Worth the Wait? DOJ finally released its Fraud Statistics for FY 2021 and announced the “second largest amount recorded” since 1986: FCPA Settlement and judgment exceed $5.6 billion
Jessica Sanderson, Partner at The Volkov Law Group, joins us for her annual review of False Claims Act enforcement and issues. In Part I, Jessica reviews the enforcement statistics. In Part II, Jessica discusses False Claims Act developments in the courts and on Capitol Hill.
DOJ typically releases its False Claims Act (FCA) fraud statistics in early- to mid-January of each year, updating its statistics to reflect the settlements and judgments for the prior fiscal year. For the fiscal year October 1, 2020 through September 30, 2021 (FY21), those of us in the business of tracking these matters waited anxiously for the results, which were not released until last week, on February 1st. Once revealed, the numbers were astounding.
According to the accompanying DOJ Press Release, FY21’s recovery, “is the second largest annual total in False Claims Act history, and the largest since 2014.” Though the FCA actions that gave rise to these settlements and judgments likely were initiated before FY21, these significant recoveries show that AG Garland’s new Justice Department was quite active in pursuing and resolving FCA matters and insisting on accountability and substantial monetary penalties. And despite Covid-19, DOJ also was active in initiating new FCA matters. DOJ initiated 203 cases in FY21 (an...
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