Earlier this month, the U.S. Attorney’s Office for the District of Massachusetts announced a US$9.4 million FCA settlement with GE Aerospace over the sale of aircraft engine parts in violation of various inspection requirements. Perhaps most interesting is what DOJ’s press release did not say, but the settlement agreement did: that the company received cooperation credit pursuant to the Justice Manual’s 2019 FCA cooperation and self-disclosure policy — making this the fourth known settlement to memorialize DOJ’s formal invocation of that policy.
After Deputy Attorney General Lisa Monaco issued her September 2022 memorandum revamping DOJ corporate criminal enforcement and cooperation policies, DOJ rolled out a series of criminal self-disclosure policies — providing ample fodder for law firm advisories, blog posts, and conference presentations. Much has been said about how these policies incentivize self-reporting by reducing criminal penalties imposed on companies that proactively disclose malfeasance to DOJ. But less fanfare has accompanied the parallel civil fraud policy for FCA self-disclosures and cooperation credit, formally rolled out in May 2019 and codified in Section 4-4.112 of DOJ’s Justice Manual (“Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters”). One reason is likely that the policy, on its face, provided plenty of detail about how to cooperate but little clarity about new incentives for doing so. Still,...
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