While the Trump administration replaces all of the United States Attorneys, as well as many senior-level positions at the Department of Justice, stakeholders will soon be able to evaluate civil enforcement priorities under the Federal False Claims Act. The loss of so many subject matter experts in the Department of Justice nationwide will soon become palpable. Meanwhile, the various agencies that investigate these cases have also experienced substantial staff retirements. Since 1986, over $78 billion has been returned to the United States Treasury as a direct result of the federal False Claims Act. Indirect recoveries, which come from task forces built around successful qui tam cases, have recorded even more funds. Moreover, non-intervened qui tam cases brought by private counsel continue to add significant recoveries to the Treasury each year.
The executive branch is currently determining where it will focus its resources, priorities, and policy initiatives. Some in the Department of Justice may even be reviewing the efficacy of the qui tam provisions themselves based on recent Supreme Court dicta. However, should these priorities differ from some or all of the states or from past federal prosecutorial priorities, there exists a whole cadre of powerful state false claims act statutes that have been passed in 30 states, one district (Washington, D.C.), and one territory (Puerto Rico). Indeed, some of these statutes have been on the books for almost as long as the federal...
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