On May 19, 2025, the U.S. Department of Justice (DOJ) unveiled the Civil Rights Fraud Initiative, a new enforcement strategy aimed at leveraging the False Claims Act to hold colleges, universities, government contractors, and other federal funding recipients accountable for violations of civil rights laws. Announced by Deputy Attorney General Todd Blanche, this initiative seeks to investigate and pursue claims against entities that knowingly violate federal civil rights laws, such as Titles IV, VI, and IX of the Civil Rights Act of 1964, while receiving federal funds. The DOJ’s Memorandum specifically states that a college or university “could violate the False Claims Act when it encourages antisemitism, refuses to protect Jewish students, allows men to intrude into women’s bathrooms, or requires women to compete against men in athletic competitions.”
The False Claims Act, originally enacted in 1863 to combat fraud against the Union Army during the Civil War, is a powerful tool that allows the government to recover treble (i.e., three times the amount of) damages and statutory penalties from those who submit false claims for federal funds. It also allows the government to pursue criminal charges against violators. Traditionally used to address financial fraud, the DOJ’s new Civil Rights Fraud Initiative expands the False Claims Act’s application to enforce compliance with civil rights laws. The initiative will be co-led by the DOJ’s Civil Division’s Fraud Section and the...
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