As the sea of cybersecurity laws and regulations expands and the enforcers remain on high alert, the False Claims Act presents yet another formidable challenge.

As the sea of cybersecurity laws and regulations expands and the enforcers remain on high alert, the False Claims Act (FCA) presents yet another formidable cybersecurity challenge to navigate. A creation from the American Civil War era, the FCA provides a mechanism for the United States to pursue claims against any person who knowingly submits, or causes to submit, false claims to the government. Many states have equivalent counterparts as well. In addition to the government itself, private citizens can file qui tam suits on behalf of the government and receive a portion of the government’s recovery if successful. As a result, the Justice Department boasts FCA enforcement numbers shattering records year after year. In the fiscal year ending in September 2024, DoJ saw over $2.9 billion in FCA settlements and judgments and a record-setting 979 quit tam lawsuits filed by whistleblowers.

What is happening

Such robust enforcement is possible due to the availability of treble damages under the FCA as well as the ever-expanding sphere of frauds investigated and litigated under the FCA. The better-known examples include alleged violations involving federal healthcare programs, military procurement and pandemic financial assistance programs. The newest additions to the list are the Cross-Agency Trade Fraud Task Force...

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