RESTON, VA — A Fairfax County man charged with theft of government property after federal agents seized more than $40 million worth of gold bars from his home has reached a plea agreement in principle with prosecutors, according to newly filed federal court records.
David J. Rush and federal prosecutors told the U.S. District Court for the Eastern District of Virginia that they have made "significant progress" toward resolving the case before an indictment is filed.
The parties jointly requested another 21 days to complete paperwork for a potential pre-indictment resolution, including an agreed statement of facts. A federal judge granted the request Friday, extending the government's deadline to indict Rush through Oct. 8. The judge said no further extensions would be granted.
Rush was arrested May 20 on a criminal complaint charging him with theft of government property. A federal judge later determined that Rush posed a serious flight risk and ordered him detained pending trial.
As Patch previously reported, Rush was a former senior executive service-level employee at a federal agency in the Eastern District of Virginia and held a top secret/sensitive compartmented information clearance, according to the earlier court records.
Investigators alleged Rush falsely claimed degrees from Clemson University and Rensselaer Polytechnic Institute and misrepresented portions of his military service and aviation background on government applications and security clearance paperwork.
The FBI also alleged Rush represented that he remained in the Navy Reserve after his 2015 discharge. Government records showed that Rush claimed 744 hours of military leave following his discharge, receiving about $77,000 in compensation, according to the criminal complaint.
Federal investigators also alleged Rush requested large amounts of foreign currency and tens of millions of dollars in gold bars from his employer between November 2025 and March 2026 for purported work-related expenses. Investigators later determined that some of the currency and gold could not be accounted for, according to the complaint.
RELATED: Fairfax Co. Man Charged In Federal Theft Case After FBI Seizes Gold Bars, Cash
During a May search of Rush's Fairfax County home, FBI agents seized about 303 gold bars weighing approximately 1 kilogram each, according to court records cited in Patch's earlier report. The gold bars were estimated at the time to be worth more than $40 million.
Agents also seized approximately $2 million in cash and about 35 luxury watches, many of them Rolexes.
The new filings show the case involves classified evidence, complicating both the investigation and plea negotiations. Prosecutors said classified discovery was provided to Rush's attorneys in August and to Rush himself on Aug. 20, Aug. 31 and Sept. 9.
Defense attorneys must travel to a Sensitive Compartmented Information Facility, or SCIF, to review or discuss classified discovery. Arrangements also must be made with the U.S. Marshals Service to transport Rush to the secure facility so he can discuss the evidence with his attorney, according to the filing.
The government said additional time is needed to complete the proposed statement of facts and obtain approvals from other federal components and agencies. Information contained in the proposed statement also may have to be reviewed by agencies responsible for the classified information.
Prosecutors and Rush's attorney told the court that proceeding to an indictment and trial would likely require significant litigation involving classified material. They argued that resolving the case before indictment would conserve government and judicial resources.
The Oct. 8 deadline represents the third and final extension granted in the case. The court's order specifically states that no additional extensions will be allowed.
Rush has not yet entered a guilty plea, and the newly filed documents do not disclose what charge or charges would be included in any plea agreement.
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