The Department of Justice recently released statistics about False Claims Act settlements and judgments in fiscal year 2015, announcing recoveries totaling $3.5 billion. Although down from last year’s record recoveries of $5.7 billion, the 2015 total was the fourth-highest since 1988.
The department’s disclosure highlights the increased importance of declined cases. In 2015 the government recovered more than $1.1 billion in declined cases. That is more than the amount the department recovered from all declined cases between 1988 and 2014. While a single declined case in 2015 led to a settlement of $450 million, the important point remains clear—declined cases are a huge part of the FCA docket. Indeed, absent the growth in recoveries from declined cases, the total recovery in 2015 would have been the lowest since 2008.
Whistleblowers will also likely take notice: relators’ share awards hit a record high in 2015, totaling $600 million. The department’s disclosure also shows that health care continues to be a major focus of FCA cases. Although down year-to-year in total recovery—$1.9 billion
in 2015 from $2.4 billion in 2014—the proportion of recoveries from health care providers grew substantially. Health care cases will remain important in the years ahead: 60 percent of the cases filed or investigations opened in the past five years involve health care providers.
The government’s press release is available here. A chart prepared by the DOJ breaking down awards by year is available here.