False Claims Act: 2017 Year-in-Review

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False Claims Act (FCA) recoveries topped $3.7 billion in fiscal year 2017, marking the eighth straight year of annual recoveries in excess of $3 billion. Healthcare cases, including ones involving drug and device companies, accounted for most of the total, at roughly $2.47 billion. Recoveries in Defense Department cases increased to approximately $220 million, nearly double the 2016 figure, and the number of government-initiated cases in that sector more than doubled, reflecting in part the results of investigations from the country’s long-running military engagements in Iraq and Afghanistan. The value of settlements and judgments in the non-healthcare and non-defense category dropped by half to roughly $1 billion, of which more than $500 million was from the financial services sector. In 2017, 674 new qui tam cases were filed—an average of more than 12 a week—down from the year before but still at historically high levels.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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