The False Claims Act continues to be one of the most commonly used weapons in the government’s enforcement arsenal to address various forms of fraud. This review highlights key developments from 2024 related to the FCA, including:
- The recovery by the government of over $2.9 billion in settlements and judgments in FCA cases in fiscal year 2024—$133 million more than the previous fiscal year’s recovery and a record-high 979 new “qui tam” cases filed by whistleblowers (also known as relators).
- The government maintaining its traditional focus on targeting fraudulent billing and kickback schemes as well as fraud involving the pharmaceutical industry and defense contractors and holding the individuals behind corporate fraud accountable.
- The government continuing to prioritize the detection, investigation, and prosecution of fraud related to cybersecurity requirements for government contractors and COVID-19 relief programs like the Paycheck Protection Program.
- Continued judicial efforts to interpret the substantive elements of an FCA claim, including what it means for a claim to be “material” and what it takes to plead a claim with particularity under Rule 9(b)’s heightened pleading standard.
- Significant judicial decisions regarding the standard the government must meet to dismiss an FCA case, what it means for a defendant to act “knowingly,” and when an FCA claim “results from” a kickback violation among many other issues.
In 2024, Haynes Boone represented healthcare providers, defense contractors, and individuals in FCA investigations and lawsuits. We successfully resolved matters before lawsuits were filed, negotiated favorable settlements at all stages, and defended our clients in active litigation and appeals. We also advised many healthcare providers and contractors regarding FCA compliance and other related issues.
View the False Claims Act - 2024 Year in Review
If you have any questions about the issues covered in this review, please let us know. We look forward to working with our friends and clients in 2025 and beyond.
