J.D., Yale Law School
B.A., with highest honors, Denison University; Phi Beta Kappa
Olin Fellow in Law and Economics, Yale Law School
London School of Economics
Articles Editor, Yale Journal of International Law
Law Clerk for the Honorable Albert J. Engel, Chief Judge, U.S. Court of Appeals for the Sixth Circuit (1989-1990)
Bar and Court Admissions
District of Columbia Bar
U.S. Courts of Appeals for the District of Columbia and Fifth Circuits
U.S. District Courts for the Central District of California, District of Columbia, District of New Jersey, Eastern District of Arkansas, Eastern District of Louisiana, Eastern District of Missouri, and Eastern District of Virginia
Rod specializes in criminal and civil government investigations and litigation, internal investigations, civil fraud allegations, and congressional investigations. He served more than 10 years in the U.S. Attorney's Office in Washington, DC and was lead counsel on numerous criminal and civil trials. As part of his extensive background in federal and state investigations and prosecutions, he routinely represents clients in internal investigations, subpoena matters, False Claims Act (FCA) and qui tam matters, criminal investigations, Foreign Corrupt Practices Act (FCPA) matters, civil investigative demands, congressional investigations, and parallel civil and criminal proceedings.
Rod's background in criminal and civil investigations and litigation spans broad substantive areas, including federal and state investigations, contract, grant, and procurement fraud investigations, health care fraud investigations, food and drug investigations, ethics issues, whistleblower allegations, grand jury, and subpoena matters.
His district court and appellate civil litigation experience spans diverse areas, including constitutional, statutory, and regulatory challenges to agency action, administrative law, employment, information and privacy, contracts, and telecommunications, among others.
- Routinely represents companies in connection with procurement fraud, FCA, FCPA, Anti-Kickback Act, and other civil and criminal fraud allegations and issues.
- Frequently represents clients on subpoena matters, civil investigative demands, internal investigations, and government investigations.
- Routinely represents government contractors on alleged fraud matters and compliance, training, and policies.
- Represents public companies in FCA investigations and litigation related to alliance agreements, kickbacks, and defective pricing claims.
- Counseled a global public company in relation to FCPA issues.
- Counseled a large telecommunications provider in qui tam litigation related to alleged improper billing.
- Counseled an audit committee of a large provider of pharmaceutical care in an internal investigation.
- Represented a large health care management company in relation to allegations under the FCA.
- Represented a telecommunications services provider involved in Federal Communications Commission (FCC), U.S. Securities and Exchange Commission (SEC), and U.S. Department of Justice (DOJ) investigations.
- Counseled a company in relation to an Office of Congressional Ethics (OCE) investigation.
- Represented an engineering construction maintenance procurement company in FCA litigation.
- Represented a government contractor in relation to civil and criminal allegations by the Defense Logistics Agency and DOJ.
- Acted as counsel in investigations by the Office of Special Inspector General for Afghanistan Reconstruction (SIGAR) and Office of the Special Inspector General for Iraq Reconstruction (SIGIR).
- Performed an internal investigation on behalf of a communications company related to FCC and compliance issues.
- Routinely counsels clients in connection with potential voluntary and mandatory disclosures.
- Counseled a global media and entertainment company in relation to compliance issues.
- Performed an internal investigation and compliance for large public company related to gifts, gratuities, and conflicts of interest.
- Represented a global insurance company in relation to a grand jury investigation.
- Counseled a health care services organization in connection with a congressional investigation.
- Frequently represents aerospace, shipping, consulting, IT, manufacturing, and other government contractors in criminal and civil investigations.
- Represented a U.S. Congressman in relation to allegations of false statements and disclosures.
- Represented a director and officer of a pharmaceutical company in U.S. Food and Drug Administration (FDA), DOJ, and SEC investigations.
- Routinely represents employees of companies or other individuals involved in inspector general or other government investigations.
- Counseled a White House official in Office of Special Counsel investigation.
- Represented an ambassador in relation to alleged false financial disclosures.
