DOJ’s 2023 False Claims Act Recoveries and Early Trends in 2024

In the latest episode of Bona Fide Needs, Pub K Managing Editor Bill Olver spoke with Arnold & Porter False Claims Act Investigations & Defense attorneys Tirzah Lollar and Christian Sheehan for a discussion of DOJ’s FY23 False Claims Act (FCA) financial recoveries and enforcement trends for 2024.

While DOJ’s total recoveries of nearly US$2.7 billion increased from 2022, those recoveries are lower than prior years. Most recoveries came from the healthcare industry, but there was a significant uptick in defense-related recoveries. Tirzah and Christian noted the dramatic increase in investigations initiated by DOJ itself and the record number of CIDs issued last year.

Tirzah and Christian also discussed developments following SCOTUS’ decision in Polansky, providing an update on constitutional challenges to the FCA’s qui tam provisions and discussing recent motions to dismiss filed by DOJ under Section 3730(c)(2)(A). Further coverage of the program can be found here.

Click here for the full list of FCA recoveries since 2020.

© Arnold & Porter Kaye Scholer LLP 2024 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.