False Claims and Qui Tam Enforcement

Although the 2022 recoveries did not match the $5.6 billion recovered in 2021, fiscal year 2022, at $2.2 billion in recoveries, marked the fourteenth straight year where recoveries exceeded $2 billion. As in past years, this number comes primarily by recoveries in the health care industry. Notably, 2022 represented the second-highest number of settlements—351—for a single year in DOJ history. Moreover, the government and qui tam relators filed 948 new cases in 2022, surpassing the previous record set in 2020 (937). The FCA continues to be a powerful tool, and the statistics reflect a sustained appetite by relators to pursue FCA litigation even when the government declines to intervene.

The DOJ continues to ramp up its investigations of pandemic-related fraud, as well as its enforcement efforts against Medicare Advantage organizations and the telehealth industry. And we are also seeing the first DOJ cybersecurity fraud actions being brought under the FCA – with a clear signal that more of these cases will be on the horizon.

By all accounts, these latest trends signal sustained and aggressive enforcement efforts by the government and qui tam relators alike.

Join us for 2 days live in NYC and hear directly from government enforcers, cross-industry compliance and investigations counsel and leading attorneys from the defense and relators’ bar about what you can do to prepare for the next wave of FCA enforcement.