INTRODUCTION -

Unlike some recent years, 2018 was somewhat short on headline grabbing news related to the False Claims Act (FCA). There were, to be sure, significant developments in the courts and within the Department of Justice (DOJ), but 2018 will not be remembered for a watershed decision, record-breaking recoveries, or seismic policy change.

2018 did, however, continue the trend of DOJ’s robust FCA enforcement across regulated industries—even if that enforcement lacked some of the garishly large recoveries of recent years. In fiscal year 2018, DOJ recovered over $2.8 billion in settlements and judgments from civil FCA cases. That figure represents a second straight year of falling recoveries (down from approximately $3.5 billion in fiscal year 2017 and $4.9 billion in fiscal year 2016), and the lowest mark since fiscal year 2009. Notwithstanding the relative reduction, this past year is the 14th consecutive year with FCA recoveries exceeding $1 billion, and 10th consecutive with over $2 billion, signaling that FCA enforcement remains alive and well.