Profile
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 10 years in the U.S. Attorney’s Office in Washington, DC, in both the Criminal and Civil Divisions, and was lead counsel on numerous criminal and civil trials. He routinely represents clients in internal investigations, FCA and qui tam matters, investigations related to government contracts and grants, Foreign Corrupt Practices Act (FCPA) matters, subpoenas and civil investigative demands, congressional investigations, health care fraud and food and drug investigations, ethics issues, whistleblower claims, and parallel criminal and civil investigations.
Experience
Representative Matters
Rod represents companies, executives, and public officials in a range of investigative, litigation, and compliance matters.
- Routinely represents companies and individuals in connection with procurement fraud, FCA, FCPA, Anti-Kickback Act, 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.”
- Frequently represents grand jury and administrative subpoena matters, civil investigative demands, internal investigations, and government investigations.
- Routinely represents government contractors on alleged fraud matters, mandatory and voluntary disclosures, compliance, training, and policies.
- Represents public companies in FCA investigations and litigation related to alliance agreements, kickbacks, defective pricing, and cost accounting 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.
- 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:
- 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.
Professional Experience
- 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)
Affiliations
- President, Assistant United States Attorneys’ Association for the District of Columbia
- American Bar Association, Criminal Justice Section, White Collar Crime Committee
- American Bar Association, Section of Public Contract Law
- District of Columbia Bar (D.C. Bar)
- Co-Chair, Criminal Law and Individual Rights Community, White Collar Crime Subcommittee (2020-Present)
- Steering Committee, Criminal Law and Individual Rights Community (elected 2022-2025)
- Board Member and Officer, William B. Bryant Inn of Court
- The Barristers
Recognitions
- Included in The Best Lawyers in America directory for Criminal Defense: White-Collar (2023)
- Listed by Chambers USA as one of “America’s Leading Lawyers for Business” in False Claims Act (2022)
- Recognized by The Legal 500 US in Corporate Investigations and White-Collar Criminal Defense (2019-2022)
- Named to Law360's Government Contracts Editorial Advisory Board (2018, 2019)
Practice Areas
Credentials
Education
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
Law Journals
Articles Editor, Yale Journal of International Law
Clerkships
- Law Clerk for the Honorable Albert J. Engel, Chief Judge, U.S. Court of Appeals for the Sixth Circuit (1989-1990)
Bar and Court Memberships
- District of Columbia Bar
- Supreme Court of the United States
- U.S. Courts of Appeals for the Fifth Circuit, Seventh Circuit and District of Columbia 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, Eastern District of Virginia, and Southern District of Texas
Related News & Insights
- AlertDOJ’s FY 2022 False Claims Act Report: Smaller Dollars but More Cases and Enforcement PrioritiesBrandon J. Moss, Roderick L. ThomasFebruary 8, 2023
- EventPart 1: SCOTUS Watch: The Latest in the Debate Over DOJ's Dismissal Authority and the Requisite Pleading Standard for False Claims Act Qui Tam ClaimsAmerican Conference InstituteJanuary 23, 2023
- Press Release54 Wiley Attorneys Recognized in 2023 Edition of The Best Lawyers in America®August 18, 2022
- Press ReleaseLegal 500 US Recognizes 52 Wiley Lawyers and Seven Practice Areas NationallyJune 13, 2022