This is the first in our 2023 series examining important trends in white collar law and investigations. Up next: criminal tax enforcement.
The False Claims Act (or “FCA”) continued to drive significant enforcement activity in 2022, especially, but not exclusively, in the healthcare sector. In 2023, we expect the government and whistleblowers to continue to prosecute and likely resolve False Claims Act matters in large numbers. In addition, we await decisions from the Supreme Court in United States, ex rel. Polansky v. Executive Health Resources, Inc. and consolidated cases, United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc. Together, these cases will answer critical questions about the government's ability to dismiss suit after declining to intervene and False Claims Act defendants' ability to rely on objectively reasonable interpretations of regulation as evidence of intent.
In 2022, FCA matters continued to be a fertile ground for the government and whistleblowers, though the sheer number of FCA matters did not necessarily track the dollars recovered. Thus, in 2022, the government and whistleblowers resolved 351 FCA matters through settlement or judgment—the second highest number of settlements and judgments in a single year. Despite this high volume, total FCA recoveries dipped from $5.6 billion in FY 2021 to $2.2 billion in FY 2022. More than $1.9 billion of the $2.2 billion came from resolutions of...
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...