The Enforcers Speak: The Impact of Recent DOJ Policy Changes and Federal Caselaw on the Government’s Evaluation of a Qui Tam Action on Life Sciences or Healthcare Sectors

September 24, 2021 11:30am

Charlene Keller Fullmer
Deputy Civil Affirmative Chief
U.S. Attorney's Office, Eastern District of Pennsylvania

Rachael A. Honig
Acting U.S. Attorney
District of New Jersey

Joseph A. Marutollo
Assistant United States Attorney
Acting Chief, Civil Division United States Attorney’s Office

Eastern District of New York

Jacob M. Bergman
Deputy Chief, Civil Frauds Unit
United States Attorney’s Office

Southern District of New York


Scott D. Stein
Sidley Austin LLP

  • Reviewing the expanding regulatory authority of federal and state prosecutors
  • Assessing the impact intervention has on relator’s eventual recoveries
  • Understanding §(C)(2)(A) of the FCA, which grants the attorney general the authority to dismiss qui tam actions over a relator’s objection
  • Reviewing the effect of government declination on the first-to-file bar
  • Examining the developing case law regarding the standard to prove causation between and false statement and subsequent damages
  • Analyzing guidance for prosecutors when:
    • Investigating a life science or healthcare corporation’s compliance program
    • Deciding whether to award cooperation credit to defendants