for the Eastern District of Virginia who served more than 20 years with the U.S. Department of Justice before joining Williams Mullen. During his federal career Mr. Davis worked in a variety of capacities, including as Criminal Chief in the Northern District of Georgia (Atlanta), Criminal Chief in the Eastern District of Virginia, and Associate Deputy Attorney General under James B. Comey at the Justice Department. He served as the Senior Privacy Official in the Department of Justice; a member of the Advisory Committee on the Federal Rules of Evidence; and Chairman of DOJ’s Criminal Chiefs’ Working Group. He was also an Adjunct Assistant Professor of Law at the University of Richmond’s T.C. Williams School of Law.

Since joining the firm, Mr. Davis has conducted several internal investigations for Fortune 500 or Global 500 corporations and investigated and settled a False Claims Act matter on behalf of a multi-state health care provider.  He has represented companies, executives, businessmen, and employees investigated for or charged with federal fraud or bribery crimes and tax evasion.

Mr. Davis’s experience also includes the prosecution of a wide variety of criminal cases, including mail and wire fraud, procurement fraud, trademark and copyright infringement, Medicaid fraud, securities fraud, and environmental crimes cases, among many others. He is well-known for his work in high-profile national security cases, including the indictment (in the Southern District of New York) of KSM and the 9/11 conspirators; five Somali pirates who attacked a Navy ship in 2010; “American Taliban” John Walker Lindh; the WikiLeaks investigation; and the Khobar Towers terrorist bombing in Saudi Arabia. Mr. Davis also established the U.S. office in support of the Iraq War Crimes Tribunal that tried Saddam Hussein. He has tried more than 75 cases to verdict, and handled more than 75 appeals in the United States Courts of Appeals for the First, Fourth, and Eleventh Circuits.

Mr. Davis is licensed to practice in Virginia, Georgia, and New Hampshire. A native of Charlottesville and a graduate of Davidson College, he received his juris doctor, magna cum laude, from the Harvard Law School. Mr. Davis served as a law clerk to Justice William F. Batchelder of the New Hampshire Supreme Court.

Representative Experience:

LEGAL DISCLAIMER: THE RESULTS OF ANY LEGAL MATTER DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH MATTER. PAST RESULTS DO NOT PREDICT OR GUARANTEE SIMILAR RESULTS IN ANY FUTURE MATTER.

 

Private Sector Experience

  • Represented multi-state health care provider in False Claims Act investigation by Department of Defense regarding claims submissions, and negotiations and settlement with Department of Justice
  • Represented Fortune 500 corporation and government contractor in internal investigation of allegations of deficiencies in Internal Verification and Validation services
  • Represented Global 500 company in internal investigation and response to Senate Subcommittee’s request for documents relating to billing practices
  • Represented Fortune 500 company in internal investigation of allegations of quality deficiencies at manufacturing facility  
  • Represented financial institution in protection of multiple properties named in federal criminal forfeiture proceeding
  • Represented corporate importer in internal investigation of employee’s self-dealing in commodities transactions
  • Represented small businessman and user of cloud-based data storage service in motion for return of property seized in federal criminal copyright-infringement case
  • Represented nursing home corporation in criminal and civil investigation of quality of care allegations by Department of Justice, FBI, and state Medicaid fraud unit
  • Represented former executive in post-judgment negotiations with Securities Exchange Commission
  • Represented businessman, convicted and sentenced for federal identity theft crimes, on direct appeal to Fourth Circuit

 

Government Experience
National Security:

  • United States v. Khalid Sheikh Mohammed, No. 93CR180 (S.D.N.Y. 2009) (indictment of five al Qaeda conspirators for 9/11 attacks)
  • United States v. John Walker Lindh, 212 F. Supp. 2d 541 (E.D. Va. 2002) (prosecution of "American Taliban")
  • United States v. Al-Mughassil, No. 01-228-A (E.D. Va. 2001) (indictment of 14 Hezbollah conspirators for Khobar Towers bombing in Saudi Arabia)
  • United States v. Dire, 680 F.3d 446 (4th Cir. 2012) (trial and appeal of five Somali pirates who attacked Navy ship in Indian Ocean; first federal piracy trial in 150 years)
  • In re Application of United States, 850 F. Supp. 2d 114 (E.D. Va. 2011) (defense of Stored Communications Act order in WikiLeaks investigation)
  • In re Four Search Warrants, 945 F. Supp. 1563 (N.D. Ga. 1996) (Atlanta Olympic Park bombing)


Financial Fraud:

