Whistleblower-driven False Claims Act (FCA) lawsuits are on the rise, raising critical questions about the factors fueling this trend and its potential impact on enforcement.
Recent headlines may be encouraging more individuals to see themselves as part of the effort to combat fraud, waste, and abuse in our institutions. However, a higher volume of cases does not necessarily mean an increase in meritorious claims or high-dollar settlements.
In an article for Law360 Healthcare Authority, I explored these issues in detail, analyzing the U.S. Department of Justice’s recent announcement on FCA litigation trends. This rise in FCA claims may be driven by several factors, including growing public awareness and increased scrutiny of government spending.
Yet, it is important to note that civil fraud recoveries have remained stagnant for several years, with last fiscal year’s recoveries ranking as the fourth-lowest since 2010.
The full article, “FCA Claims Surge As Whistleblowers Eye Pandemic Spending,” was published by Law360 Healthcare Authority on February 18 and is available online (subscription required). This piece follows a recent analysis of the DOJ’s civil fraud recovery statistics that I co-authored with John Eason for this blog, titled “DOJ Releases Annual Civil Fraud Recovery Statistics and Results…Our Look Behind the Numbers.”