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New Supreme Court FCA Decision Avoids Thorny Claim Questions, Reiterates Interest in Constitutional Challenge

In its most recent False Claims Act decision, the US Supreme Court opted for a narrow “claim” definition analysis, limiting its impact to those involved in the E-Rate program, but signaled interest in addressing the...more

US Administration Tariff Expansion, Potential False Claims Act Actions, and Other Enforcement Implications

With the second Trump administration holding the reins of the executive branch, companies should brace for a renewed focus on trade enforcement. The administration has already begun to expand tariffs on a variety of items...more

DOJ Announces Over $2.9 Billion in False Claims Act Recoveries in Fiscal Year 2024

In a press release issued on January 15, 2025, the US Department of Justice released its annual statistics and announced that recoveries from False Claims Act settlements and judgments in fiscal year 2024 topped $2.9...more

False Claims Act: Defense-related Enforcement in Fy 2023 and on the Horizon

The headlines from the US Department of Justice’s (DOJ’s) recently released fiscal year 2023 civil fraud statistics may, on the surface, seem unremarkable. Indeed, the $2.7 billion topline number—reflecting total recoveries...more

Seventh Circuit Creates Third Standard in FCA Dismissal Authority Circuit Split

The Seventh Circuit’s novel statutory interpretation of the government’s dismissal authority under 31 USC § 3730(c)(2)(A) may have unintended consequences. ...more

US Supreme Court Declines to Consider DOJ Dismissal Power in FCA Cases

In a recent denial of a petition for certiorari, the US Supreme Court declined to resolve the standard courts should use when evaluating government motions to dismiss in qui tam cases. ...more

Recent Cases Confirm That FIRREA Remains Potent Civil Fraud Enforcement Tool for DOJ

Despite a proven ability to generate massive recoveries for the federal government and inflict severe financial pain on companies and individuals accused of violating it, the Financial Institutions Reform, Recovery, and...more

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