• The False Claims Act (FCA) is one of the DO's most powerful civil and criminal enforcement statutes.
• The FCA was part of the Executive Order requiring all government contracts and grants to certify that the recipient has complied with the Administration’s DEI and anti-discrimination policies.
• If this is a harbinger for the direction of FCA enforcement under the second Trump administration, it shows a serious threat to the legitimacy of the FCA.

The False Claims Act (FCA) is one of the U.S. Department of Justice’s (DOJ) most powerful civil and criminal enforcement statutes. Also one of the oldest, it originated more than 150 years ago, after the Civil War, to pursue claims of fraud and defective weapons that had been sold to Union troops. The present day FCA provides for treble damages, civil monetary penalties, and recovery of attorney fees. See generally, 31 USC §3730. One of the crucial provisions authorizes qui tam relators to bring an enforcement action on behalf of the United States and receive up to 30% of any recovery if the DOJ does not intervene. If the government does decide to intervene, relators can still receive up to 25% of any recovery. Payment of their attorney fees is available in either setting.

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