This is the seventh post in this year’s series examining important trends in white collar law and investigations. Our previous post discussed SEC Enforcement in 2022: A Look Ahead. Up next: ESG and the SEC: What’s Next on the Horizon.

Looking further ahead into 2023, we expect to see several trends in the DOJ’s enforcement of the False Claims Act:

• First, continuing a trend that began in the Trump administration, we expect the total number of cases brought under the False Claims Act to continue to climb, fueled in part by a continued focus on bringing cases directly rather than relying on whistleblowers—often as a result of the government’s increasing reliance on data analytics.
• Second, we expect the health care industry to continue to receive the lion’s share of enforcement scrutiny, with particular focus on telehealth services, Medicare Advantage fraud, medically unnecessary procedures, and alleged kickbacks.
• Third, we expect an increasing use of the False Claims Act to ensure compliance with cybersecurity standards and to stamp out alleged pandemic fraud.

Steady Flow Of New Matters Fueled By Data Analytics

As discussed in last year’s post, the period between 2017 and 2020 was the most active period of enforcement in the False Claims Act’s history as measured by the number of new matters opened. That increased activity was the result of sharp increases in the number of cases brought directly by the government rather than through qui tam relators, or whistleblowers. In...

Read Full Story: https://www.jdsupra.com/legalnews/false-claims-act-enforcement-in-2022-3906821/