Episode 47 | 2026 Mid-Year FCA Update: New DOJ Infrastructure, Trials, and the Rise of Data-Mining Whistleblowers
Host Jonathan Porter welcomes Husch Blackwell’s Kip Randall and Abe Souza for a mid-year False Claims Act update, following up on a similar blog post that Kip, Abe, and Jonathan wrote with the leader of Husch Blackwell’s white collar group, Jody Rudman. With significant developments in DOJ’s enforcement infrastructure, certification theories, and the evolving role of whistleblowers, Kip and Abe provide essential insights into the trends shaping FCA enforcement in 2026.
We begin with the biggest structural change in FCA enforcement: DOJ’s new infrastructure to combat fraud. Kip explains what has changed within the Department of Justice and how the agency is coordinating with other federal entities to identify and prosecute fraud more effectively. This isn’t about new risk areas—it’s about DOJ becoming more sophisticated and efficient in pursuing the fraud schemes it’s always targeted.
Next, we examine the continued trend toward FCA cases going to trial. Abe discusses a major trial from earlier this year and what it reveals about defendants’ willingness to take their chances before a jury despite the treble damages and per-claim penalties that create enormous risk. We explore the mixed results defendants have achieved at trial in recent years and what these outcomes mean for those accused of False Claims Act violations going forward.
Our conversation then shifts...
RCMP Staff Sgt. Jerry Nutbrown brings you behind the scenes with a series of columns taking you behind police work and how it’s done in our community. If you have a question you think needs to be ...