The United States Department of Justice recently announced that it would begin “vigorous enforcement” of the False Claims Act against recipients of federal funds for their use of diversity, equity and inclusion programs. The False Claims Act is the government’s signature, most effective anti-fraud law and punishes those who submit false or fraudulent claims for money to the federal government. While the False Claims Act has traditionally been used in the areas of government procurement and health care fraud, the DOJ’s recent announcement could mean a drastic expansion of potentially ruinous False Claims Act liability.
In a memo dated May 19, 2025 Deputy Attorney General Todd Blanche announced the creation of a Civil Rights Fraud Initiative that will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient of federal funds that knowingly violates federal civil rights laws.” Such laws include Title IV (educational discrimination and desegregation), Title VI (discrimination based on race, color, or national origin), and Title IX (sex-based discrimination in education) of the Civil Rights Act of 1964. The memo lists some examples of the government’s view of what constitutes violating these federal civil rights laws, such as:
During his visit to the White House, US President Donald Trump confronted South Africa's head of state Cyril Ramaphosa with claims that white farmers are being mass murdered in South Africa. The n...