On January 15, 2025, the U.S. Department of Justice (DOJ) announced $2.9 billion in total False Claims Act (FCA) recoveries for FY 2024, a slight increase from 2023. In addition to growing recoveries, DOJ announced a new record number of qui tam cases filed. At the same time, original actions fell short of 2023’s record, as the Biden Administration prepares to hand over the FCA enforcement reins. While the incoming Trump Administration may shift priorities and guidance for pursuing FCA cases, enforcement is unlikely to yield. Pam Bondi, President-elect Trump’s choice to lead the Department in his second term, said on Wednesday during her Senate confirmation hearing that she would “of course” defend the constitutionality of the FCA and that she understands the role the FCA plays in “bring[ing] money back to our country.”
In 2024, health care remained the largest source for FCA recoveries, accounting for 57%, or over $1.67 billion. Still, this is a departure from historic norms and a notable drop from 2023, where health care-related recoveries comprised 67% of the total money for DOJ. As has been the case over the last few years, a sizable segment of health care recoveries are related to opioid settlements – although it remains to be seen exactly how sizable that portion truly is this year as two of the “large” opioid settlements highlighted in this year’s report involved unsecured claims against bankruptcy estates (to the tune of $875 million). It is unclear how much DOJ...
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