Key Points

• The volume of new False Claims Act (FCA) case filings remained high in 2021, and the Department of Justice (DOJ) collected more than $5.6 billion in settlements and judgments — the second-largest annual total in FCA history. The majority stemmed from qui tam actions where the government intervened.
• The DOJ continues to increase FCA enforcement against Medicare Advantage organizations and affiliated entities.
• Circuit courts rendered noteworthy decisions regarding the government’s dismissal authority and the application of the Eighth Amendment’s excessive fines clause.
• A Senate bill amending key provisions of the FCA could have broad implications for FCA enforcement.

The volume of new False Claims Act case filings remained high in 2021, although it decreased from the record 922 new filings in 2020. In total, 801 new FCA cases were filed, 203 of which the Department of Justice initiated, reflecting the DOJ’s continued emphasis on using the FCA to combat alleged fraud.

The DOJ collected more than $5.6 billion in FCA settlements and judgments in 2021, marking the second-largest annual total in FCA history. More than $5 billion in those recoveries involved health care matters, and more than half derived from settlements with prescription opioid manufacturers. Notably, about 70% of the total recoveries were from actions the DOJ initiated; the rest were from qui tam actions where the DOJ either intervened or the private plaintiff-relator pursued the action. In 2014,...

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