Thomas S. Brown

Of Counsel

Overview

Thomas S. Brown is of counsel and a trial lawyer with Foley & Lardner LLP where he represents corporations and individuals in parallel criminal matters and enforcement proceedings in both state and federal courts. His practice also focuses on complex civil litigation in the areas of health care fraud, whistleblower investigations, financial services fraud, and consumer law and finance. Tom represents individuals in investigations for alleged violations of University Title IX policies and related criminal proceedings. He is a member of the firm’s Government Enforcement Defense & Investigations Practice, the Securities Enforcement & Litigation Practice, State Attorneys General Working Group and the Health Care Industry Team.

Before entering private practice, Tom worked for the Marin County District Attorney’s Office where he prosecuted more than 50 jury trials to verdict and prepared over 200 cases for jury trial. His experience includes felony prosecutions of high-profile criminal cases and civil litigation in the areas of consumer protection, insurance fraud and asset forfeiture.

As a consumer protection deputy, Tom, in connection with the California Attorney General’s Office, investigated and litigated unfair business practices, false advertising, environmental abuse, the Brown Act, and public corruption cases. Tom also investigated and prosecuted over 50 insurance fraud cases in coordination with insurance companies and their special investigations units.

Tom served as a felony department trial team coordinator where he managed a trial team specializing in prosecuting serious and violent offenses. He presented cases to criminal grand juries, reviewed law enforcement and investigative reports to determine whether prosecution was warranted, and served as a liaison to local law enforcement agencies.

Affiliations

As an instructor, Tom presided over mock trials for Psychiatry and the Law at the University of California (2009) and the Marin County Moot Court Competition (2008 – 2009).

Education

Tom earned his law degree from the University of San Francisco, School of Law (J.D., 1995) where he was literary editor for the U.S.F. Maritime Law Journal and participated in the National Admiralty Moot Court Competition. He received his bachelor’s degree in English from the University of California, Berkeley (B.A., 1990).

Admissions and Professional Memberships

Tom is admitted to practice in California and before the United States Court of Appeals for the Ninth Circuit and the Northern, Central and Eastern Districts for the United States District Court of California. He is the President of the Marin County Bar Association (2018) and a member of the Bar Association of San Francisco Bar. He was also a member of the California Deputy District Attorneys Association (1996 - 2012) where he served on both the Asset Forfeiture and Insurance Fraud Committees. Tom also implemented a pro bono project with the Marin County Public Defender’s Office to provide representation to indigent clients.

Representative Experience

  • Represent physician group facing False Claims Act violations for conducting overlapping or concurrent surgeries
  • Negotiated successful return of funds seized by Drug Enforcement Agency in federal asset forfeiture proceedings
  • Represented medical group in interference with prospective economic advantage and unfair business practices
  • Represented investment bank and research group in responding to FINRA examination of firm’s research practices
  • Negotiated Deferred Prosecution Agreement and settlement of False Claims Act investigation on behalf of ambulance company for alleged improper contractual swapping arrangements
  • Successfully negotiated probation sentence on behalf of client charged with six felony “strike” offenses, including assault with firearm charges
  • Obtained misdemeanor disposition with no jail time for client charged with felony residential burglary and elder abuse offenses
  • Obtained set aside of suspension and declination to pursue administrative sanctions in Title IX action by university against student

Published Cases Where Thomas Was Trial Counsel

  • People v. Nishi (2012) 207 Cal.App.4th 954
  • People v. Stuart (2007) 156 Cal.App.4th 165

Criminal Cases Affirmed on Appeal

  • People v. Flowers, First Appellate District, Court of Appeals, Case No. A129473 (2012)
  • People v. James, First Appellate District, Court of Appeals, Case No. A127534 (2011)
  • People v. Lagomarsino, First Appellate District, Court of Appeals, Case No. A122121 (2010)
  • People v. Artieres, First Appellate District, Court of Appeals, Case No. A117922 (2008)
  • People v. Lewis, First Appellate District, Court of Appeals, Case No. A115107 (2007)

Representative Matters

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Foley represented Balboa Ambulance in connection with a parallel civil and criminal investigation by the San Diego U.S. Attorney’s Office. Government was looking for a million from our client, but we were able to persuade that $600k was sufficient and obtained a settlement of the False Claims Act case without any admission of liability. Government’s theory was that Balboa swapped discounted rates given to facilities for transports that the facilities were obligated to pay for in return for future Medicare transports which were more profitable. We are still representing the company in connection with the parallel criminal investigation.
Foley represented a physician in criminal matter in Marin County Superior Court. The impact of a criminal case on physician’s professional medical license was the most challenging aspect of case. We were able to successfully obtain dismissal of criminal case and probationary sanction by Medical Board.
Foley represented an individual charged with nine felony counts of assault on a peace officer with a firearm and/or semi-automatic firearm. Our client had no prior record and was facing a potential state prison sentence in excess of 50 years. We were able to successfully negotiate a felony probation sentence in lieu of state prison sentence.