J.D. Thomas is a seasoned litigator, trial attorney, and adviser to his clients. J.D. works with individuals and companies on high-stakes matters that carry existential risk, such as jail time, imposition of civil penalties, significant monetary exposure, or reputational harm.
J.D. is committed to advocating for his clients, whether in the courtroom or behind the scenes negotiating a confidential resolution, and understands that every matter is unique. He focuses on helping his clients navigate the complexities of the issues they face, recognizing some can be dealt with swiftly and discreetly, while others demand a vigorous defense to achieve the best possible outcome.
Healthcare Fraud and Abuse and Regulatory Counseling
J.D. has extensive experience working with healthcare clients on False Claims Act and fraud and abuse issues involving the Department of Justice, Health and Human Services Office of Inspector General (HHS-OIG), state Medicaid fraud control units, state attorneys general, and state licensing boards. His background as a former federal prosecutor equips him to handle complex cases involving multiple investigating and prosecuting entities, often encompassing the combined risks of civil, criminal, and administrative penalties. J.D. has represented investor-owned and academic medical centers, large physician groups, behavioral health providers, dental management companies, and a variety of individuals, physicians, and providers across the country. J.D. is ranked by Chambers USA for Healthcare Government Investigations Defense.
J.D. has distinctive experience with the False Claims Act (FCA). As a prosecutor, J.D. led multiple nationwide, cross-district FCA investigations, which gave him a nuanced understanding of the complex nature of FCA qui tam litigation. In private practice, he has continued to focus on False Claims Act defense. He has actively litigated both intervened and non-intervened FCA actions against the Department of Justice and realtor’s counsel and has successfully briefed and argued issues of first impression on behalf of his clients. He has experience defending a broad range of FCA cases, from complicated medical necessity allegations to claims predicated on alleged violations of the Anti-Kickback Statute and Stark Law.
In addition to his FCA and fraud and abuse experience, J.D. has also served as special healthcare counsel to clients operating under corporate integrity agreements with HHS-OIG, and is often asked to provide regulatory counsel to clients in strategic transactions.
Government Investigations and White Collar Defense
Since his return to private practice in 2014, J.D. has assisted clients in the agricultural, manufacturing, road-building, aviation, and educational spaces, among others, in responding to criminal and civil investigations regarding various alleged violations of federal and state law. J.D. knows what to do when his clients are contacted by law enforcement, whether it is through a grand jury subpoena, civil investigative demand, search warrant, or indictment. Facing a government investigation is incredibly stressful. J.D. focuses on helping his clients navigate the complexities of these inquiries by minimizing disruptions to their lives, reducing or eliminating exposure, and achieving closure so they can get back to business as quickly as possible. When resolution short of trial is impossible, J.D. has the experience necessary to take any matter to trial.
Litigation
In addition to his healthcare, government investigations, and white-collar defense practice, J.D. is a seasoned civil litigator. He regularly represents and counsels clients on high-stakes matters that carry the potential for significant public exposure, reputational damage, and financial loss. J.D. has experience with professional liability claims, product liability defense, civil nuisance claims, and Racketeer Influenced and Corrupt Organizations (RICO) Act claims, among others.
