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Sunday, June 21, 2026

DOJ Picks Up the Pace in False Claims Act Litigation: 5 Considerations for Employers Facing Fraud Allegations - JD Supra

If your company receives state-administered, federal taxpayer funds, be wary of a more focused, accelerated investigative and vetting strategy when it comes to whistleblowing cases presented to the US Department of Justice (DOJ). The DOJ has gotten more aggressive under this administration by not only continuing to encourage whistleblowers to report fraud involving federal benefits programs, but has also recently committed to accelerate the review of False Claims Act (FCA) complaints. What are five initial considerations for your company if faced with FCA litigation?

Could our company be subject to False Claims Act litigation and who are the players?

The American taxpayer funds a variety of nutritional, medical, housing and utility benefits for those in need. The federal government partners with states to administer these benefit programs and has, of late, been hyper-focused on eradicating fraud.

Whistleblowers, often employees of companies or organizations that administer these funds, can “report” this fraud by filing qui tam lawsuits against the offending company in federal court via the False Claims Act (FCA). If the federal government feels an action is meritorious, it may intervene in the lawsuit, ultimately taking control of the litigation and partnering with the whistleblower to take on the fraudulent scheme.

The government always has a right to enter the litigation with the whistleblower and seek recourse. If the parties are successful through a settlement or at...



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