• False Claims Act (FCA) enforcement scrutiny is intensifying and expanding into new areas, spurred by the federal government’s increasing use of data analytics, cross-agency coordination, and novel applications of the FCA itself.
• This shift introduces new areas of exposure across the enterprise, including many functions beyond legal and compliance, particularly for organizations that receive government funding.
• These organizations should take steps to improve their transparency, documentation, and control accuracy. They’ll need to develop and demonstrate an evidence chain behind all material representations, certifications, and claims to the federal government.

The federal government has intensified its oversight of fraud, waste, and abuse (FWA) of public funds in recent months. Central to this effort is the FCA, the primary mechanism for recovering taxpayer money from organizations and individuals that defraud the government. FCA settlements and judgments exceeded $6.8 billion in the most recent fiscal year alone.

What’s changing? For starters, FCA enforcement has become more data-driven and coordinated. Federal agencies increasingly use advanced analytics and cross-agency task forces to identify suspicious patterns and anomalies. They’re also applying the law in new ways. As a result, inquiries move faster and reach further, focusing not only on traditional billing issues but also on representations tied to cybersecurity, procurement integrity, pricing, eligibility, and...

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