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DOJ’s Much-Anticipated Corporate Whistleblower Awards Pilot Program Is Off to the Races

On August 1, 2024, the U.S. Department of Justice (DOJ) released details about its new Corporate Whistleblower Awards Pilot Program. As previewed by Deputy Attorney General Lisa Monaco in March, individuals (not entities) who...more

DOJ to Use ‘Carrots to Wield Larger Sticks’ in 2024

The more things change, the more things stay the same. For years, U.S. Department of Justice (DOJ) leadership has used the ABA National Institute on White Collar Crime and other major conferences to highlight enforcement...more

Supreme Court Clarifies DOJ’s FCA Dismissal Authority

WHAT: On June 16, 2023, the U.S. Supreme Court ruled 8–1 that the Government has broad authority to intervene and dismiss False Claims Act (FCA) suits litigated by relators. U.S. ex rel. Polansky v. Executive Health Resources...more

DOJ’s FY 2022 False Claims Act Report: Smaller Dollars but More Cases and Enforcement Priorities

On February 7, 2023, the Department of Justice (DOJ) announced that FY 2022 yielded just $2.2 billion in spoils from False Claims Act (FCA) judgments and settlements—the smallest haul since 2008 and a precipitous drop from...more

2021 FCA Recoveries Bounce Back from Decade-Low . . . Maybe

On February 1, the U.S. Department of Justice (DOJ) announced the second-largest annual total recoveries in the history of the False Claims Act (FCA)—$5.6 billion—for FY 2021 (October 2020 – September 2021)...more

DOJ Rescinds Agency Guidance Policy Expanding the FCA Landscape

After a wave of defense-friendly policies under the Trump Administration, the U.S. Department of Justice (DOJ) has reversed course on agency guidance and its buyer’s remorse will enable its attorneys to try once again to...more

What UnitedHealth’s loss at the D.C. Circuit Means for Medicare Advantage Plans and FCA Enforcement

On Friday, August 13, a D.C. Circuit panel unanimously unwound UnitedHealth Group’s (UnitedHealth) successful challenge to the Medicare Advantage Overpayment Rule, determining that the Centers for Medicare and Medicaid...more

Can Anyone Say What’s False Anymore? SCOTUS Denial of Cert Leaves Uncomfortable Uncertainty and Strategic Opportunities

It should surprise absolutely no one that “falsity” is a core element of the False Claims Act – it is the FALSE Claims Act, after all. However, it may come as a surprise that there is substantial disagreement over what...more

DOJ Civil Division Issues New Guidance on Inability-to-Pay Assessments

The U.S. Department of Justice (DOJ) Civil Division has published new Guidance on how it will evaluate the assertions of parties who claim they are unable to pay judgments or penalties in False Claims Act (FCA) and other...more

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