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Roderick L. Thomas

Partner, White Collar Def. & Govt.Investig. | Wiley Rein LLP

Roderick L. Thomas's profile photo
LocationWashingtonDistrict of Columbia, United States
Current rolePartner, White Collar Defense & Government Investigations PracticeWiley Rein LLP · since May 2005
Government service11yrsU.S. Attorney’s Office · Court of Appeals for the Sixth Circuit

About

Rod is a former federal prosecutor who specializes in criminal and civil government investigations and litigation, the False Claims Act (FCA), internal investigations, fraud allegations, and congressional investigations. Chambers USA has recognized Rod as a Band 1 attorney, commenting that he is “a leading practitioner within the FCA space, and has developed an impressive reputation for his handling of cases involving government contractors and procurement fraud.”

He served more than ten years in the U.S. Attorney’s Office in Washington, DC, in both the Criminal and Civil Divisions, and was lead counsel more than forty criminal and civil trials. He routinely represents clients in internal investigations, FCA and qui tam matters, investigations related to government contracts and grants, whistleblower claims, subpoenas and civil investigative demands, congressional investigations, health care fraud and food and drug investigations, Foreign Corrupt Practices Act (FCPA) matters, ethics issues, and parallel criminal and civil investigations.

Roles

May 2005–Present
Current role

Partner, White Collar Defense & Government Investigations Practice

Wiley Rein LLP

Washington, District of Columbia

Civil LitigationInternational Trade LawBusiness / Corporate ServicesInvestigationsSecurities LawWhite Collar CrimeCriminal Investigation

As a partner in the White Collar Defense & Government Investigations Practice, Mr. Thomas specializes in government investigations, criminal allegations and civil fraud allegations. 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 investigations and prosecutions, he routinely represents clients in internal investigations, subpoena matters, False Claims Act and qui tam matters, criminal investigations, Foreign Corrupt Practices Act (FCPA) matters, civil investigative demands, congressional investigations and parallel civil and criminal proceedings.

Mr. Thomas’ 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.

Dec 1994–May 2005
Former role

Assistant United States Attorney

U.S. Attorney’s Office

(appointed)District of Columbia

Civil LitigationWhite Collar CrimeCriminal LawCriminal Investigation
Sep 1990–Dec 1994
Former role

Litigation Associate

Large Washington, DC Law Firm

Washington, District of Columbia

Civil LitigationLitigation Support Specialist
Sep 1989–Sep 1990
Former role

Judicial Law Clerk

Court of Appeals for the Sixth Circuit

(appointed)District of Columbia

Law ClerkResearchLegal Assistance

Served as judicial law clerk to the Honorable Albert J. Engel, researching and drafting opinions, orders, and bench memoranda.

Representative matters

Rod represents companies, executives, and public officials in a range of investigative, litigation, and compliance matters.

May 2025

Routinely represents companies and individuals in connection with procurement fraud, FCA, FCPA, Anti-Kickback Act, cybersecurity, and other civil and criminal fraud allegations and issues. Chambers USA has noted that he “continues to represent many major players within the defense space” and has an “impressive reputation for his handling of cases involving government contractors.” Frequently represents clients in grand jury and administrative subpoena matters, civil investigative demands, internal investigations, and government investigations. Routinely represents government contractors on mandatory and voluntary disclosures, compliance, training, and policies. Represents companies in FCA investigations and litigation related to alliance agreements, kickbacks, defective pricing, cost accounting claims, human trafficking allegations, deficient services or defective products allegations, Buy American Act and Trade Agreements Act issues, small business issues, to name just a few. Counsels global public companies in relation to FCPA issues. Frequently represent clients on whistleblower allegations, whether arising from current and former employees, or externally. 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 client in Consumer Financial Protection Bureau investigations. 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. Routinely represents clients related to Inspector General investigations on domestic and international projects. 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. 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. 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. 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. Routinely represents individuals who have received a subpoena, civil investigative demand, and other criminal and civil requests for information, interviews, or testimony.

U.S. Attorney's Office:

May 2025

Lead counsel on more than forty 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.

Recognition

Honors

Aerospace & Defense Editorial Advisory Board

Law360

January 2024

Named to Law360's Aerospace & Defense Editorial Advisory Board (2023, 2024)

Criminal Defense: White-Collar

The Best Lawyers in America directory

May 2025

Included in The Best Lawyers in America directory for Criminal Defense: White-Collar (2023-2025)

America’s Leading Lawyers for Business

Chambers USA

May 2024

Listed by Chambers USA as one of “America’s Leading Lawyers for Business” in False Claims Act (2022-2024), Band 1

Recommended Lawyer

The Legal 500 US

May 2024

Recognized in The Legal 500 US as a "Recommended Lawyer" in Corporate Investigations and White-Collar Criminal Defense (2019-2024)

