This past year, the False Claims Act (FCA) continued to be a key tool for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department secured 543 FCA settlements and judgments — a record number — and collected over $2.68 billion. Whistleblowers filed 712 qui

The False Claims Act (FCA) continued to be a key tool in 2022 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. While the focus stayed largely on the healthcare industry, the risk to corporations of huge financial penalties under the FCA remains. The number of

2021 Proves to Be Another Big Year for the False Claims ActPicking up where 2020 left off, the False Claims Act (“FCA”) continued to be a key tool in 2021 for the Justice Department and whistleblowers to bring suits against companies, including those in the financial services sector. The Justice Department obtained more than $5.6 billion in settlements and judgments in 2021, the largest amount since

Focus on False Claims Act Suits Continues in 2020 Despite a Nationwide PandemicThe False Claims Act (FCA) continues to be a primary tool for both the Justice Department and whistleblowers’ counsel to bring suits against companies in the financial services sector, and the nationwide pandemic did not halt the investigation and litigation of these cases. Whistleblowers filed 672 new cases in 2020, comprising a significant percentage of

Continued Payments by the VA Won’t Stop Qui Tam When It Comes to Purported Fraud on Veterans

In the latest instance of courts interpreting the Supreme Court’s landmark False Claims Act ruling in Universal Health Services, Inc. v. Escobar, the Eleventh Circuit recently departed from the trend of giving great weight in the analysis of whether a violation was material to the fact that the government continued payment, finding that other

Lender Liability and False Claims Act Issues under the Paycheck Protection ProgramAmong the most significant aspects of the CARES Act is the $660 billion small business forgivable loan program known as the Paycheck Protection Program (PPP), and it was perhaps inevitable that the administration of the program would be followed by a wave of related litigation. Already, the PPP application process has generated lawsuits over the

False Claims Act Suits Remain a Focus of Whistleblowers in 2019Both the Justice Department and an array of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies, even though recoveries in the financial services sector were scant in 2019. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group

HUD and DOJ Release Memorandum on the Application and Enforcement of FHA Violations Involving the False Claims ActIn an effort to provide clarity and certainty to Federal Housing Administration (FHA) approved lenders, the U.S. Department of Housing and Urban Development (HUD) and the U.S. Department of Justice (DOJ) jointly issued a memorandum of understanding (MOU) on October 28, 2019, describing broad guidelines about how HUD and DOJ will coordinate using the False

Disclosure and Cooperation Allow for Reduced False Claims Act Settlements According to New DOJ GuidanceThis week, the Department of Justice (DOJ) formalized and expanded its guidance for how defendants can earn cooperation credit in False Claims Act (FCA) cases and thereby reduce settlement amounts. New section 4-4.112 of the Justice Manual outlines three ways entities and individuals facing FCA claims can potentially earn credit—through voluntary disclosures, cooperation, and remedial

Justice Department Banks on False Claims Act Enforcement Again in 2018Though recoveries from the financial services sector fell drastically in 2018, the Justice Department and a veritable army of whistleblowers’ counsel continue to use the False Claims Act (FCA) to bring suits against banks and mortgage companies. To keep you informed on the status of the law, Bradley’s Government Enforcement and Investigations Practice Group is