- Represented a senior White House official in connection with allegations of false statements and obstruction.
- Counseled a senior government official on alleged Hatch Act violations.
- Routinely represents individuals who have received a subpoena, civil investigative demand, and other criminal and civil requests for information, interviews, or testimony.
- Counseled a public university in connection with an internal investigation.
- Represented a non-profit in relation to investigation by state attorney general.
- Counseled a large scientific trade association in relation to a congressional investigation.
- Represented a trade association in relation to due diligence issues.
- Counseled a television broadcaster in connection with a government investigation.
- Represented a non-profit in relation to a grand jury subpoena in a public corruption matter.
U.S. Attorney's Office:
- Lead counsel on more than 40 criminal and civil trials.
- Lead counsel in complex criminal and prosecutions, including an investigation that involved more than two dozen federal and state authorities in nine states. Complex investigations have involved substantial experience in grand jury and administrative subpoenas, wiretaps, search warrants, and other law enforcement methods.
- Briefed and argued numerous cases and motions before federal trial and appellate courts.
- Assistant U.S. Attorney, U.S. Attorney's Office for the District of Columbia, Criminal and Civil Divisions (1994-2005)
- Litigation associate, large Washington, DC law firm (1990-1994)
- American Bar Association (ABA), Section of Public Contract Law
- American Bar Association, Criminal Justice Section, White Collar Crime Committee
- Assistant United States Attorneys’ Association for the District of Columbia
- William B. Bryant Inn of Court
- Named to Law360's Government Contracts Editorial Advisory Board (2018)
News & Insights
- February 2018 | Newsletter
- February 1, 2018 | Media MentionLaw360
- January 29-30, 2018 | New York, NY | Speaking EngagementMateriality and Implied False Certification: Split Circuit Decisions and the Impact of Escobar on Pending and Future False Claims Cases5th Advanced Forum on False Claims & Qui Tam EnforcementRoderick L. Thomas, Panelist
- January 25, 2018 | AlertThe Granston Doctrine?: Memorandum Indicates New Emphasis on Proactive Dismissals of Meritless False Claims Act Cases
- November 2017 | Newsletter
- June 7, 2017 | Media MentionRoderick Thomas Discusses Implied Certification Theory in SCOTUS ‘Escobar’ Ruling as One-Year Anniversary ApproachesBloomberg BNA’s Federal Contracts Report
- March 29, 2017 | Speaking EngagementThe Evolving False Claims Act: What to Expect and How to Comply After Escobar and Under the New AdministrationWiley Rein Webinar
- February 2017 | Newsletter
- January 30, 2017 | New York, NY | Speaking EngagementACI's 4th Advanced Forum on False Claims and Qui Tam EnforcementRoderick L. Thomas, Speaker
- January 24, 2017 | ArticleLaw360Roderick L. Thomas, Colin J. Cloherty
- December 7, 2016 | AlertRoderick L. Thomas, Madeline J. Cohen
- October 31, 2016 | Media MentionBloomberg BNA’s Federal Contracts Report
- September 30, 2016 | AlertAgencies Finalize Rule Prohibiting Federal Contracts with Corporations that have Federal Tax Liability or a Felony Conviction
- June 29, 2016 | Alert
- June 28, 2016 | Online Webinar | Speaking EngagementUnited Health Services: Reshaping the False Claims Act Liability Landscape for Federal ContractorsWiley Rein
- June 17, 2016 | Media MentionBloomberg BNA’s Federal Contracts Report
- June 16, 2016 | Alert
- June 16, 2016 | AlertSupreme Court Holds “Implied Certification” a Valid Theory under the False Claims Act But Establishes a Strong New Defense for Defendants
