The Situation: The United States Department of Justice ("DOJ") recently issued statistics and a related press release regarding its fiscal year ("FY") 2022 enforcement activity under the False Claims Act ("FCA").
The Result: The number of FCA matters resolved, as well as the number of new FCA matters initiated by whistleblowers and the DOJ, both increased slightly in FY 2022, even though the total dollar amount recovered under the FCA in FY 2022 was less than half the amount recovered in FY 2021.
Looking Ahead: The dollar amounts of recoveries under the FCA can vary widely from year to year, depending on the timing and dollar amount of the comparatively small number of large settlements that comprise the bulk of the recoveries. But healthcare providers, government contractors, and others whose conduct may implicate the FCA should take note that the overall trend is for the DOJ and whistleblowers to initiate more of these cases and for more of them to be resolved by the defendants paying money, either through settlements or as a result of judgments.
The DOJ Civil Division recently announced recoveries totaling $2.2 billion from FCA settlements and judgments in FY 2022. Notably, the number of cases resulting in settlements or judgments—351—was the second highest in the history of the FCA. At the same time, the total amount recovered represents a significant decline compared to the $5.6 billion recovered in 2021, which was the second largest annual recovery in FCA...
A La Habra-based provider of positron emission tomography scan services has agreed to pay more than $8.3 million to resolve allegations it violated the False Claims Act by offering improper payment...