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Thomas H. Barnard

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Thomas H. Barnard is a former Assistant United States Attorney, military prosecutor and military defense counsel with more than 20 years of government experience.

Featured Video

Federal Contractor Obligations in the Health Care Field September 14, 2017

Featured Experience

Part of a trial team that secured dismissal of qui tam action on the eve of trial for a large Florida health care system.

Assisted a physician in securing a favorable plea and forfeiture settlement in a high-profile, opioid distribution and Medicaid fraud prosecution.

Represented and assisted an individual charged under the Espionage Act in a high-profile, national case to secure favorable terms and conditions in a multi-year sentence of confinement plea.

Professional Biography

Overview

Based in the Baltimore office, Mr. Barnard is a shareholder in Baker Donelson's Government Enforcement and Investigations Group with first chair criminal and civil trial experience.

With a primary focus on advising clients in response to government investigations, he offers full-spectrum legal services to entities and individuals involved in any phase of government investigations. Mr. Barnard offers in-depth experience with qui tams under the False Claims Act as well as federal and state investigations, with a large portion of his practice serving organizations and professionals in Health and Defense Industries. Other areas of practice include government contracts and procurement fraud; cybersecurity; National Security; Military Law; defending Law Enforcement in Civil Rights litigation; and general commercial litigation and trial experience.

Prior to entering private practice, Mr. Barnard served in the Civil Division of the United States Attorney's Office in the District of Maryland. During his tenure there, he served as counsel for the United States in numerous investigations under the False Claims Act, focusing on government contract and health care fraud. He also served as counsel in a wide range of defensive civil litigation for the United States, handling all aspects of cases through discovery, motions, mediation, trial and appeal. As the office eDiscovery coordinator, Mr. Barnard served on the Department of Justice eDiscovery Working Group, on the District of Maryland Sub-Committee on eDiscovery, and as a lecturer on eDiscovery at the National Advocacy Center.

Mr. Barnard's military career is an integral part of his current practice, where he relies on decades of military service to better understand the unique needs of clients who regularly interact or do business with the government. Prior to his military retirement, he was a judge advocate in the Maryland National Guard, where he supervised legal planning and support for the Guard's domestic operations. Before joining the Guard, he served on Active Duty, where he litigated criminal and administrative matters as both government counsel and defense counsel, served as a Special Assistant United States Attorney, and worked extensively as a legal advisor for matters related to military intelligence. Mr. Barnard initially served as a military police officer overseas before being selected for the Army's Judge Advocate General's Corps.

Representative Matters
  • Resolved claims on behalf of the United States with a spinal device manufacturer accused of miscoding and off-label promotion for $585,000. 

  • Resolved claims on behalf of the United States against a government construction contractor accused of falsely certifying compliance with the Davis Bacon Act for $450,000.

  • Part of a trial team that secured dismissal of qui tam action on the eve of trial for a large Florida health care system.

  • Resolved claims on behalf of the United States against a government contractor accused of falsely billing for products that did not meet contract specifications. 

  • Resolved claims on behalf of the United States with a spinal device manufacturer accused of off-label marketing and kick-backs to physicians for $13.5 million.

  • Resolved claims on behalf of the United States against a government contractor accused of falsely billing for costs that were not incurred as part of the performance of a contract.

  • Resolved claims on behalf of the United States against a government contractor for allegations of over-charging labor costs based on falsely inflated resumes for $1.1 million.

  • Resolved claims on behalf of the United States with a spinal device manufacturer accused of miscoding, off-label marketing, and kick-backs to physicians for $6 million.

  • Pro bono assistance to a client in Baltimore City to secure substantial recovery from a home improvement contractor.

  • Pro bono assistance to a prisoner client successfully getting settlement in 42 U.S.C. 1983 matter.

  • Secured a "walk away" settlement for a government contractor in a no-win, complex litigation.

  • Favorable settlement for a government contractor in a dispute with a sub-contractor.

  • Assisted a small business in negotiating with a self-insurance administrator for a substantial settlement based on misleading business practices.

  • Secured dismissal of charge for a medical company executive charged with wrongful possession of a firearm.

  • Secured dismissal of charge for a physician charged with assault.

