The federal government recovered $3.7 billion under the False Claims Act in 2017. Of the $3.7 billion recovered, $3.4 billion was recovered by cases brought by whistleblowers under the False Claims Act’s qui tam provisions. From these recoveries, $392 million was paid out to whistleblowers. Click here for a copy of the Justice Department’s press release.

In 2016, the Department of Justice recovered over $4.7 billion from False Claims Act cases. According to the DOJ, 2016 was the third highest year in annual FCA recoveries in the history of the FCA. Of the $4.7 billion recovered, $2.9 billion was recovered from lawsuits filed by individual whistleblowers under the FCA’s qui tam provisions. A

On September 20, 2016, U.S. District Judge Hamilton held that Escobar did not establish a ridge two-part test for falsity that must be met in every single implied certification case under the False Claims Act. The ruling was made in Rose v. Stephens Institute, Civil Action No. 09-cv-05966, which is pending in the United States District Court for the

In Carlson v. Dyncorp International, LLC, the Fourth Circuit clarified the standard a plaintiff in the Fourth Circuit must meet to survive a motion to dismiss a retaliation claim brought pursuant to Section 3730(h)(1) of the FCA. Section 3730(h)(1) establishes a cause of action against an employer that retaliates against an employee as a result of

Effective August 1, 2016, the penalties available under the False Claims Act will increase to a minimum of $10,781 to a maximum of $21,563. Prior to this adjustment, the penalties available under the FCA ranged from a minimum of $5,500 to a maximum of $11,000. This adjustment represents a significant increase, and will further the

In Universal Health Services v. United States ex rel. Escobar, the Supreme Court held that the implied certification theory of liability can be the basis for liability under the False Claims Act when a defendant submitting a claim makes specific representations about goods or services provided, but fails to disclose non-compliance with material statutory, regulatory or