Government Contracts Editorial Advisory Board

Law360

April 2019

Named to Law360's Government Contracts Editorial Advisory Board (2018, 2019)

Publications & speeches

DOJ Affirms Aggressive False Claims Act Enforcement, Highlights Use Against Illegal Trade Practices

Wiley.law

February 2025

The head of the U.S. Department of Justice (DOJ) branch that oversees False Claims Act (FCA) investigations affirmed the Trump Administration’s commitment to pursue civil fraud cases as part of its focus on achieving governmental efficiency and eliminating fraud, waste, and abuse. Speaking at a national conference last week, Deputy Assistant Attorney General Michael Granston confirmed that DOJ plans to continue enforcing the False Claims Act “aggressively” under the new Administration. In particular, he highlighted the statute as a “powerful” enforcement mechanism against entities that try to evade new import tariffs

Link

AG Bondi Refocuses DOJ Priorities in New Guidance Documents

Wiley.law

February 2025

On February 5, newly confirmed Attorney General Pam Bondi issued a series of guidance documents refocusing U.S. Department of Justice (DOJ) priorities for the new Administration. In addition to effectuating many of President Trump’s Executive Orders, Attorney General Bondi reinstituted prior Trump Administration guidance, established working groups and task forces, and reallocated Department resources. Importantly, many Executive Orders impact enforcement priorities and DOJ components tasked with traditional white collar enforcement. With more changes likely coming, companies should evaluate whether these policy changes could impact ongoing or future matters with the Department as well as existing compliance programs.

Link

Parsing FY 2024 DOJ Criminal Healthcare Fraud Enforcement

Law360

August 2024

Link

Hot Fraud Summer: DOJ’s Latest Criminal Takedown

Wiley.law

June 2024

The U.S. Department of Justice (DOJ) Criminal Division’s Health Care Fraud Strike Force announced the results of its latest nationwide enforcement action on June 27, 2024, one year (almost to the day) since its last major takedown event. For those on the defense end of the health care fraud world, midsummer is becoming a time of high tension, as DOJ’s prosecutors race to the grand jury over the course of roughly a week so their indictments may be counted on this enforcement action scorecard. While other smaller takedowns may occur throughout the year (for example, the April 2023 Covid-19 enforcement action alleging $490 million in intended loss), the all-inclusive summer blockbuster is where the splashiest indictments can be found.

Link

Supreme Court Rules FCA Scienter Element Focuses on Defendants’ Subjective Beliefs Only

Wiley.law

June 2023

WHAT: The U.S. Supreme Court this morning handed down its much-anticipated decision in United States ex rel. Schutte v. SuperValu Inc. The Court considered the narrow issue of whether the False Claims Act’s (FCA) scienter requirement focuses on a defendant’s subjective beliefs or what an objectively reasonable person may have known or believed. Justice Thomas, writing for a unanimous court, held that only a defendant’s subjective beliefs, at the time they presented their claim to the Government, matter when determining scienter under the FCA. While that holding is unsurprising given the narrow issue before the Court, the decision renders after-the-fact interpretations of ambiguous provisions irrelevant in determining whether a defendant knowingly submitted a false claim in violation of the FCA.

Link

DOJ’s FY 2022 False Claims Act Report: Smaller Dollars but More Cases and Enforcement Priorities

Wiley.law

February 2023

On February 7, 2023, the Department of Justice (DOJ) announced that FY 2022 yielded just $2.2 billion in spoils from False Claims Act (FCA) judgments and settlements—the smallest haul since 2008 and a precipitous drop from 2021’s $5.7 billion bounty. But it would be a mistake to stop at that headline and conclude the FCA is on the wane. Indeed, potentially the most meaningful statistics in yesterday’s announcement for those who do business with the Government were the near-record number of FCA resolutions in 2022 – 351 cases (second all time) – and the substantial number of qui tams filed – 652. While there may not have been as many blockbuster resolutions in 2022 as in 2021, the sheer number of resolutions gives teeth to the DOJ’s consistent assertion that the FCA is the Government’s primary civil tool to fight fraud against Government programs, a refrain that was substantively echoed hours later in President Biden’s State of the Union Address.

Link

What Does the Change in Administration Mean for the False Claims Act

American Conference Institute — Webinar

November 2024

Link

Part 1: SCOTUS Watch: The Latest in the Debate Over DOJ's Dismissal Authority and the Requisite Pleading Standard for False Claims Act Qui Tam Claims

American Conference Institute

January 2023

Link

The FCA’s Continuing Evolution and Tactics to Address Allegations

Wiley Government Contracts Boot Camp — Webinar

February 2022

Reevaluating the Government’s Dismissal Authority Pursuant to the FCA

Wiley.law — American Conference Institute

March 2021

Link

The FCA’s Continuing Evolution and Tactics to Address Allegations

Wiley Government Contracts Boot Camp — Webinar

February 2022