DOJ Announces Another Increase to Already-High False Claims Act Penalties

Mintz - Health Care Viewpoints
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Mintz - Health Care Viewpoints

Last Friday, the Department of Justice (DOJ) announced another increase to civil monetary penalties assessed under the False Claims Act (FCA), among other statutes.

DOJ made these adjustments to account for inflation, in accordance with the Bipartisan Budget Act of 2015, and they apply to penalties assessed after June 19, 2020, for violations occurring after November 2, 2015.

Over the last several years, DOJ has announced many such updates to penalties assessed under the FCA. Following this most recent update, the minimum per-claim penalty increased from $11,181 to $11,665, and the maximum per-claim penalty increased from $22,363 to $23,331.

 

DOJ PENALTY ASSESSED AFTER AUGUST 1, 2016

DOJ PENALTY ASSESSED AFTER FEBRUARY 3, 2017

DOJ PENALTY ASSESSED AFTER JANUARY 29, 2018

DOJ PENALTY ASSESSED AFTER JUNE 19, 2020

Minimum Per-Claim Penalty

$10,781

$10,957

$11,181

$11,665

Maximum Per-Claim Penalty

$21,563

$21,916

$22,363

$23,331

[View source.]

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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