[Pick-A-Hill2019]

It [ExpressVPN] said it had not known of the federal investigation or the details of Gericke's work in UAE

Seriously?

So either he lied or they are lying. I'm not an expert in American employment laws but would have assumed that one of the conditions of employment would be disclosing/reporting being under a federal investigation.

[stronglikedan]

You don't have a legal duty to tell a prospective employer anything. The burden is on them to perform any background checks, if they want.