The United States Department of Justice (“DoJ”) has issued its report on False Claim Act actions for 2025.
The False Claims Act (FCA), 31 U.S.C. § 3729, prohibits federal contractors and others from defrauding the government through the submission of false claims that cause the government to pay too much or receive too little. The federal government is normally the party that asserts FCA claims. When they succeed, the government may recover both the actual damages suffered, plus treble damages and fines.
The FCA also permits any “person,” referred to as a relator, to bring a claim in the name of the United States. After such a party files a complaint, the government may choose to intervene as a plaintiff in the action, which transfers control to the government. If the government declines to intervene, the relator may proceed with prosecution, including any appeals, without having to consult with or take direction from the government. If the relator succeeds with the claim, they may collect up to thirty percent of the judgment as an award.
In 2025, the DoJ brought 401 FCA actions on its own, and 1,297 FCA qui tam actions were brought. Also in 2025, the DoJ recovered $1,548,089,931 in judgments and settlements on DoJ initiated FCA claims, while FCA qui tam actions recovered $5,340,006,336. Of that $5,340,006,336 in FCA qui tam actions, the relators (i.e., whistleblowers who initially brought the claim) received $330,358,218 in awards.
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