The False Claims Act: 2019 Takeaways and 2020 Trends

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The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2019, and it remains the primary vehicle for the government to recover payouts for fraud or a material misrepresentation. With recent increases in monetary recoveries from government-initiated matters and whistleblower incentives to initiate claims, government contractors face FCA investigation or litigation risk at every turn, even for inadvertent See more +
The Department of Justice (DOJ) recovered more than $3 billion in settlements and judgments from civil cases involving fraud and the False Claims Act (FCA) in Fiscal Year 2019, and it remains the primary vehicle for the government to recover payouts for fraud or a material misrepresentation. With recent increases in monetary recoveries from government-initiated matters and whistleblower incentives to initiate claims, government contractors face FCA investigation or litigation risk at every turn, even for inadvertent misrepresentations. To avoid potential FCA liability and ensure compliance, government contractors should clearly understand their obligations, representations, and certifications.

Please join Matt Feinberg and Jackie Unger—members of PilieroMazza’s FCA Team—for commentary on potential pitfalls for government contractors who may face enforcement issues in light of emerging trends. They discuss:

• the issues and cases that defined the FCA in 2019;

• potential new avenues for FCA liability that were confirmed in the last 12 months; and

• formal and informal announcements from DOJ that are likely to shape the year ahead.

Disclaimer:

This communication does not provide legal advice, nor does it create an attorney-client relationship with you or any other viewer. If you require legal guidance in any specific situation, you should engage a qualified lawyer for that purpose. Prior results do not guarantee a similar outcome.

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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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