In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime industry target, and courts wrestling with nuances over FCA’s scienter requirements, DOJ’s dismissal authority, and the long-evolving materiality standard, among other issues.
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In 2022, the False Claims Act (FCA) continued to be the federal government’s chief tool for combatting fraud. Many trends in
recent years were likewise present in 2022: robust FCA enforcement generally, healthcare as the prime industry target, and
courts wrestling with nuances over FCA’s scienter requirements, DOJ’s dismissal authority, and the long-evolving materiality
Arguably the most notable development in 2022 became even more notable in early 2023. That’s when the U.S. Supreme
Court agreed to consider whether a defendant that relied on an objectively reasonable interpretation of an ambiguous law acts
“knowingly” under the FCA. As discussed more below, the underlying cases — SuperValu and Safeway, both from the Seventh
there is an “objectively reasonable” interpretation of an underlying statute or regulation. The Supreme Court will resolve that
dispute in 2023 in a decision likely to rival 2016’s Escobar decision as the most consequential FCA decision in recent history.
Elsewhere, DOJ released in early...
Patricia White, 70, of Old Greenwich, received a nine-month prison sentence for submitting false claims for unclaimed properties to around 30 state treasuries. HARRISBURG, Pa. — Months after her br...