Host Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam litigation, as well as DOJ’s False Claims Act priorities and best practices for defusing FCA investigations. There was a record number of qui tam lawsuits filed in 2024, and while whistleblower filings hit an all-time high, DOJ’s recoveries and investigative resources have remained mostly flat, leading to a crucial See more +
Host Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam litigation, as well as DOJ’s False Claims Act priorities and best practices for defusing FCA investigations. There was a record number of qui tam lawsuits filed in 2024, and while whistleblower filings hit an all-time high, DOJ’s recoveries and investigative resources have remained mostly flat, leading to a crucial question—how does DOJ decide which qui tams to pursue?
Jonathan and Abe use their experience serving within DOJ to shed light on how DOJ prioritizes FCA investigations. The discussion touches on the time-management aspects of an Assistant U.S. Attorney’s job and how these time limitations force AUSAs to focus on cases where there is a potential to secure a significant settlement or judgment and where the underlying allegations detail egregious conduct accompanied by strong evidence that can be marshaled at trial. Additionally, DOJ is more apt to end an investigation when there is some evidence of a violation, but the violation was immaterial to the government’s payment decision.
The conversation then shifts to explore how qui tam complaints make their way through the legal system and how defendants can best defend these types of investigations. There is often a substantial degree of investigative activity already ongoing when defendants learn of an FCA investigation, usually via a civil investigative demand. Jonathan and Abe discuss the importance of the tone of initial and subsequent communications between defendants and the government, as they can play an important role in whether the government ultimately elects to join the lawsuit. While not dispositive, declinations are hugely influential, as many whistleblowers will voluntarily dismiss FCA actions if the government decides not to join the suit. Jonathan and Abe explain the inflection points of qui tam litigation and how DOJ approaches declination and dismissal requests based on how the case is proceeding.
Jonathan and Abe also cover what happens in qui tam cases after DOJ declines to join a lawsuit and how defendants can manage litigation risk in these instances. See less -
