On May 27, 2026, the Department of Justice (DOJ) issued a memorandum announcing significant changes intended to accelerate False Claims Act (FCA) investigations of alleged public benefits fraud. According to the memorandum, DOJ must now complete its pre-intervention review of public benefits suits—often a years-long process—in a matter of months. In the memorandum, DOJ also makes clear that DOJ expects relators to play an increasing role in FCA enforcement in the years ahead. The memorandum follows a March 16 Presidential Executive Order (EO) that addresses alleged fraud in state-administered, federally funded benefits programs.
The DOJ memorandum effectuates three significant changes to the agency’s protocol for investigating public benefits fraud. It (1) dramatically reduces the timeframe for DOJ to investigate relator suits and make intervention decisions; (2) prioritizes relator management of FCA suits; and (3) instructs DOJ attorneys to consider using more aggressive investigative tools and modify case strategy in order to expedite their pre-intervention investigations.
Reduced Timeframe for DOJ to Review Relator...
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