A dull year is rare when it comes to the False Claims Act (FCA), but this last year was exceptional by any standard. In the last twelve months, the Supreme Court decided to take up two different issues under the FCA, while the Department of Justice (DOJ) announced, yet again, billions in recoveries and nearly a thousand new FCA cases, a new record.

DOJ’s $2.2 billion in recoveries during FY 2022 marked the fourteenth straight year where recoveries exceeded $2 billion, dating back to 2008. But even more notable than the dollar amount was the sheer volume of FCA activity. DOJ obtained its recoveries from the second-highest number of settlements in history, and there were more new FCA matters initiated in FY 2022 than in any prior year, meaning the pipeline of FCA lawsuits is very full.

As in past years, FCA recoveries in the healthcare and life sciences industries continued to dominate enforcement activity in terms of the number and value of settlements, including several seven- and eight-figure settlements for alleged kickback schemes during the second half of the year. Meanwhile, notwithstanding the relatively few FCA enforcement actions related to COVID-19 in 2022, the government also signaled that it continues to take pandemic-related fraud seriously, and we expect to see increasing FCA enforcement in response to conduct arising out of the pandemic.

If there was one quiet area this year, it was on the legislative front. The FCA Amendments Act of 2021—which briefly gained...

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