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DOJ’s New FCA Settlements Underscore Trump Administration’s Focus on Tariff and Customs Compliance
By Jaime L.M. Jones, Lisa H. Miller, Matt Bergs, Anna Carney
Two recent settlements involving imports from the People’s Republic of China (“PRC”) illustrate the U.S. Department of Justice’s (“DOJ”) commitment to rapidly stepping up enforcement against tariff evasion and customs…
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District Court Recognizes that Even Minimum FCA Civil Penalties Could Be Unconstitutional Under the Excessive Fines Clause
By Scott D. Stein, Meredith Greene Jalali, Kennedy Cribbs
Recently, the Southern District of New York issued a decision imposing FCA penalties that provides further guidance on the circumstances under which such penalties may violate the Eighth Amendment. In…
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First Circuit Affirms Dismissal of Qui Tam for Failing But-For Test Linking AKS Violations to FCA Liability
By Scott D. Stein, Joseph R. LoCascio, Joseph S. Katz
In U.S. ex rel. Flanagan v. Fresenius Med. Care Holdings, Inc., 23-1305 (1st Cir. June 27, 2025), the First Circuit recently affirmed dismissal of an FCA complaint because it failed…
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Department of Justice Announces 2025 Inflationary Adjustments to FCA Penalties
By Scott D. Stein, Catherine Stewart
The Department of Justice has published the inflationary adjustments to the civil monetary penalties associated with False Claims Act violations. Under the Balanced Budget Act of 2015, annual inflationary adjustments…
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DOJ Announces Reinvigorated False Claims Act Cooperation with the Department of Health and Human Services
By Kristin Graham Koehler, Jaime L.M. Jones, Matt Bergs, Joseph R. LoCascio
On July 2, 2025, the U.S. Department of Justice (“DOJ”) announced the renewal of the DOJ-HHS False Claims Act Working Group, a partnership with the U.S. Department of Health and…
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DOJ Continues to Leverage Polansky in Seeking (c)(2)(A) Dismissals
By Jaime L.M. Jones, Matt Bergs
As discussed here, there is new leadership at DOJ and last week we got insight into when DOJ is moved to exercise its dismissal authority under 31 U.S.C. § 3730(c)(2)(A). In…