The False Claims Act and FIRREA: Trends and Developments in Civil Fraud Enforcement

For more than 30 years, the Justice Department has used the civil False Claims Act ("FCA") as its primary tool for recovering losses from alleged fraud on the government. More recently, the Justice Department has added the civil penalty provision of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA") to its civil fraud enforcement toolbox. While these two statutes differ in key respects, both can severely impact companies and individuals accused of submitting false claims or engaging in certain other "fraudulent" activity.

This course, presented by Doug Baruch and Jenny Wollenberg, leaders of Fried Frank's False Claims Act and FIRREA practice, provides an overview of FIRREA's civil penalty provision and the FCA and then presents developments and trends under these civil fraud enforcement statutes.

Learning Objectives: 

1. Develop an understanding of the FCA, including its qui tam provision
2. Comprehend FIRREA's civil penalty provision
3. Gain an appreciation for what is at risk under both statutes, including by analyzing recent noteworthy recoveries
4. Acquire an awareness of relevant developments, including Supreme Court activity
5. Receive practical guidance to help reduce risk under the FCA and/or FIRREA's civil penalty provision