On May 7, 2019, the Department of Justice (DOJ) released long awaited guidance on how it will evaluate and credit cooperation in False Claims Act (FCA) cases. The new guidelines, codified in DOJ’s Justice Manual, is the department’s latest attempt to drive consistency in its handling of FCA matters. Maximum credit, usually in the form of reduced penalties or damages, will be given to individuals and companies who: (i) voluntarily self-disclose misconduct; (ii) cooperate in government investigations; and (iii) take proactive steps to remediate any violations.
Read the full analysis here.