Deputy U.S. Attorney General Todd Blanche issued a Memorandum on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce anti-discrimination laws by deploying a new Civil Rights Fraud Initiative. The purpose of this Initiative is to identify violators of civil rights laws and pursue claims under the False Claims Act.

What is the False Claims Act?

The False Claims Act generally provides that any person who knowingly submits false claims to the government can be liable for three times the government’s damages, plus a penalty tied to inflation. The FCA allows private citizens to sue on behalf of the government (called “qui tam” suits), and successful claimants typically receive a portion of the government’s recovery. Qui tam suits most often involve fraudulent billing or misuse of government funds. The Justice Department recovered more than $2.9 billion under the FCA in Fiscal Year 2024.

What does the Memorandum say?

According to the Memorandum, entities that “knowingly violate civil rights laws” while taking the government’s money are defrauding the United States, and the FCA is “implicated when a federal contractor or recipient of federal funds knowingly violates civil rights laws – including but not limited to Title IV, Title VI, and Title IX, of the Civil Rights Act of 1964 – and falsely certifies compliance with such laws.” The Memorandum further explains,

“a university that accepts federal funds could violate the False...

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