Gary W. Thompson’s practice focuses on health care fraud and abuse law, corporate compliance, generally, and Inspectors General investigations federal-wide. He represents health industry clients in False Claims Act (“FCA”) and qui tam investigations as well as in criminal investigations relating to false claims and/or the Medicare/Medicaid Anti-Kickback Statute. He counsels health industry clients, including hospital and health systems, academic medical centers and medical device companies on compliance with fraud and abuse laws, including the FCA, the Anti-Kickback Statute, the Civil Monetary Penalties Law and exclusion. He negotiates Corporate Integrity Agreements (“CIAs”) with the HHS-OIG and counsels clients on corporate compliance programs and adherence to CIAs. Mr. Thompson conducts internal investigations, including those under the direction of Board Audit or Compliance Committees, and evaluates the necessity of making voluntary disclosures to regulatory and/or enforcement bodies. Finally, Mr. Thompson leads Akin Gump’s Compliance Program Advisory Services, through which he provides extensive counseling to health industry clients on the development, implementation, and maintenance of comprehensive corporate compliance programs and performs effectiveness reviews of compliance programs.

In addition to his health industry focused representations, Mr. Thompson provides Compliance Program Advisory services to non-health industry clients. Moreover, he leads the firm’s Inspectors General Investigations practice through which he represents entities under investigation by offices of inspector general throughout the federal government.

His representative engagements include—

• represent medical device manufacturer in Baltimore United States Attorney’s Office and OIG investigation
• represent university in Department of Education OIG investigation
• represented medical device manufacturer in criminal Anti-Kickback Statute and civil False Claims Act investigation by Boston United States Attorney’s Office and in Corporate Integrity Agreement negotiation with HHS-OIG
• represented university in HHS-OIG investigation and self-disclosure in connection with HHS grant
• advise medical device manufacturer on fraud and abuse laws and marketing practices and advised company on compliance with CIA
• represented hospital and health care system in DOJ and OIG criminal and civil investigation involving Medicare outlier payments
• represented quality improvement organization in congressional investigation and conducted internal investigation on behalf of the Board of Trustees
• conducted comprehensive compliance program effectiveness review for academic medical center and health system for Board Audit Committee
• performed compliance program review for academic medical center and advise generally on maintenance of compliance program
• advised international food retail company on development and implementation of new corporate compliance program and performed compliance program review
• performed compliance program review for major international consumer electronics company.

From 1998 to 2003 Mr. Thompson served as associate counsel, then senior counsel, in the Office of Counsel to the Inspector General (OCIG), of the Department of Health and Human Services, Office of Inspector General (HHS-OIG). While with the OCIG, Mr. Thompson represented the OIG’s interest in numerous health care fraud investigations and cases, including FCA and qui tam actions and self-disclosures by industry providers and served as lead counsel in various national projects and/or investigations. In performing these responsibilities, he assisted the Department of Justice in investigating, developing, litigating and resolving such matters, including reviewing global settlement agreements. Additionally, Mr. Thompson analyzed and resolved such matters under the OIG’s administrative authorities and drafted and negotiated Corporate Integrity Agreements. Finally, Mr. Thompson handled several special projects, including preparing testimony for the United States Congress.

Immediately prior to joining the firm, Mr. Thompson was senior vice president for Corporate Governance & Regulatory Affairs with the Council of Ethical Organizations, a non-profit non-partisan organization dedicated to promoting corporate ethics and compliance, primarily within the health care industry.

Mr. Thompson is the author of several articles on corporate ethics and compliance issues as well as health care fraud and abuse and compliance, including “Stimulus Bill and Strings:  Massive Federal Spending Will Be Accompanied by Increased Inspectors General Oversight and Investigations,” The Metropolitan Corporate Counsel, (Mar. 31, 2009); “The Other Side of the DRA Coin:  The Medicaid Integrity Program and its Implications for the Health Care Industry, Health Care Fraud Report (Vol. 11, May 9, 2007); “Navigating the OIG Provider Self-Disclosure Protocol” The Pastin Report:  Best Compliance Practices (Vol. 6, March 2004); “Is the SEC Learning to Spell CIA (Corporate Integrity Agreement)?  The Prospect of Mandated Corporate Compliance Programs in SEC Enforcement Actions,” Corporate Accountability Report (Vol. 1, Sept. 19, 2003); “A Multifaceted Approach to Corporate Governance Reform:  The Role of Corporate Compliance Programs and Officers,” Prevention of Corporate Liability (Vol. 11, Sept. 15, 2003); and “Reflections on the Government’s Stick and Carrot Approach to Fighting Health Care Fraud,” (co-authored with Lewis Morris, Assistant Inspector General for Legal Affairs) 51 Alabama Law Review 319 (Fall 1999).

Mr. Thompson has delivered numerous speeches and presentations on the FCA and other health care fraud and corporate compliance issues at various conferences and seminars, including “Pharmacy Landscape:  Legal and Regulatory Landscape”; Food Marketing Institute 2008 Legal Conference; Berkeley, CA; May 20, 2008; “The Unique Intersection of DPAs CIAs and Consent Decrees in the Healthcare & Life Sciences Industry”; Seton Hall Law Seminar on Deferred Prosecution Agreements; Newark, NJ; May 14, 2008; “Medicaid Fraud Enforcement: The Next Battleground”; Health Ethics Trust 2006 Healthcare Best Compliance Practices Forum; Crystal City, VA; Nov. 13, 2006; “Current FCA Legal Developments and Motions Practice”; The Seminar Group Qui Tam Litigation Under the False Claims Act; Seattle, WA; Apr. 1, 2005; “The Role of the Compliance Officer in Corporate Governance Reform”; Health Ethics Trust 2004 Healthcare Best Compliance Practices Forum; Alexandria, VA; Nov. 8, 2004; “Experience from the Trenches – Practical Advice on Implementing Corporate Compliance Programs”; PLI Corporate Compliance Institute; Atlanta, GA; Mar. 29-30, 2004; “OIG Efforts to Ensure Physician Compliance with Federal Fraud and Abuse Laws”; AHLA Annual Meeting – Physician Organization Substantive Law Committee; Orlando, FL; June 19, 2001.

Mr. Thompson received his B.A. cum laude from Claremont McKenna College in 1985 and his J.D. from the Washington & Lee University School of Law in 1993. He is a member of the District of Columbia and Maryland bars, the American Health Lawyers Association, and DRI, where he serves as the chair of the Compliance Subcommittee of the Government Enforcement and Corporate Compliance Committee.