Top Reasons for 2022’s Downward Trend in False Claims Act Recoveries
Following the US Department of Justice’s (DOJ) release of statistics regarding FCA settlements and judgments for the 2022 fiscal year, Law360 spoke with attorneys on both sides of the FCA bar to discuss figures and the litigation landscape that lies ahead.
As we previously reported here, DOJ emphasized that the government and whistleblowers were party to over 350 FCA settlements and judgments, representing the second-highest number of settlements and judgments in a single year. And, according to Brian Boynton, head of DOJ’s Civil Division, “The large number of settlements and judgments this past year demonstrates that the [FCA] remains one of the most important tools for ensuring that public funds are spent properly and advance the public interest.”
On Monday, February 13, 2023, Law360 reported that this emphasis has “struck some lawyers as sleight of hand.” Indeed, one attorney characterized DOJ’s focus as “a seeming act of recalcitrance or obfuscation,” while another noted that “a discernible pattern” has emerged as FCA recoveries trend down.
Since FCA cases often take years to close, the downward trend is not necessarily a result of the current administration. Nonetheless, Law360 noted that “the Trump administration’s leadership and policymaking often appeared less than ideal for anyone hoping to maximize FCA recoveries.” Another attorney stated that DOJ has continued to “devot[e]...
Patricia White, 70, of Old Greenwich, received a nine-month prison sentence for submitting false claims for unclaimed properties to around 30 state treasuries. HARRISBURG, Pa. — Months after her br...