In the latest edition of our False Claims Act Guide: 2022 and the road ahead, we analyze the key developments from 2022 and discuss how the most important cases and issues are shaping FCA enforcement now and in the year to come.

Below are the articles in our latest guide:

Executive summary

In 2022, False Claims Act (FCA) settlements and judgments totaled US$2.2 billion. Although this was one of the lowest annual recovery totals in years, there is no indication that the Department of Justice (DOJ) is slowing its FCA enforcement activity – quite the contrary. Read more...

Supreme Court to review knowledge standard

Scienter in False Claims Act cases: U.S. Supreme Court to review SuperValu and Safeway.

In recent years, federal courts have been grappling with the scienter element of the False Claims Act (FCA), including how to assess scienter when a statutory, contractual, or regulatory obligation could be interpreted in multiple reasonable ways. The FCA imposes civil liability on persons who knowingly submit false claims for payment to the government. The statute defines knowingly to mean “actual knowledge,” “deliberate ignorance of the truth or falsity of the information,” or “reckless disregard of the truth or falsity of the information,” and “requires no proof of specific intent to defraud.” In cases where the plaintiff (government or relator) argues that the defendant defrauded the government by relying on an interpretation of an ambiguous term of a statute, contract,...

Read Full Story: https://news.google.com/rss/articles/CBMiU2h0dHBzOi8vd3d3LmxleG9sb2d5LmNvbS9s...