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Thomas H. Barnard


Thomas H. Barnard is a trusted advisor to clients navigating the most difficult challenges. He is a former Assistant United States Attorney, military prosecutor and military defense counsel with more than 20 years of government experience.

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False Claims Act 101 September 27, 2023

Professional Biography

Mr. Barnard is a nationally known litigator and a former Department of Justice attorney and military officer. He currently serves as coordinator of Baker Donelson's Healthcare Investigation Response Team (HIRT) initiative and leader of the Government Investigation sub-group in the Firm's Long-Term Care Center of Excellence. Mr. Barnard is the former vice chair of Baker Donelson's Government Enforcement and Investigations Group with first-chair criminal and civil trial experience. Outside of the courtroom, he regularly serves as the representative for individuals and corporations while interacting with the government in a wide variety of scenarios. Mr. Barnard is also an Adjunct Professor at American University Washington College of Law’s Legal Rhetoric program.

With a primary focus on advising clients in response to government investigations, Mr. Barnard offers full-spectrum legal services to entities and individuals involved in any phase of government interaction including congressional investigations and coordination efforts with the government where clients are not the focus of the inquiry. 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, Counterintelligence and related regulations and laws like ITAR; CFIUS and OFAC; 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. While 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, and 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; he relies on decades of military service to better understand the unique needs of clients who regularly interact or do business with the government. Before retiring from the military, 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.

  • Successfully represented a private national hospice network in a False Claims Act investigation securing declination and dismissal involving allegations relating to the Anti-Kickback Statute.

  • Successfully resolved a False Claims Act investigation by settlement for a sleep therapy company.

  • Successfully secured declination of a False Claims Act investigation for a hospital system relating to alleged over-billing and miscoding.

  • Successfully resolved a False Claims Act investigation for an ambulance transportation company alleging improper and unnecessary medical services.

  • Assisted numerous health care clients in responding to Congressional investigations.

  • Secured favorable plea terms and no-confinement sentence for a business owner facing criminal investigation for a HIPAA violation.

  • Secured favorable plea terms and no-confinement sentence for an executive facing visa-fraud charges.

  • Secured declination of criminal charges for a business woman facing criminal visa-fraud charges.

  • Secured declination of False Claims Act investigation of a specialty pharmacy chain.

  • 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.

  • 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.

  • Served as 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.

  • 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 of a patient.

  • 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 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.

  • Secured State False Claims Act Settlement for Medicaid Claims at an adult day care facility.

Professional Memberships

  • Member – American Health Law 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
    • Member, Executive Committee
  • Member – Federal Bar Association
    • Chair, Government Investigations and Enforcement Subcommittee
    • Member, Maryland Chapter Board of Directors
  • Member – Maryland State Bar Association
    • Member, Board of Governors
  • Member – University of Arizona Innovations in Health Aging Advisory Council (2023)


  • Listed in Maryland Super Lawyers in Civil Litigation: Defense (2021 – 2024)
  • Recipient – Veterans in Business & Law Award by The Daily Record (2023)
  • Recipient – Leadership in Law Award by The Daily Record (2021)
  • 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)
  • Assistant United States Attorney, 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
  • "What to Expect When You are Expecting: The False Claims Act Edition For Long Term Care Facilities (SNF)," 2024 AHLA Long Term and Post-Acute Care Law and Compliance Conference (February 2024)
  • Presenter – "301 Internal Investigations, Repayment, and Self-Disclosure," Health Care Compliance Association Healthcare Enforcement Compliance Conference (November 2023)
  • Co-presenter – "The Rules of the Game," Roaring Reimbursement Zimmet Seminar (May 2023)
  • Moderator – "Innovations in Healthy Aging Summit," 2023 University of Arizona Innovations in Healthy Aging Summit (May 2023)
  • Instructor – "ESG Considerations for Public Companies," Law Practice CLE Webinar (May 2023)
  • Co-presenter – "COVID Litigation Against Long-Term Care Facilities: Plaintiff and Defense Strategies in State and Federal Court," Strafford Continuing Education Webinars (December 2022)
  • Co-presenter – "False Claims Act 101," Baker Donelson Government Enforcement and Investigations (November 2022)
  • Panelist – "Private Equity Ownership: The Government's New Target in Long Term Care Enforcement," 2022 Baker Donelson Long Term Care Symposium (November 2022)
  • "Innovations in Healthy Aging 2022 Summit: Bridging Academia and Industry" (June 2022)
  • Special Guest Host – "How to Maximize your Summer Associate Experience: Tips for Leaving a Lasting Impression," Diversity Ever After Podcast (May 6, 2022)
  • Co-presenter – "Disaster Relief and Compliance: Avoiding the Disaster following the Disaster," ABA Standing Committee on Disaster Response and Preparedness (September 2021)
  • Panelist – "Hot Enforcement Trends in Nursing Homes and Proactive Steps You Can Take," Baker Donelson Long Term Care Symposium (December 3, 2020)
  • Moderator – "Navigating Inspector General Investigations," Maryland Federal Bar Association (November 20, 2020)
  • Panelist – "Qualified Immunity for Law Enforcement Officers: Abolishment vs. Preservation Panel Discussion," Federal Bar Association - Maryland Chapter's Diversity and Inclusion Committee (October 14, 2020)
  • "Congress Cares (Act): Expect Oversight Investigations," Celesq® Webcast (July 2020)
  • Co-presenter – "No Free Lunch: Analysis of the CARES Act and Enforcement Risks," Celesq® AttorneysEd Center (May 2020)
  • Co-presenter – "Insider Threat Programs/Foreign Recruitment Programs," Government Contractor Attorneys' Meeting (May 2019)
  • Presenter – "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)


  • 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


  • Arizona
  • Maryland
  • District of Columbia
  • 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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