  • United States v. Day, 2011 U.S. Dist. LEXIS 130291 (E.D. Va. 2011) (defense contracting fraud trial)
  • United States v. Curry, 461 F.3d 452 (4th Cir. 2006) (appeal of mail and wire fraud convictions)
  • United States v. Hofler, 182 F. App'x 174 (4th Cir. 2006) (appeal of convictions in investment fraud scheme)
  • State v. Williams, 581 A.2d 78 (N.H. 1990) (securities fraud trial and appeal involving real estate limited partnership scheme)
  • State v. John C. Fairbanks (Sullivan Co. (N.H.) 1989) (indictment of former judge for $1.8 million embezzlement)


Health Care Fraud:

  • United States v. Dyke, 34 F. App'x 931 (4th Cir. 2002) (wire fraud and money laundering prosecution of ersatz physician)
  • State v. Hermsdorf, 605 A.2d 1045 (N.H. 1992) (Medicaid fraud trial of pharmacist and pharmacy)


Bribery:

  • United States v. Lockheed Corp., No. 1:94CR226 (N.D. Ga. 1995) (supervision of FCPA prosecution)


Environmental Crime:

  • United States v. Lapteff, 160 F. App'x 298 (4th Cir. 2005) (Clean Water Act trial)
  • United States v. Hong, 242 F.3d 528 (4th Cir. 2000) (Clean Water Act trial and appeal involving responsible corporate officer doctrine)
  • United States v. Cunningham, 194 F.3d 1186 (11th Cir. 1999) (hazardous waste trial and appeal)
  • United States v. Goldsmith, 978 F.2d 643 (11th Cir. 1992) (hazardous waste trial and appeal)


Intellectual Property:

  • United States v. Thomas, 331 F. App'x 263 (4th Cir. 2009) (trafficking in counterfeit goods)
  • United States v. Chouman, No. 3:07CR79 (E.D. Va. 2007) (prosecution of New York counterfeit clothing wholesaler)

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE LAWYER.

  • Represented multi-state health care provider in False Claims Act investigation by the Department of Defense regarding claims submissions, and negotiations and settlement with Department of Justice
  • Represented small businessman in criminal tax prosecution and jury trial in Eastern District of Virginia.  The defendant was acquitted on all charges 
  • Represented Fortune 500 corporation and government contractor in internal investigation of allegations of deficiencies in Internal Verification and Validation services
  • Represented Global 500 company in internal investigation and response to Senate Subcommittee’s request for documents relating to billing practices
  • Represented Fortune 500 company in internal investigation of allegations of quality deficiencies at manufacturing facility 
  • Represented Fortune 500 company in internal investigation of allegations of failure to report maintenance mishaps to government customer
  • Represented Fortune 500 company in internal investigation of allegations of employee mischarging on government contracts
  • Represented administrator of health insurance policies in criminal RICO and fraud prosecution in Western District of Virginia
  • Represented businessman in criminal prosecution in Southern District of New York for exportation of goods to Iran.  All charges were dismissed.
  • Represented former real estate executive in loan fraud investigation in Western District of Virginia
  • Represented oil company executive in insider trading investigation before Securities and Exchange Commission
  • Represented loan officer in mortgage fraud prosecution in Eastern District of Virginia
  • Represented multi-state contractor in cost-billing fraud grand jury investigation in Eastern District of Virginia
  • Represented multi-state health care provider in criminal investigation in Eastern District of Virginia
  • Represented government employee in tax evasion and bankruptcy fraud prosecution in Eastern District of Virginia
  • Represented Medicaid services provider in health care fraud investigation in Eastern District of Virginia
  • Represented businessman in public corruption investigation in Eastern District of New York
  • Represented Medicaid services provider in health care fraud prosecution in Eastern District of Virginia
  • Represented CEO of financial institution in appearance as witness in federal bank fraud trial
  • Represented corporate importer in internal investigation of employee’s self-dealing in commodities transactions
  • Represented small businessman and user of cloud-based data storage service in motion for return of property seized in criminal copyright-infringement case in Eastern District of Virginia
  • Represented nursing home corporation in criminal and civil investigation of quality of care allegations by Department of Justice, FBI, and state Medicaid fraud unit
  • Represented former executive in post-judgment negotiations with Securities Exchange Commission
  • Represented physician and victim of investment fraud scheme in motion to obtain protective order against internet harassment
  • Represented gang member in capital homicide prosecution in Eastern District of Virginia
  • Represented businessman, convicted and sentenced for federal identity theft crimes, on direct appeal to Fourth Circuit