- June 2, 2016 | AlertRoderick L. Thomas, Madeline J. Cohen
- August 18, 2015 | Media MentionBloomberg BNA’s Federal Contracts Report
- August 12, 2015 | Media MentionBloomberg BNA’s Federal Contracts Report
- Summer 2015 | NewsletterSeventh Circuit Holds “Implied Certifications” Do Not Create False Claims Act Liability and Deepens Circuit Split
- May 26, 2015 | AlertSupreme Court Rules the Statute of Limitations of the Civil False Claims Act is Not Tolled During WartimeShane B. Kelly, Roderick L. Thomas
- April 2015 | ArticleU.S. Supreme Court Appears Poised to Eliminate Indefinite False Claims Act Tolling in Wartime and Could Permit Successive Qui Tam ActionsPratt's Government Contracting Law Report
- April 10, 2015 | AlertThe Sixth Circuit Deals a $657 Million Reminder That the Government Bears the Burden of Proving DamagesRoderick L. Thomas, George E. Petel
- April 8, 2015 | Media MentionBloomberg BNA's Federal Contracts Report
- February 24, 2015 | Alert
- January 13, 2015 | AlertU.S. Supreme Court Appears Poised to Eliminate Indefinite False Claims Act Tolling in Wartime and Could Permit Successive Qui Tam Actions
- July 3, 2014 | Media MentionLaw360
- July 1, 2014 | AlertRoderick L. Thomas
- Spring 2014 | Newsletter“Willfully” Reinterpreted: The Effect of DOJ’s Latest Interpretation of False Statement Statutes on Contractors’ Mandatory Disclosure Obligations
- April 2, 2014 | Media MentionLaw360
- February 2014 | Article
- January 16, 2014 | AlertRoderick L. Thomas
- August 28, 2013 | ArticleFifth Circuit Limits Liability under the False Claims Act for “Certifications” and Offers a New Framework
- August 23, 2013 | Media MentionBloomberg BNA’s Federal Contracts Report
- June 24, 2013 | Alert
- May 29, 2013 | Media MentionThe Financial Times
- March 27, 2013 | AlertRoderick L. Thomas
- October 10, 2012 | AlertSixth Circuit Hits the Brakes on District Court’s FCA Ruling, Noting the FCA is not a Vehicle to Police Technical Compliance with Complex Federal Regulations
- October 2012 | AlertYou're Hired? Balancing the Risks and Benefits of Criminal Background Checks in Hiring Is More Crucial Than Ever for Government ContractorsThe Metropolitan Corporate Counsel Vol. 20, No. 10Roderick L. Thomas
- August 27, 2012 | Media MentionModernHealthcare.com
- August 13, 2012 | Media MentionBloomberg BNA's Federal Contracts Report
- August 6, 2012 | ArticleGovernment Contracts Law360
- August 3, 2012 | AlertThe Fifth Circuit Rules that Government Employees Can Blow the Whistle on Alleged False Claims Act Violations
- April 26, 2012 | Media MentionBloomberg BNA's Federal Contracts Report
- April 2012 | ArticleThe Metropolitan Corporate Counsel Vol. 20 No. 4
- March 2012 | ArticleCan You Survive a Fraud Investigation? Part 1: A Practical Guide to Preparing for Government InvestigationsThe Metropolitan Corporate Counsel Vol. 20, No. 3
- December 2, 2011 | Washington, DC | Speaking EngagementInvestigations and Inspectors GeneralArmy and Navy ClubRoderick L. Thomas, Panelist
- November 30, 2011 | ArticleGrounds to Investigate: Qui Tam Lawsuits and the First-to-File BarBNA's Federal Contracts ReportRoderick L. Thomas
- November 17, 2011 | ArticleLaw360Roderick L. Thomas
- November 10, 2011 | Media MentionBNA's Federal Contracts Report
- November 2011 | ArticleContract ManagementRoderick L. Thomas, Craig Smith
- May 23, 2011 | ArticleLaw360Roderick L. Thomas
- May 17, 2011 | AlertParasitic Whistleblower Rides Schindler Elevator to the Top Only to be Shot Down by the Supreme CourtRoderick L. Thomas
- April 7, 2011 | Media MentionBNA's Federal Contracts Report
- December 29, 2006 | Press Release