The U.S. Department of Justice (DOJ) recovered more than $5.6 billion in civil False Claims Act (FCA) judgments and settlements in fiscal year (FY) 2021, the second largest ever annual total in FCA recoveries and the largest since 2014, DOJ announced on February 1, 2022.
DOJ’s total FCA recoveries for the fiscal year ending September 30, 2021, represent a turnaround from FY 2020, when the government recovered $2.2 billion in FCA settlements and judgments, the lowest total since 2008. DOJ’s announcement highlights that investigations and litigation under the FCA, the government’s primary civil remedy to redress fraud against the government, remain robust, with significant consequences for companies in regulated industries. According to DOJ, of the more than $5.6 billion in settlements and judgments in FY 2021, over $5 billion relates to matters involving the healthcare industry.
In this update, we provide an overview of DOJ’s statistics and their significance for companies and other stakeholders.
Each year, DOJ obtains billions of dollars in recoveries under the FCA. The government has collected more than $70 billion under the FCA since 1986, when Congress amended the statute to increase incentives for whistleblowers to file fraud suits on behalf of the government (so-called qui tam actions).
DOJ’s annual FCA statistics can offer insights into trends in FCA investigations and qui tam litigation, but it is important to remember...
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