Podcast
Episode 19 | Some FCA Whistles Are Louder Than Others
Host Jonathan Porter welcomes Abe Souza, a new member of Husch Blackwell’s White Collar, Internal Investigations, & Compliance team, to the podcast to discuss newly released Department of Justice data regarding qui tam litigation, as well as DOJ’s False Claims Act priorities and best practices for defusing FCA investigations. There was a record number of qui tam lawsuits filed in 2024, and while whistleblower filings hit an all-time high, DOJ’s recoveries and investigative resources have remained mostly flat, leading to a crucial question—how does DOJ decide which qui tams to pursue?
Jonathan and Abe use their experience serving within DOJ to shed light on how DOJ prioritizes FCA investigations. The discussion touches on the time-management aspects of an Assistant U.S. Attorney’s job and how these time limitations force AUSAs to focus on cases where there is a potential to secure a significant settlement or judgment and where the underlying allegations detail egregious conduct accompanied by strong evidence that can be marshaled at trial. Additionally, DOJ is more apt to end an investigation when there is some evidence of a violation, but the violation was immaterial to the government’s payment decision.
The conversation then shifts to explore how qui tam complaints make their way through the legal system and how defendants can best defend these types of investigations. There is often a substantial degree of...
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