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Sunday, June 15, 2025

True Facts About False Claims: MoFo's FCA Newsletter - April 2025 - JD Supra

Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, Morrison Foerster provides key takeaways and discusses some of the most significant false claims topics.

In this second newsletter of 2025, we answer the following questions: What lessons do we draw from the U.S. Department of Justice (DOJ)’s recent announcement about its work in the FCA arena? How might the Supreme Court’s recent ruling in an FCA case impact the definition of “claims” under the FCA? And how is DOJ starting to enforce its priorities under the FCA? The answers to this quarter’s questions—plus a discussion of two states’ efforts to expand FCA liability—are here in our MoFo April 2025 FCA Update.

Federal

DOJ Signals Continued Robust Enforcement of the FCA. On February 20, 2025, Deputy Assistant Attorney General (DAAG) Michael Granston and Director Jamie Ann Yavelberg of the Civil Division’s Commercial Litigation Branch confirmed at the Federal Bar Association (FBA)’s Qui Tam Conference that DOJ would continue aggressive enforcement of the FCA in four key areas, as we discussed in a recent client alert: healthcare fraud including Medicare Advantage (Part C), cybersecurity, pandemic relief fraud, and tariffs and customs avoidance. It is noteworthy that DOJ leadership confirmed that DOJ would continue to defend the constitutionality of the FCA’...



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