  • Successfully resolved qui tam for owner of a management company for several pain clinics with favorable settlement while other parties remained in litigation.

  • Assisted a large government contractor in a successful protest of California public contract decision resulting in award of contract to client.

  • Assisted a health care professional in securing a favorable plea and eventual probation before judgment resolution in a Medicaid fraud prosecution.

  • Assisted a physician in securing a favorable plea and forfeiture settlement in a high-profile, opioid distribution and Medicaid fraud prosecution.

  • Represented and assisted an individual charged under the Espionage Act in a high-profile, national case to secure favorable terms and conditions in a multi-year sentence of confinement plea.

Professional Honors & Activities

Professional Memberships

  • Member – American Health Lawyers Association
  • Co-chair – ESI Subcommittee of the Bench-Bar Liaison Committee
  • Member – Criminal Justice Act Panel, U.S. District Court for the District of Maryland
  • Member – Baltimore City Bar Association
    • Baltimore City Bar Association Delegate to the American Bar Association
  • Member – Federal Bar Association
    • Chair, Government Investigations and Enforcement Subcommittee
    • Maryland Chapter Board of Directors
  • Member – Maryland State Bar Association
    • Editorial Board – The Maryland Litigator, MSBA Litigation Section

Honoraries

  • Recipient – Legion of Merit, 2016
  • Recipient – Office Civil Advocacy Award, United States Attorney's Office, District of Maryland (2014 and 2016)
  • Recipient – Maryland Distinguished Service Cross (2016)
  • Recipient – Knowlton Award for Contributions to Military Intelligence (2010)
Professional Background
  • Assistant United States Attorney, Civil Division – District of Maryland
  • Judge Advocate, United States Army and Maryland National Guard
  • Special Assistant United States Attorney – District of Maryland
  • Military Police Officer, United States Army
Speaking Engagements
  • "Federal Bar Association's Current Issues in Government Investigations" (April 2018)
  • "Home Health Conditions of Participation and Government Enforcement," Risk Management for Long Term Care Providers, Chicago, Illinois (October 2017)
  • Presenter – "Snitches Get Stitches: The Rise of Evidentiary Social Media and the Government Response," webinar, Hanzo Media (August 2017)
  • Presenter – "Social Media: Discovery and Ethics," University of Maryland College of Law (2016)
  • Presenter – "The Cybersecurity Act of 2015: Does that Apply to Me?" and "Cybersecurity and Social Engineering: Recognize and Respond to It," National Cybersecurity Awareness Month Seminar, Nuclear Regulatory Commission (2016)
  • Presenter – "Recognizing and Responding to Social Engineering Risks," First Annual Cyber Southwest Conference, Armed Forces Communications & Electronics Association – Tucson Chapter and the Arizona Cyber Threat Response Alliance/InfraGard (2016)
  • Presenter – "Civil Discovery and Social Media," USAO, N. D. Texas; National Advocacy Center (2016)
  • Presenter – "The Cybersecurity Act of 2015: Does that Apply to Me?," Information Technology and Cybersecurity Expo, Federal Business Council (2016)
  • Presenter – "Professional Responsibility Issues with Social Media," National Advocacy Center (2016)
  • Presenter – "Introduction to eDiscovery," University of Arizona College of Law (2016)
  • Presenter – "Stoneham ex rel United States v. PoleZero Case Study," Boston Area Air Force Procurement Fraud Working Group (2015)
  • Presenter – "Developing a Case Plan for eDiscovery and Upcoming Changes to the Rules of Civil Procedure," Litigation Technology for Attorneys Seminar, National Advocacy Center (2015)
  • Presenter – "Conducting Rule 26(f) Conferences," eDiscovery Training for Civil Attorneys, National Advocacy Center (2015, 2016)

Education

  • University of Arizona, James E. Rogers College of Law, J.D., summa cum laude, 2001
    • Order of the Coif
    • Editor-in-Chief – Arizona Journal of International and Comparative Law
  • United States Military Academy, B.S., 1995
    • Distinguished Cadet

Admissions

  • Arizona
  • Maryland
  • Army Court of Criminal Appeals
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Maryland
  • U.S. Supreme Court
  • U.S. Tax Court

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