The U.S. Department of Justice (DOJ) obtained more than $2.2 billion in civil False Claims Act (FCA) judgments and settlements in fiscal year (FY) 2022, the lowest such annual total since 2008 and a significant drop from a jump in FCA recoveries in the prior year. At the same time, the government and qui tam relators filed a total of 948 new cases in FY 2022, a record high.

The DOJ’s announcement of its statistics for FY 2022 FCA settlements and judgments signals that enforcement of the FCA against corporate defendants continues to be vigorous, even if the dollar values are lower. The DOJ highlighted that, in FY 2022, the government and qui tam relators obtained 351 FCA settlements and judgments—the second-highest such number in any one year in history. Also, the DOJ initiated a record 296 non-qui tam FCA cases in FY 2022, demonstrating that the DOJ is increasingly bringing FCA cases on its own, without relying on relators to trigger investigations by filing suits pursuant to the FCA’s qui tam provisions.

In this Update, we provide an overview of the DOJ’s statistics and their significance.

Highlights From DOJ’s FY 2022 FCA Statistics

Each year, the DOJ recovers billions of dollars from defendants under the FCA, which imposes treble damages and penalties against violators that knowingly present (or cause to present) a false or fraudulent claim for payment to the government. The government has collected more than $72 billion in FCA settlements and judgments since amendments...

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