The Northern District of Mississippi—a jurisdiction not known for aggressive false claims actions—brought 48 civil False Claims Act cases as of Sept. 26, 2022. All but two involve allegations of Paycheck Protection Program fraud.
This explosion of FCA cases sharply contrasts with last year, when the same district saw not even one case—and reflects more than a five-fold increase compared to the nine FCA cases brought by the district over the last five years.
And the district is not just bringing these cases. It is also successfully resolving them at an incredibly quick pace. Indeed, the district has announced that it has already recovered in excess of $1 million through civil settlements.
If other jurisdictions follow the lead of the Northern District of Mississippi, this could have a profound impact on the FCA bar. With the success of the district as a polestar, we may see other jurisdictions looking to recoup some of lost PPP funding—or similar low-level fraud—without straining their criminal case dockets.
The 46 PPP-related FCA cases brought thus far this year by the district exclusively involve individuals who submitted...
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