Crunching the Numbers: The Rise of Data Relators and DOJ Data Analytics to Identify Fraud

January 23, 2024 2:45pm

Scott Grubman
Chilivis Grubman LLP

Jonathan Kroner
Founding Lawyer
Jonathan Kroner Law Office

Lee M. Cortes, Jr.
Executive Assistant AUSA
USAO, District of NJ

Increased globalization and decentralization of services combined with advances in machine learning, artificial intelligence and software has ushered in a new era of data and data analytics. In the first part of the series Crunching the Numbers, relator’s counsel and government attorneys will share valuable insights into how they use data to identify potential claims of fraud:

  • Demystifying how government is using data to identify outliers » How does government assess the quality and accuracy of the data they receive?
    • From where does government receive data?
  • Learning how whistleblowers, relators, and their counsel use data to allege FCA violations
  • Knowing the factors considered by government before deciding to issue a CID based off data analytics
    • Governmental sensitivity to the costs, financial and otherwise, associated with “big data” requests
    • Navigating a strategic response to CID’s for a data-based claim
    • Balancing the cost of a comprehensive response against the benefit of an investigation ending
  • Exploring what an FCA defendant can argue to prevent a relator from getting past the pleading stage when the claim is based on data analytics